English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 General Provisions on Information and Su
Art. 17 Requests for information
1 Requests for information from the authorities specified in Article 15 SPTA to TSPs, providers of derived communication, PDCSs and operators of internal telecommunications networks as well as the information returned to the authorities are transmitted in the online request procedure or via the interfaces using the processing system specified in the PSO-PTS. 2 If the online request procedure using the processing system is unavailable for technical reasons, requests for information and the information returned to the authorities may be submitted to the PTSS by post or fax. 3 In urgent cases, the authorities may submit requests for information by telephone to the PTSS, and submit the request for information specified in paragraph 1 or 2 subsequently. 4 The request for information must indicate, in addition to the details required for the type of information concerned, the maximum number of data records to be supplied and, if available, the reference numbers and case names.
Para. 1 — Term in accordance with No 1 para. 2 of the FA of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). This amendment is made in the provisions specified in the AS. Para. 1 — SR 780.12
Art. 18 Obligations of TSPs and PDCSs with more extensive duties to provide information
1 The following providers of derived communication services shall provide the information via the query interface of the PTSS processing system: a. TSPs, with the exception of those with reduced surveillance duties 51); b. PDCSs with more extensive duties to provide information (Art. 22); c. PDCSs with more extensive surveillance duties (Art. 52). 2 TSPs, with the exception of those with reduced surveillance duties, shall provide the information in accordance with Articles 35–37, 40, 41 and 48b and in accordance with Article 27 in conjunction with the Articles 35 and 40 automatically. They shall provide other standardised information manually or automatically if they so request and by arrangement with the PTSS. 3 TSPs with reduced surveillance duties are not required to provide information in accordance with Article 48b. They shall provide the standardised information as follows: a. in writing, outside the processing system by means of a secure means of transmission authorised by the F
Art. 18 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 18a Obligations of PDCSs without more extensive duties and operators of internal telecommunications networks to provide information
1 PDCSs without more extensive duties and operators of internal telecommunications networks are not required to adhere to the types provided for in this Ordinance when providing information. 2 They shall supply the information available to them in writing outside the processing system via a secure means of transmission authorised by the FDJP. 3 They may if they so request provide the information manually via the query interface of the PTSS processing system or automatically by arrangement with the PTSS.
Art. 18a — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 18b Involvement of third parties in providing information
The persons or entities required to cooperate may engage third parties to provide information.
Art. 18b — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 18c Disclosure of the number of data records when providing information
If the number the data records found exceeds the maximum number specified in the request, the person or entity required to cooperate shall only disclose their number.
Art. 18c — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 19 Identification of the participants
1 TSPs, PDCSs with more extensive duties to provide information in accordance with Article 22, PDCSs with more extensive surveillance duties in accordance with Article 52 and retailers in accordance with Article 2 letter f SPTA must ensure that subscribers are identified by suitable means. 2 In the case of professionally operated public WLAN hotspots, TSPs must ensure that all end users are identified by suitable means.
Para. 2 — Term in accordance with No 1 para. 1 of the FA of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). The correction of 26 March 2024 concerns the French text only (AS 2024 125). This amendment is made in the provisions specified in the AS.
Art. 20 Verifying personal details in the case of mobile services
1 When supplying the means of access to mobile services or on the initial activation of such services, the TSP must verify the proof of identity in accordance with Articles 20a and 20b. 2 This obligation applies to the retailer in accordance with Article 2 letter f SPTA and not the TSP, if the means of access is supplied or the services are initially activated directly by the retailer. 3 The TSP shall verify in an appropriate manner the due registration and identification of the subscriber by the retailer and that the TSP has received the information and the copy of the identity document.
Art. 20 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 20a Provision of the proof of identity by natural persons in the case of mobile services
1 Where the subscriber is a natural person, proof of the identity must be provided by producing any one of the following documents, which must be valid on the day of recording: a. a Swiss or foreign passport; b. a Swiss or foreign identity card; or c. a foreign national identity card in accordance with the Article 71 and 71a of the Ordinance of 24 October 2007 on Admission, Period of Stay and Employment. 2 The following data about the subscriber shall be recorded: a. based on the document: 1. surname and given name(s), 2. date of birth, 3. type of document, number and the issuing country or issuing organisation, 4. nationalities; b. address; c. if known: occupation. 3 In the case of customer relationships that are not based on a subscription contract the following data must also be recorded: a. the time at which the means of access was supplied or the services were first activated; b. the name and full address of the point of supply or activation; c. the surname and given name(s) of th
Art. 20a — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c — SR 142.201
Art. 20b Provision of proof of identity of legal entities in the case of mobile services
1 In the case of legal entities, the following data must be recorded and verified based on suitable proof: a. the name, registered office and contact data of the legal entity; b. the unique business identification number (UID) in accordance with the Federal Act of 18 June 2010 on the Business Identification Number or the international legal entity identifier (LEI) of the legal entity; c. if available, the names and forenames of the persons who will use the provider’s services. 2 Retailers shall supply the information to the TSP within 3 days of recording the data. 3 Article 20a paragraph 3 applies mutatis mutandis.
Art. 20b — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. b — SR 431.03
Art. 20c Supply of means of access and activation of services for police authorities and the FIS
1 The PTSS shall at the request of the federal or cantonal police authorities or of the FIS arrange for a contract to be concluded between a TSP and the authority on the supplying the means of access and activating the services. The contract shall provide that the information in accordance with Article 20b is only accessible to a particularly small group of trustworthy persons. The TSP shall decide in consultation with the PTSS on the methods by which further disclosure of the data can be prevented. 2 The PTSS shall verify the identity of the persons who are entitled to obtain means of access and services on behalf of the authorities, and shall pass on the information required to supply this means of access and to activate these services to the TSP. The TSP shall document the means of access supplied to and the services activated for the authorities internally. 3 The means of access and services in accordance with this Article may only be used within the scope of the law applicable to
Art. 20c — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 21 Retention periods
1 The following providers must retain and be able to provide the following data for the duration of and for 6 months following the end of the customer relationship: a. TSPs and PDCSs with more extensive duties in accordance with Article 22 or 52: the data on the services and the data for the purpose of identification in accordance with Article 19 paragraph 1; b. TSPs: in addition, data on identifiers assigned on a long-term basis in accordance with Article 48a. 2 TSPs must retain and be able to provide identification data in accordance with Article 19 paragraph 2 for the duration of and for 6 months following the end of authorisation to access the professionally operated public WLAN hotspot. 3 They must for the purpose of identification retain the data on the unique assignment of IP addresses for the network access point for 6 months and be able to provide the information in accordance with Article 37. 4 TSPs that offer mobile services must retain and be able to supply the data on the
Art. 21 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 22 PDCSs with more extensive duties to provide information
1 The PTSS shall declare a PDCSs to be a provider with more extensive duties to provide information (Art. 22 para. 4 SPTA), if it has met one of the following criteria: a. 100 requests for information in the past 12 months (effective date: 30 June); b. annual turnover in Switzerland of CHF 100 million in two successive financial years, provided a large part of its business operations provides derived communication services and 5,000 subscribers use the provider’s services. 2 If a provider controls one or more undertakings required to file financial reports as defined in Article 963 paragraph 2 of the Code of Obligations, the provider and the controlled undertakings must be regarded as a single unit when calculating the values in accordance with paragraph 1. 3 Providers that exceed or fail to meet the criteria in paragraph 1 letter b must notify the PTSS of this in writing within three months of the end of their financial year and submit related supporting documents. 4 Providers must on
Para. 2 — SR 220
Art. 23 Assistance in providing information and conducting surveillance activities
If third parties are engaged by the provider to assist in providing information or conducting surveillance activities, they shall be subject to the same requirements as the provider. The provider remains responsible for providing information and conducting the surveillance activities ordered to the extent specified; in particular it shall take the measures required to ensure that suitable contact persons for providing information and conducting the surveillance activities ordered are available to the PTSS at all times. Both the provider assigned the task by the PTSS and its assistants serve as contact points for the PTSS.
Art. 24 Standardisation of types of information and surveillance
1 The Federal Justice and Police Department (FDJP) shall standardise the types of information and surveillance that are defined in this Ordinance. 2 If, based on the international standards and the enquiries made of the persons or entities required to cooperate, it proves impossible or unreasonable to standardise a type of information or surveillance, the FDJP shall dispense with doing so.
Art. 25 Special information and surveillance activities
In the case of information and surveillance activities that do not correspond to a standardised type of information or surveillance, TSPs and PDCSs shall provide the PTSS with all already available interfaces and connections to the PTSS processing system. The content and the secondary telecommunications data of the telecommunication of the person under surveillance must be supplied as far as possible in accordance with Article 26 paragraph 1 SPTA. The PTSS shall determine the modalities in specific cases.
Art. 26 Types of information
1 The types of information relate to information about: a. the subscribers (Art. 35, 40, 42 and 43 together with Art. 27 in conjunction with these articles); b. services (Art. 36–39 and 41); c. the method of payment (Art. 44); d. the proof of identity (Art. 45); e. the copies of invoices (Art. 46); f. the copies of contracts (Art. 47); g. the technical data relating to telecommunications systems and network elements (Art. 48); h. the identifiers assigned (Art. 48a and 48b); and i. determining the adjacent networks (Art. 48c). 2 The authorities may only request the information that persons or entities required to cooperate are required to provide in accordance with the procedures defined in this Ordinance.
Art. 26 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 27 Obtaining information with a flexible name search
1 Requests for types of information specified in Articles 35, 40, 42 and 43 may be complied with by carrying out a search that tolerates errors and finds phonetic matches (flexible name search). In this case, the suffix “FLEX” shall be added to the abbreviation for the relevant information request type: IR_5_NA_FLEX, IR_11_TEL_FLEX, IR_14_email _FLEX and IR_16_COM_FLEX. 2 The request for information shall in each case contain the first and at least one additional query criterion for the underlying information request type.
Art. 28 Types of surveillance
The types of surveillance are as follows: a. real-time surveillance: 1. of secondary telecommunications data in the case of network access services (Art. 54), 2. of content and secondary telecommunications data in the case of network access services (Art. 55), 3. of secondary telecommunications data in the case of applications (Art. 56 and 58), 4. by means of position determination by the network (Art. 56a and 56b), 5. of content and secondary telecommunications data in the case of applications (Art. 57 and 59); b. retroactive surveillance: 1. of network access services (Art. 60), 2. of applications (Art. 61 and 62), 3. by determining the location of the most recent activity (Art. 63), 4. by means of an antenna search (Art. 66) and the related preparations (Art. 64 and 65); c. the missing person search (Art. 67): 1. by determining the location of the most recent activity (Art. 67 let. a), 2. by means of position determination by the network (Art. 67 let. b and c), 3. by means of real-t
Art. 28 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Section 2 Quality Assurance
Art. 29 Quality of the data transmitted
1 The quality of the data transmitted is acceptable if: a. the data delivery meets the requirements specified by the FDJP; b. the data is delivered without loss of data and without interruptions; and c. the transmitted surveillance data or information data correspond to that specified in the surveillance order or request for information. 2 The persons or entities required to cooperate are responsible for the quality of the transmitted information and surveillance data up to the point of delivery. 3 If a provider or the PTSS identifies any defects in the quality of the data transmitted, they shall inform each other without delay. The PTSS shall determine the seriousness of the defects and the procedure for their rectification after consulting the provider. The provider and the PTSS shall inform each other regularly and promptly about the status of the rectification of defects.
Art. 30 Test connections
1 The PTSS may make test connections; in doing so, it may work with the prosecution authorities and the FIS. The tests serve the following purposes in particular: a. assuring the quality of the data diverted to the PTSS and the prosecution authorities by the persons or entities required to cooperate; b. verifying the ability of the persons or entities required to cooperate to provide information and conduct surveillance; c. testing the PTSS processing system; d. training; e. generating reference data. 2 The PTSS may instruct the persons or entities required to cooperate to participate in generating the test data. The PTSS shall draw up a test plan after consulting the persons or entities required to cooperate. 3 The persons or entities required to cooperate shall provide the PTSS with the required test connections and the required telecommunications services or derived communications services at its request free of charge and permanently. They shall assist the PTSS in making the requir
Para. 3 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Section 3 Ensuring Ability to provide Information
Art. 31 Verifying ability to provide information and conduct surveillance
1 TSPs and PDCSs with more extensive information (Art. 22) or surveillance duties (Art. 52) shall in accordance with Article 33 paragraph 1 SPTA provide proof of their ability to provide information and conduct surveillance. 2 Proof is provided if: a. the tests that must be conducted in accordance with PTSS requirements have been successfully completed; and b. the provider confirms in a questionnaire drawn up by the PTSS it meets the requirements in relation to standardised information and surveillance activities that cannot be proven by testing. 3 The PTSS shall ensure that it conducts the verification process promptly and does not cause any delay in market introduction. To do so, it shall carry out the following tasks: a. It shall check the results of the tests in accordance with paragraph 2 letter a. b. It shall evaluate the questionnaire in accordance with paragraph 2 letter b. c. It shall keep a record of the test procedures. d. It shall issue the providers with confirmation in ac
Art. 32 Term of validity of the confirmation
1 The confirmation of ability to provide information and conduct surveillance is valid for three years. 2 On expiry of the term of validity, the PTSS may extend the confirmation by a further three years if the person or entity required to cooperate certifies that since confirmation was granted no modifications have been carried out that influence data delivery or the ability to provide information or conduct surveillance. 3 If a provider can no longer provide information or conduct surveillance, it shall notify the PTSS immediately.
Art. 33 Acceptance procedure
The FDJP shall regulate the procedure for verifying ability to provide information and conduct surveillance.
Art. 34 Declaration of invalidity of the confirmation of ability to provide information and conduct surveillance
The PTSS shall immediately declare a confirmation of ability to provide information and conduct surveillance that has already been issued to be invalid for the relevant types of information or surveillance if: a. the provider gives notice that it can no longer provide information or conduct surveillance; b. the provider is unable on two or more occasions to deliver data, provide information or conduct surveillance; c. the information on the provider that underlies the confirmation is untrue.
Section 4 Types of Information Requests for Networ
Art. 35 Information Request Type IR_4_NA: Information on subscribers to network access services
1 Information Request Type IR_4_NA comprises the following data about subscribers to network access services: a. if available, the unique subscriber identifier (e.g. customer number); b. in the case of mobile services: 1. the data on the natural person or legal entity in accordance with Articles 20–20b, 2. if available, additional addresses and contact data and their term of validity, and 3. in the case of natural persons, gender; c. in the case of the other network access services: 1. the identification data specified in Article 19, 2. if known, the details of the natural or legal entity, additional addresses and contact data and their term of validity, and 3. in the case of natural persons, gender; d. the following information about each network access service that the subscriber obtains from the provider: 1. the unique identifier for the provider (e.g. TSP number), 2. the main unique service identifier (e.g. user name, MSISDN, GPSI), 3. the period over which the service was used (st
Para. 1 let. b — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d let. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d let. 9 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2
Art. 36 Information Request Type IR_6_NA: Information on network access services
1 Information Request Type IR_6_NA comprises the following data about network access services: a. if available, the unique subscriber identifier (e.g. customer number); b. the following data about the requested services and any additional associated network access services: 1. the unique service identifier (e.g. user name), 2. if applicable, all identifiers associated with the service concerned (e.g. user name, MSISDN, GPSI) and their term of validity, 3. if available, the alternative subscriber identifier, and in particular in the case of a professionally operated public WLAN hotspot, an identifier that enables a request for the identification data in accordance with Article 19 paragraph 2 to be made, 4. the unique device identifiers in accordance with international standards (e.g. IMEI, PEI, MAC address) of the devices used in connection with the service for the devices used at the provider in connection with the service concerned in the last 6 months and, if available, the individua
Art. 36 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 37 Information Request Type IR_7_IP: Identification of the users in the case of uniquely assigned IP addresses
1 Information Request Type IR_7_IP comprises the following data for the purpose of identification if a unique IP address was not assigned: a. if available, the unique subscriber identifier (e.g. user name); b. the unique service identifier (e.g. user name, MSISDN, GPSI) of the network access service or an identifier that enables a request for the identification data in accordance with Article 19 paragraph 2 to be made; c. the unique identifier that indicates the provider of the network access service (e.g. TSP number). 2 The request for information shall contain the following information: a. the IP address; b. the date and time.
Para. 1 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. b — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 38 Information Request Type IR_8_IP (NAT): Identification of the users in the case of IP addresses that are not uniquely assigned (NAT)
1 Information Request Type IR_8_IP (NAT) comprises the following data for the purpose of identification if a unique IP address was not assigned (NAT ): a. if available, the unique subscriber identifier (e.g. user name); b. the unique service identifier (e.g. user name, MSISDN, GPSI) of the network access service or an identifier that enables a request for the identification data in accordance with Article 19 paragraph 2 to be made. 2 The request for information shall contain the information known about the requested NAT context: a. the public source IP address; b. if required for identification, the public source port number; c. if required for identification, the public destination IP address; d. if required for identification, the destination port number; e. if required for identification, the type of transport protocol; f. the relevant date and time, at the beginning, within or at the end of the NAT context.
Para. 1 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. b — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 let. f — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 39 Information Request Type IR_9_NAT: Information on NAT contexts
1 Information Request Type IR_9_NAT comprises the following data on a specific NAT context for the purpose of identification in connection with a NAT procedure at provider level: a. the source IP address before or after the NAT translation; b. the source port number before or after the NAT translation. 2 The request for information shall contain the data known about the requested NAT context: a. the source IP address after or before the NAT translation; b. the source port number after or before the NAT translation; c. if required for identification, the public destination IP address; d. if required for identification, the destination port number; e. if required for identification, the type of the transport protocol; f. the relevant date and time, at the beginning, within or at the end of the NAT context.
Art. 39 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Section 5 Types of Information on Applications
Art. 40 Information Request Type IR_10_TEL: Information on subscribers to telephony and multimedia services
1 Information Request Type IR_10_TEL comprises the following data about subscribers to telephony and multimedia services: a. if available, the unique subscriber identifier (e.g. customer number); b. in the case of mobile services: 1. data on the natural person or legal entity in accordance with Articles 20, 20a and 20b, 2. if available, additional addresses and contact data and their term of validity, and 3. in the case of natural persons, gender; c. in the case of the other telephony and multimedia services: 1. the identification data specified in Article 19, 2. if available, data on the natural person or legal entity, additional addresses and contact details and their term of validity, and 3. in the case of natural persons, gender; d. the following data about each telephony and multimedia service obtained by the subscriber from the provider: 1. the unique identifier designating the provider (e.g. TSP number), 2. the unique main service identifier (e.g. telephone number, SIP URI), 3.
Para. 1 let. b — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d let. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d let. 6 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2
Art. 41 Information Request Type IR_12_TEL: Information on telephony and multimedia services
1 Information Request Type IR_12_TEL comprises the following data about telephony and multimedia services: a. if available, the unique subscriber identifier (e.g. customer number); b. the following data about the requested services and any additional associated telephony and multimedia services: 1. if applicable, public addressing resources (e.g. MSISDN, SIP URI, TEL URI) and private addressing resources (e.g. IMPI) associated with the service concerned and their term of validity, 2. the unique device identifiers in accordance with international standards (e.g. PEI) of the devices used in connection with the service concerned from the provider in the last 6 months and, if available, the names of the devices, 3. if applicable, the ICCID of all SIMs associated with the service concerned and their term of validity, the PUK and PUK2 codes, the IMSI or the SUPI, the MSISDN or the GPSI and the eUICC-ID, 4. in the case of a multi-device offer: information on whether the device is the main dev
Art. 41 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 42 Information Request Type IR_13_EMAIL: Information on subscribers to E‑Mail-services
1 Information Request Type IR_13_EMAIL comprises the following data about subscribers to email services: a. if available, the unique subscriber identifier (e.g. customer number); b. the identification data specified in Article 19 and, if known, the data on the natural person or legal entity, additional contact data and the gender of the natural person; c. the following information about each email service that the subscriber obtains from the provider: 1. the unique identifier that indicates the provider of the service, 2. the unique service identifier (e.g. email address, user name), 3. the period over which the service was used (start, first activation and if applicable, termination), 4. if applicable, the list of all additional addressing resources (e.g. alias address) that pertain to this service, 5. if applicable, the list of all addresses, to which messages addressed to the requested address are forwarded (e.g. mailing list), 6. the name of the service; d. if applicable, the addit
Para. 1 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c let. 6 — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. d — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 let. g — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023
Art. 43 Information Request Type IR_15_COM: Information on subscribers to other telecommunications or derived communications services
1 Information Request Type IR_15_COM comprises the following data about subscribers to other telecommunications or derived communications services (e.g. messaging services, communications services in social networks: a. if available, the unique subscriber identifier (e.g. customer number); b. the identification data specified in Article 19 and, if known, data on the natural person or legal entity, additional contact data and the gender of the natural person; c. the following data about each additional telecommunications service or derived communications service that the subscriber obtains from the provider: 1. the unique identifier that indicates the provider, 2. the unique service identifier (e.g. user name), 3. the period over which the service was used (start, first activation and if applicable, termination), 4. the statuses of the service as designated internally by the provider (e.g. active, suspended, blocked) and their period of validity in each case, 5. the list of other addres
Para. 1 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. c let. 6 — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 2 let. g — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). P
Section 6 Further Types of Information
Art. 44 Information Request Type IR_17_PAY: Information on the method of payment used by subscribers to telecommunications and derived communications services
1 Information Request Type IR_17_PAY comprises the following data about the method of payment used by subscribers to telecommunications and derived communications services: a. the unique identifier that indicates the provider; b. the unique subscriber identifier (e.g. customer number); c. the unique identifier that the provider has assigned to the subscriber for accounting or billing purposes; d. the unique service identifier (e.g. telephone number, SIP URI, user name); e. the method of payment (debit, bank transfer or prepaid); f. the account information that the subscriber has given to the provider, consisting of the name of the bank, account holder and IBAN (or BIC and account number) or national bank number and account number; g. the billing addresses (house number, street, PO box, postcode, place, country) and their period of validity (start and if applicable, termination). 2 The data specified in paragraph 1 must be supplied if the provider has it. 3 The request for information s
Para. 1 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 1 let. f — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 3 let. c — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 3 let. d — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 3 let. f — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023
Art. 45 Information Request Type IR_18_ID: Proof of identity
1 Information Request Type IR_18_ID comprises the provision of an electronic copy of the subscriber’s identification document recorded in accordance with Article 20a paragraph 4. 2 The request for information shall specify the period and subscriber or service identifier, ICCID, IMSI or SUPI or, if applicable, device identifier to which it relates.
Art. 45 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 46 Information Request Type IR_19_BILL: Copy of invoice
1 Information Request Type IR_19_BILL comprises the provision of electronic copies of all available billing records pertaining to the subscriber, not including secondary telecommunications data on telecommunications services and derived communications services. 2 The request for information shall specify the period and unique subscriber or service identifier or unique identifier for accounting or billing to which it relates.
Para. 1 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 47 Information Request Type IR_20_CONTRACT: Copy of contract
1 Information Request Type IR_20_CONTRACT comprises the provision of electronic copies of all available contract documents pertaining to the subscriber to telecommunications services and derived communications services. 2 The request for information shall specify the period and subscriber or service identifier, ICCID, IMSI or SUPI or, if applicable, the device identifier to which it relates.
Art. 47 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 48 Information Request Type IR_21_TECH: Technical data
1 Information Request Type IR_21_TECH comprises the provision of technical data relating to telecommunications systems and network elements at the requested location, in particular the location data for mobile radio cells and professionally operated public WLAN hotspots. 2 The location data comprise: a. the identifiers of network elements (e.g. cell or geographical area identifier) or another suitable designation (e.g. hotspot name)) and the geographical coordinates or other details of the location in accordance with international standards; b. the available postal address of the location; c. if applicable, the main directions of emission of the antennae of the cells; d. other available location features; and e. if applicable, the associated timestamps. 3 The request for information shall specify the period to which the request relates. It shall contain at least one of the following query criteria: a. the geographical coordinates of the requested location of the network element; b. the
Art. 48 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 48a Information Request Type IR_51_ASSOC_PERM: Information on identifiers assigned on a long-term basis
1 Information Request Type IR_51_ASSOC_PERM comprises the provision of all identifiers (IMPU and IMPI) that are or were assigned to the requested identifier (IMPU or IMPI) at the relevant point in time for the provision of a specific telephone and multimedia service, and the term of validity of this assignment. 2 The request for information shall specify the relevant point in time, the requested identifier and its type (IMPU or IMPI).
Art. 48a — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 48b Information Request Type IR_52_ASSOC_TEMP: Immediate information on identifiers assigned on a short-term basis
1 Information Request Type IR_52_ASSOC_TEMP comprises the provision of the permanent identifiers (e.g. SUPI) that are assigned to the requested temporary identifiers (e.g. SUCI, 5G-GUTI) at the time that the provision of a specific telecommunications service is requested. 2 The request for information shall specify the requested temporary identifiers and the associated mobile area.
Art. 48b — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 48c Information Request Type IR_53_TEL_ADJ_NET: Determination of the adjacent networks in the case of telephony and multimedia services
1 Information Request Type IR_53_TEL_ADJ_NET comprises, if applicable, the determination and provision of the name of the networks directly adjacent to a communication or an attempt at communication in the case of telephony and multimedia services (e.g. Inter-Operator-Identifier, IP-address). 2 The request for information shall specify the communication or attempt at communication to which the request relates. It shall contain the following query criteria: a. the time of the communication or attempt at communication; b. the addressing resources to which the communication or attempt at communication was addressed; and c. if available, the addressing resources for the origin of the communication or the attempt at communication.
Art. 48c — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Section 7 General Provisions on Telecommunications
Art. 49 Order to conduct telecommunications surveillance
1 The surveillance order submitted to the PTSS shall contain the following data: a. the contact data of the ordering authority; b. the contact data of the authorised persons envisaged as recipients of the surveillance data; c. if known, the surname, first name, date of birth, address and occupation of the person to be placed under surveillance; d. the reference numbers and case names for the surveillance activities; e. the reason for surveillance, in particular the offence to be investigated by means of surveillance; f. the names of the persons or entities required to cooperate; g. the types of surveillance ordered or the type of special surveillance; h. the identifiers subject to surveillance (target ID); i. if necessary, an application for general authorisation for the surveillance of several connections without authorisation in specific cases (Art. 272 para. 2 and 3 CrimPC or Art. 70c para. 2 and 3 MCPC); j. the starting date and the duration of the surveillance; k. in the case of p
Art. 50 Surveillance duties
1 Each TSP, with the exception of those with reduced surveillance duties (Art. 51), and each PDCS with more extensive surveillance duties (Art. 52) must be able to conduct the surveillance activities in Sections 8–12 of this Chapter (Art. 54–69) that relate to services that they provide, or they must be able to arrange for third parties to conduct the surveillance. PDCSs with more extensive surveillance duties are not required to conduct the types of surveillance in Articles 56a, 56b, 67 letters b and c and 68 paragraph 1 letters b and c. 2 The provider shall ensure its ability to conduct telecommunications surveillance from the commercial launch of a service provided to customers. 3 It shall ensure that it can accept surveillance assignments outside normal working hours in accordance with Article 10 and can conduct them or arrange for third party to do so in accordance with the FDJP requirements. 4 It shall guarantee that within the period specified in the surveillance assignment surv
Para. 1 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 4 — Term in accordance with No 1 para. 2 of the FA of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). This amendment is made in the provisions specified in the AS. Para. 5 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 6 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 7 — Inserted by No I of the O of 1
Art. 51 TSPs with reduced surveillance duties
1 At the request of a TSP, the PTSS shall declare it to be a TSP with reduced surveillance duties (Art. 26 para. 6 SPTA) if it: a. only offers its telecommunications services in the field of education and research; or b. meets neither of the following criteria: 1. surveillance assignments for 10 different surveillance targets in the past 12 months (effective date: 30 June), 2. annual turnover in Switzerland from telecommunications services and derived communications services of CHF 100 million in two successive financial years. 2 Article 22 paragraph 2 applies to the calculation of the values specified in paragraph 1 letter b. 3 TSPs with reduced surveillance duties are required to give written notice to the PTSS with supporting documents if they: a. no longer offer their services exclusively in the field of education and research; or b. achieve the value specified in paragraph 1 letter b number 2 for a second successive financial year; notice must be given within three months of the e
Art. 52 PDCSs with more extensive surveillance duties
1 The PTSS shall in a ruling declare a PDCSs to have more extensive surveillance duties (Art. 27 para. 3 SPTA) if it has met one of the following criteria: a. surveillance assignments for 10 different surveillance targets in the past 12 months (effective date: 30 June); b. annual turnover in Switzerland of CHF 100 million in two successive financial years, provided a large part of its business operations is providing derived communication services, and 5000 subscribers use the provider’s services. 2 Article 22 paragraphs 2–5 apply mutatis mutandis.
Art. 53 Access to the installations
1 The persons or entities required to cooperate that must allow the PTSS or the third parties that it instructs access to its installations and shall allow the PTSS or the third parties access to buildings, devices, lines, systems, networks and services to the extent that this is required for surveillance or for making test connections. 2 They shall make existing means of network access to public telecommunications networks available free of charge. By agreement with the PTSS or the third parties that it instructs, they shall provide new means of network access at the expense of the PTSS to the extent that this is required for surveillance.
Art. 53 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Section 8 Types of Real-Time Monitoring of Network
Art. 54 Surveillance Type RT_22_NA_IRI: Real-time monitoring of secondary telecommunications data in the case of network access services
1 Surveillance Type RT_22_NA_IRI comprises the real-time surveillance of a network access service in the mobile communications sector. 2 The following secondary telecommunications data of telecommunications traffic sent or received via the network access service under surveillance must be transmitted in real time: a. when access to the network is established or disconnected: the date, the time, the type of event and the technology and, if applicable, the reason for disconnection; b. the type of current access to the network; c. the AAA information used by the network access service under surveillance, in particular the subscriber identifiers and the associated IMSI or SUPI; d. the IP addresses assigned to the network access service and the associated terminal devices under surveillance and the date and time of each assignment; e. the available addressing resources and identifiers of the network access service under surveillance, in particular the associated MSISDN or GPSI and the assoc
Art. 54 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 55 Surveillance Type RT_23_NA_CC_IRI: Real-time monitoring of content and secondary telecommunications data in the case of network access services
Surveillance Type RT_23_NA_CC_IRI involves the real-time surveillance of a network access service. The content of the telecommunication sent or received via the network access service under surveillance, and the related secondary telecommunications data in accordance with Article 54 paragraphs 2 and 3 must be transmitted in real time.
Section 9 Types of Real-Time Monitoring of Applica
Art. 56 Surveillance Type RT_24_TEL_IRI: Real-time monitoring of secondary telecommunications data for telephony and multimedia services
1 Surveillance Type RT_24_TEL_IRI comprises the real-time monitoring of a telephony and multimedia service and, if applicable, the real-time monitoring of converging services, in particular SMS, voice mail and RCS. 2 The following secondary telecommunications data of the telecommunication that is sent, processed or received via the services under surveillance must be transmitted in real time: a. the date and the time of logging-in and logging-out processes and their result; b. the AAA information used by the services under surveillance and the information on registration and subscription events and the corresponding responses, in particular the subscriber identifier (e.g. SIP URI, IMPI) and the IMSI in the case of mobile services or the SUPI and if applicable, the customer’s and server’s IP addresses and port numbers as well as details of the protocol used; c. the signalling information, in particular on the serving system, on subscriber status and on service quality; d. if applicable,
Art. 56 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 56a Surveillance Type RT_54_POS_ONCE: Immediate non-recurrent position determination by the network
1 Surveillance Type RT_54_POS_ONCE comprises in each case the immediate non-recurrent position determination by the network of all mobile terminal devices associated with the target ID. 2 Position determination shall be carried out by the network using an immediate positioning function in accordance with the FDJP regulations. 3 The following data shall be transmitted immediately: a. the MSISDN or GPSI, IMEI or PEI and IMSI or SUPI observed, at least one of these data, and any of the others if available; b. network identifier for the location service client and the timestamp of the position determined; c. in the case of successful position determination: the timestamp of the position and the following position data: 1. if available, the positioning method, 2. if available, data on the accuracy of the position, 3. the position in the form of: – geographical coordinates and if applicable the associated uncertainty values – polygons, with details of the geographical coordinates of each pol
Art. 56a — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 56b Surveillance Type RT_55_POS_PERIOD: Recurrent position determination by the network
1 Surveillance Type RT_55_POS_PERIOD comprises in each case the recurrent position determination by the network of all mobile terminal devices associated with the target ID. 2 Position determination shall be carried out by the network using a regular positioning function in accordance with the FDJP regulations. 3 The following data shall be transmitted immediately: a. the MSISDN or GPSI, IMEI or PEI and IMSI or SUPI observed, at least one of these data, and any of the others if available; b. network identifier for the location service client and the timestamp of the position determined; c. in the case of successful position determination, the timestamp of the position and the following position data: 1. the positioning method, 2. data on the accuracy of the position, 3. the position in the form of: – geographical coordinates and if applicable the associated uncertainty values – polygons, with details of the geographical coordinates of each polygon point or – other information in accord
Art. 56b — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 57 Surveillance Type RT_25_TEL_CC_IRI: Real-time surveillance of content and secondary telecommunications data in the case of telephony and multimedia services
Surveillance Type RT_25_TEL_CC_IRI comprises the real-time surveillance of a telephony and multimedia service and, if applicable, converging services, in particular SMS, voice mail and RCS. The content of the telecommunications traffic sent, processed or received via the services under surveillance, as well as the related secondary telecommunications data in accordance with Article 56 must be transmitted in real time.
Art. 58 Surveillance Type RT_26_EMAIL_IRI: Real-time monitoring of secondary telecommunications data on email services
Surveillance Type RT_26_EMAIL_IRI comprises the real-time surveillance of an email service. The following secondary telecommunications data on the telecommunications traffic sent, processed or received via the service under surveillance must be transmitted in real time: a. the date and the time of logging-in and logging-out processes and their status; b. the AAA information used by the service under surveillance, in particular the subscriber identifier and, if applicable, the alias address; c. the customer’s and server’s IP addresses and port numbers as well as details of the protocol used; d. the date, time, volume of data, email addresses of the sender and the recipient of the message and the IP addresses and port numbers of the sending and receiving email servers for the following events: 1. sending or forwarding of a message, 2. receipt of a message, 3. processing of a message in the mailbox, 4. downloading of a message from the mailbox, 5. uploading of a message to the mailbox.
Art. 59 Surveillance Type RT_27_EMAIL_CC_IRI: Real-time monitoring of content and secondary telecommunications data on email services
Surveillance Type RT_27_EMAIL_CC_IRI comprises the real-time surveillance of an email -service. The content of the telecommunications traffic sent, processed or received via the service under surveillance, as well as the related secondary telecommunications data in accordance with Article 58 must be transmitted in real time.
Section 10 Types of Retroactive Surveillance
Art. 60 Surveillance Type HD_28_NA: Retroactive surveillance of secondary telecommunications data in the case of network access services
Surveillance Type HD_28_NA comprises the retroactive surveillance of secondary telecommunications data of a network access service. The following secondary telecommunications data of the telecommunication that has been sent or has been received via the network access service under surveillance must be transmitted: a. the date and the time of the start and if applicable the end or the duration or the session; b. the type and status of the network access; c. the identifier that was used for authenticating the user at the access point under surveillance, for example the user name; d. the IP address assigned to the target and their type or in the case of non-3GPP access the public source IP address for the secured connection of the target to the gateway and the associated source port number; e. the unique device identifier of the terminal device used by the target in accordance with international standards (e.g. MAC address, IMEI or PEI in the case of mobile services); f. the volumes of da
Art. 60 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 61 Surveillance Type HD_29_TEL: Retroactive surveillance of secondary telecommunications data relating to telephony and multimedia services
Surveillance Type HD_29_TEL comprises the retroactive surveillance of secondary telecommunications data of a telephony and multimedia service and, if applicable, converging services, in particular SMS, voice mail and RCS. The following secondary telecommunications data of the past telecommunications traffic in communications and communication attempts using the services under surveillance must be transmitted: a. their type, the date and time of the start and, if applicable, the end or their duration; b. the addressing resources (e.g. MSISDN, GPSI, E.164 number, SIP URI, IMPU) of all persons communicating with each other and their roles; c. the reason for the end of the communication or the communication attempt; d. in the case of mobile services: IMEI or PEI of the terminal device used by the target and the IMSI or SUPI of the target; e. if applicable, the type of carrier service; f. in the case of SMS and MMS: the information on the event, the type (only in the case of SMS) and the st
Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). let. b — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). let. d — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). let. g — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). let. gbis — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). let. i — Amended by No I of the O of 15
Art. 62 Surveillance Type HD_30_EMAIL: Retroactive surveillance of secondary telecommunications data in the case of email services
Surveillance Type HD_30_EMAIL comprises the retroactive surveillance of secondary telecommunications data of an email service. The following secondary telecommunications data of the past telecommunication sent, processed or received via the service under surveillance must be transmitted: a. the date, the time, the type of event, the subscriber identifiers, if applicable the alias address, the sender and recipient addresses, the protocol used, the IP addresses and port numbers of the server and the client, and, if applicable, the delivery status of the message in the case of the following events: sending, receipt, mailbox log-in, mailbox log-out and in the case of the following events, if available: downloading, uploading, deletion, processing, addition of a message; b. the IP addresses and names of the sending and receiving email servers.
Art. 62 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 63 Surveillance Type HD_31_PAGING: Determination of the location of the most recent activity
1 Surveillance Type HD_31_PAGING comprises the determination of the location of the most recent activity detectable by the mobile telephony provider (network access services, telephony and multimedia services) for all mobile terminal devices associated with the target ID of the person under surveillance. 2 The following data shall be transmitted: a. the MSISDN or the GPSI; b. the IMSI or the SUPI; c. if available, the IMEI or der PEI; d. the type of network access point technology; e. if applicable, the frequency band; f. the unique identifier for the mobile network; g. the date and time of the most recent detectable activity for network access services and telephony and multimedia services; and h. the location data in accordance with the applicable FDJP regulations.
Art. 63 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 64 Surveillance Type AS_32_PREP_COV: Network coverage analysis in preparation for an antenna search
1 Surveillance Type AS_32_PREP_COV comprises the network analysis in preparation for an antenna search in accordance with Article 66. It is carried out by the TSPs and serves to identify the mobile radio cells or public WLAN hotspots that most probably cover the location described by the ordering authority in the form of geographical coordinates or by means of postal address, if applicable taking account of additional information (e.g. time of day, weather, day of the week, location within or outside of a building). 2 TSPs shall supply the PTSS with a list of cell or geographical area identifiers of the mobile radio cells identified and the identifiers (e.g. BSSID) or other suitable designations (e.g. hotspot name) of the professionally operated public WLAN hotspots identified.
Para. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 65 Surveillance Type AS_33_PREP_REF: Reference communications or instances of reference network access in preparation for an antenna search
1 Surveillance Type AS_33_PREP_REF comprises the identification of mobile radio cells or public WLAN hotspots on the basis of reference communications and instances of reference network access in preparation for an antenna search in accordance with Article 66. 2 The ordering authority shall itself arrange for reference communications to be made and the reference network to be accessed at the relevant location and shall send the PTSS a list with the following related data: a. the type of communication or of access to the network; b. the date and the time of the communication or access to the network; c. the addressing resource of the telephony and multimedia service used or of the network access service; d. if applicable, the name of the mobile network used. 3 The PTSS shall instruct the TSPs, on the basis of the secondary telecommunications data relating to previous telecommunications traffic, to identify the mobile radio cells or public WLAN hotspots used in each case at the beginning
Para. 2 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685). Para. 3 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 66 Surveillance Type AS_34: Antenna search
1 Surveillance Type AS_34 comprises the retroactive surveillance of all communications, communication attempts and instances of network access that have taken place via a specific mobile radio cell or a specific public WLAN hotspot over a period of up to two hours. 2 The TSP shall supply the secondary telecommunications data resulting from paragraph 1 relating to previous telecommunications traffic in accordance with Article 60 and 61.
Para. 1 — The correction of 3 July 2018 relates to the Italian text only (AS 2018 2551).
Section 11 Missing Person and Wanted Person Search
Amended by No I 12 of the O of 4 May 2022 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2022 301).
Art. 67 Types of surveillance EP: Missing person search
The following types of surveillance may be ordered for a missing person search in accordance with Article 35 SPTA: a. Type EP_35_PAGING: determining the location of the most recent activity detectable by the mobile telephony provider of all mobile terminal devices associated with the target ID of the missing person or a third party; this type corresponds to Type HD_31_PAGING in accordance with Article 63; b. Type EP_56_POS_ONCE: the immediate non-recurrent position determination by the network of all mobile terminal devices associated with the target ID of the missing person or a third party; this type corresponds to Type RT_54_POS_ONCE in accordance with Article 56a; c. Type EP_57_POS_PERIOD: the recurrent position determination by the network of all mobile terminal devices associated with the target ID of the missing person or a third party; this type corresponds to Type RT_55_POS_PERIOD in accordance with Article 56b; d. Type EP_36_RT_CC_IRI: real-time surveillance of content and se
Art. 67 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 68 Wanted person search
1 The following types of surveillance may be ordered for a search for convicted persons in accordance with Article 36 SPTA; “wanted person search” must be indicated in the surveillance order as the reason for surveillance (Art. 49 para. 1 let. e): a. the location determination in the case of the most recent activity detectable by the mobile service provider of all mobile terminal devices associated with the target ID of the convicted person or a third party in accordance with Article 63; b. the immediate non-recurrent position determination by the network of all mobile terminal devices associated with the target ID of the convicted person or a third party in accordance with Article 56a; c. the recurrent position determination by the network of all mobile terminal devices associated with the target ID of the convicted person or a third party in accordance with Article 56b; d. any of the types of real-time surveillance of the content and secondary telecommunications data of network acces
Art. 68 — Amended by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 68a Surveillance Type ML_50_RT: Mobile phone localisation of suspected terrorists in real time
1 Surveillance Type ML_50_RT may be ordered for the mobile phone localisation of suspected terrorists in accordance with Article 23q paragraph 3 of the Federal Act of 21 March 1997 on Measures to Safeguard Internal Security. 2 It comprises the combination of real-time surveillance of the secondary telecommunications data required for mobile phone localisation in the case of mobile network access services, mobile telephony and multimedia services and, if applicable, convergent mobile services, in particular SMS, Voice Mail and RCS. 3 In the case of mobile network access services, the secondary telecommunications data from telecommunications traffic in accordance with Article 54 paragraph 2 letters a–c, g and h and paragraph 3 must be transmitted. 4 In the case of mobile telephony and multimedia services and convergent mobile services, the secondary telecommunications data from telecommunications traffic in accordance with Article 56 paragraph 1 letters a, b, d and e numbers 1 and 9 and
Art. 68a — Inserted by No I 12 of the O of 4 May 2022 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2022 301). Para. 1 — SR 120
Section 12 Off-Network Identifiers
Art. 69
Surveillance in accordance with Articles 56–59, 61 and 62 also includes telecommunication carried out via the services under surveillance that can be assigned to the target ID even if the identifier under surveillance is not administered by the provider given the assignment.