English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 6 Principle
The Service shall operate an information system for processing the data arising from telecommunications surveillance under Article 1 paragraph 1 (the processing system).
Art. 7 Purpose of the processing system
The processing system serves to: receive the data collected by telecommunications surveillance and make it available to the authorised authorities; maintain over an extended period the legibility and security of the data collected by telecommunications surveillance; c. provide information on access to telecommunications services; d. offer processing functions for the data stored in the system, including analysis functions such as visualisation, alerting or speaker recognition; e. support business processing and controls.
let. d — Amended by No I of the FA of 1 Oct 2021 (Amendment of Legislation on Using Data in the PTSS Processing System), in force since 1 May 2022 (AS 2022 190; BBl 2020 6985).
Art.8 Content of the processing system
The processing system holds: the content of communications to and from the person under surveillance; the data that indicates with whom, when, for how long, and from where the person under surveillance is or has been communicating, as well as the technical characteristics of the communication concerned (secondary telecommunications data); c. information on telecommunications services; d. the data, in particular the personal data, required by the Service for business processing and control and for processing functions; e. results from the processing of data that is collected during telecommunications surveillance under this Act, including analysis such as visualisation, alerting or speaker recognition.
let. d — Amended by No I of the FA of 1 Oct 2021 (Amendment of Legislation on Using Data in the PTSS Processing System), in force since 1 May 2022 (AS 2022 190; BBl 2020 6985). let. e — Inserted by No I of the FA of 1 Oct 2021 (Amendment of Legislation on Using Data in the PTSS Processing System), in force since 1 May 2022 (AS 2022 190; BBl 2020 6985).
Art.9 Access to the processing system
1 The Service shall grant online access to the data collected in the proceedings in question to the authority that ordered surveillance or which later directs the proceedings and to the persons designated by that authority. 2 The authority referred to in paragraph 1 and the persons it designates shall have access to such data for as long as the authority is responsible for the proceedings. 3 If the authority transfers the proceedings to a different authority, or if it concludes the proceedings, it shall notify the Service. It shall notify the Service of the new authority that is responsible for the proceedings. 4 The data collected by surveillance shall be sent by post to the authority at its request, if possible in encrypted form, by means of data carriers or documents, if: a. it is intended to transmit the data to a foreign authority in an international mutual legal assistance procedure; or b. online access is not possible for technical reasons.
Art.10 Right to inspect case documents and right to information on the data
1 In the case of data collected in the course of criminal proceedings or in connection with the execution of a request for mutual legal assistance: a. the right to inspect case documents and the right to information in pending proceedings is governed by the applicable procedural law; b. the right to information after the conclusion of the proceedings is governed by the Data Protection Act of 25 September 2020 (FADP) if a federal authority is dealing with the request for mutual legal assistance, or by cantonal law if a cantonal authority is dealing with it. 2 The right to information on the data collected in the search for missing persons or tracing convicted persons is governed by the FADP if a federal authority is responsible for the search or for tracing, or by cantonal law if a cantonal authority is responsible for it. Article 279 CrimPC applies mutatis mutandis. 2 bis The right to information on the data collected in implementing the IntelSA is governed by the IntelSA. 2ter The rig
Para. 1 let. b — Amended by Annex 1 No II 66 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941). Para. 1 let. b — SR 235.1 Para. 2 — SR 312.0 Para. 2 — SR 121 Para. 2 — See Art. 46 No 1. Para. 2ter — SR 120 Para. 2ter — Inserted by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
Art.11 Retention period for the data
1 The length of time that data collected in criminal proceedings must be retained in the processing system is governed by the rules on criminal case files under the applicable criminal procedural law. 2 The data collected in execution of a request for mutual legal assistance shall be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance. 3 The data collected as part of the search for a missing person shall be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance. 4 The length of time that data collected in tracing a person on whom a custodial sentence has been imposed must be retained in the processing system is governed by the applicable criminal procedural law. Data collected in tracing a person on whom a custodial measure has been imposed must be retained in the processing system for as long as neces
Para. 4bis — SR 121 Para. 4bis — See Art. 46 No 1. Para. 4ter — SR 120 Para. 4ter — Inserted by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751). Para. 5 — Amended by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300; BBl 2019 4751).
Art.12 Security
1 The Service is responsible for the security of the processing system. 2 The Federal Council shall issue regulations on technical and organisational protection measures, in particular against the unintentional or unauthorised access to data and the unintentional or unauthorised modification, dissemination or destruction of data. 3 When delivering the data collected by surveillance, the entities obliged to cooperate are responsible for data security up to the point at which the Service receives the data. They shall follow the instructions of the Service regarding data security.
Art. 13 Responsibility
The authorities with access to the processing system under Article 9 are deemed to be the controller for data processing purposes in the case of data from surveillance measures within their area of responsibility.
Art. 13 — Amended by Annex 1 No II 66 of the Data Protection Act of 25 Sept. 2020, in force since 1 Sept. 2023 (AS 2022 491; BBl 2017 6941).
Art. 14 Interface with the police information systems of the Federal Office of Police
1 The data contained in the processing system may be copied to the information systems referred to in Articles 10, 12 and 13 of the Federal Act of 13 June 2008 on the Federal Police Information Systems (FPISA) using the online access, provided: the applicable law allows data processing in these systems; and b. it is ensured that only those persons responsible for the relevant proceedings have access to the data. 2 The data may only be transmitted by a person who has access rights to the processing system pursuant to this Act and to the relevant information system pursuant to the FPISA.
Para. 1 — SR 361
Art. 14a Interface to the FIS information system
1 The data contained in the processing system may be copied to the information system referred to in Article 58 IntelSA using the online access, provided: the applicable law allows data processing in this system; and b. it is ensured that only the persons responsible for the relevant surveillance measure have access to the data. 2 The transmission may only be initiated by a person who has access rights to the processing system pursuant to this Act and to the relevant information system pursuant to the IntelSA.
Art. 14a — See Art. 46 No 1. Para. 1 — SR 121