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Art. 70 Organisational, administrative and technical regulations
The FDJP shall issue the organisational, administrative and technical regulations on conducting post and telecommunications surveillance. In particular, it shall determine the deadlines within which the relevant data must be supplied.
Art. 71 Implementation
1 The PTSS shall provide electronic forms and interfaces to be used by those concerned. The forms and interfaces shall make it possible in particular for: a. the ordering authorities: 1. to submit a surveillance order to the PTSS, 2. to instruct the PTSS to grant or amend rights of access; b. the PTSS: 1. to instruct the persons or entities required to cooperate with conducting a surveillance measure, 2. to pass on a request for information to the persons or entities required to cooperate and to forward their answers to the requesting authority; c. the authorised authorities to submit a request for information to the PTSS. 2 The PTSS may at the appropriate time replace the electronic forms with online access to the Service’s processing system and introduce an electronic approval process for orders requiring approval. The electronic forms may continue to be used if online access to the processing system is impossible for technical reasons or if the processing system fails.
Art. 72 Repeal of another enactment
The Ordinance of 31 October 2001 on Post and Telecommunications Surveillance is repealed.
[AS 2001 3111; 2004 1431, 2021 Art. 7, 3383; 2006 4705 No II 77; 2007 4029; 2011 5955; 2016 4337 No II; 2017 4151 Annex 4 No II 11]
Art. 73 Amendment of other enactments
The ordinances below are amended as follows: …
The amendments may be consulted under AS 2018 147.
Art. 74 Transitional provisions
1 Surveillance activities ordered before this Ordinance comes into force shall continue unchanged. These activities shall be extended or terminated in accordance with the previous law applicable to those types of surveillance. 2 Test connections ongoing in accordance with the previous practice when this Ordinance comes into force shall be terminated. 3 TSPs that submit an application to the PTSS for categorisation as a TSP with reduced surveillance duties in accordance with Article 51 within three months of this Ordinance coming into force shall be deemed to be such from the date on which this Ordinance comes into force and for the duration of the procedure. The PTSS may revoke this categorisation for the duration of the procedure if approval of the application is unlikely. Article 51 paragraph 5 does not apply to TSPs previously required to report. 4 Within 3 months of this Ordinance coming into force, TSPs and PDCSs with more extensive duties to provide information in accordance with
Para. 7 — BBl 2015 3033
Art. 74a Transitional provision to the Amendment of 4 May 2022 relating to the mobile phone localisation of suspected terrorists
1 The PTSS shall adapt its processing system within 12 months of the replacement of the real-time system components of the processing systems in order to be able to conduct the mobile phone localisation of suspected terrorists in a standardised manner and record the same in the statistics. 2 The TSPs, with the exception of those with reduced surveillance duties (Art. 51), and PDCSs with more extensive surveillance duties (Art. 52) shall adapt their systems within 12 months of the replacement of the real-time system components of the processing systems in order to be able to conduct the mobile phone localisation of suspected terrorists (Art. 68a) in a standardised manner. 3 If the mobile phone localisation of suspected terrorists cannot yet be conducted in a standardised manner in accordance with Article 68a, providers shall instead conduct the types of surveillance specified in Article 54 and, if required, Articles 56 and 63. The PTSS shall pass on the data in accordance with Articles
Art. 74a — 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).
Art. 74b Transitional provision to the Amendment of 15 November 2023
1 TSPs shall be ready to provide the information in accordance with Articles 48a and 48c within 24 months of the Amendment of 15 November 2023 coming into force. 2 The TSPs, with the exception of those with reduced surveillance duties (Art. 51), must be able to provide the information in accordance with Article 48b in standardised form from the time at which their first commercial mobile network access point which conceals the permanent identifiers on the radio interface comes into operation. 3 They must be able to carry out the surveillance procedures in standardised form in accordance with Articles 56a and 67 letter b within 24 months of the Amendment of 15 November 2023 coming into force. 4 They must the implement the additional type of retroactive surveillance in accordance with Article 61 letter j within 24 months and ensure the saving of the data required therefor within 18 months of the Amendment of 15 November 2023 coming into force. 5 They must be able to carry out the surveil
Art. 74b — Inserted by No I of the O of 15 Nov. 2023, in force since 1 Jan. 2024 (AS 2023 685).
Art. 75 Commencement
This Ordinance comes into force on 1 March 2018.