Key Benefits:
On 14 April 2010 (State 1 Er January 2013)
The Swiss Federal Council,
See art. 106, para. 1, of the Federal Act of 19 December 1958 on Road Traffic 1 , given art. 79, para. 1, of the Federal Act of 20 March 1981 on accident insurance 2 , given art. 5, para. 1, and 7, para. 1, of the Act of 9 October 1992 on Federal Statistics 3 , given art. 7, para. 2, 16, para. 2, and 36, para. 1, of the Federal Law of 19 June 1992 on Data Protection 4 ,
Stops:
This order regulates the creation and operation of a centralized and automated road accident register, which is subdivided into:
1 The input registry is used to:
2 The scan registry is used to:
1 Introduced by c. I of the O of 30 Nov 2012, in force since 1 Er Jan 2013 ( RO 2012 7153 ).
1 The Seizure Registry is managed by the Federal Roads Office (OFROU), in collaboration with the cantons and the Damage Center of the Federal Department of Defence, Population and Sports Protection (DDPS Damage Center). 1
2 The analysis log is managed by the OFROU.
3 The OFROU is responsible for granting, amending and withdrawing access to entry and analysis records.
4 The Federal Office of Informatics and Telecommunications is responsible for:
1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
1 The authority that enters the data in the input registry verifies that the data is correct and complete. When data is found to be deficient or erroneous, it complements, corrects or destroys data.
2 The OFROU verifies that the data contained in the analysis log are complete and plausible. When data is revealed to be incomplete or erroneous, it complements, corrects or destroys data.
1 The OFROU makes available to the Federal Statistics Office and the Swiss Accident Prevention Office the data they need to carry out the tasks entrusted to them by the law; in advance, it makes these data anonymous and concludes Benefit agreements and data protection conventions.
2 The OFROU may make available data for its own analyses to the authorities, organisations and individuals concerned; in advance, it makes such data anonymous and concludes benefit agreements and conventions on the Data protection. It may also grant access to the data in the analysis register for the same purposes.
3 The data of the year made anonymous shall be made available to third parties only after their publication in the Swiss road accident statistics.
4 The provision of data for statistical or research purposes shall be governed by the relevant provisions of the Federal Law of 19 June 1992 on Data Protection, of the Ordinance of 14 June 1993 on Federal Law on the Data protection 1 , of the Act of 9 October 1992 on Federal Statistics and of the Order of 30 June 1993 concerning the implementation of the federal statistical statements 2 .
1 Services with access to the road accident register shall take the necessary technical and organisational measures to protect their data against any loss, unauthorised treatment or access and against theft. The OFROU ensures that the data provided under s. 5, para. 2, do not allow to infer the identity of the persons involved in the accident.
2 In order to ensure the security of the data, services with access to the road accident register are required to comply with the provisions of the Federal Data Protection Act of 14 June 1993 1 And the computer security section of the September 26, 2003 Order on Informatics in the Federal Government 2 .
3 When processing the data, any changes must be recorded automatically in a log with the user name and modification time.
4 The OFROU lays down a regulation governing the processing of data, including the structure, organisation and operation of the road accident register.
1 RS 235.11
2 [ RO 2003 3687 , 2007 3401 art. 22 al. 2, 2010 635 Annex c. 2, 2011 4491. RO 2011 6093 art. 29 al. 1]. See currently O of Dec 9. 2011 on Information Technology in the Federal Government (SR 172.010.58 ).
The OFROU establishes a standard statistics of road accidents every six months. It shall, in cooperation with the Federal Statistical Office, make it available to the competent cantonal authorities before opening it to the public in an appropriate form.
The following data can be entered in the input registry:
1 The competent cantonal police bodies shall seize the data referred to in Art. 8, let. A to d, for all traffic accidents that are the subject of a police report; they do so directly in the entry register or announce the data via a transfer directory.
1bis For all road accidents recorded by the military police, the DDPS damage centre shall record the following data directly in the entry register:
2 The OFROU defines with what indications and characteristics the data referred to in Art. 8, let. A to d must be entered or announced.
3 The relevant police agencies at the cantonal level and the DDPS Damages Centre shall seize or announce the data as they arise, but at the latest: 3
4 After February 20, the previous year's accident data can only be rectified or completed in consultation with the OFROU.
1 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
2 Introduced by ch. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
3 New content according to the c. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
1 Art. 5 A , para. 4, let. A, of the order of 23 August 2000 on the register of driving licences 1 Governs the recovery of FABER data. 2
2 Art. 7, para. 2, let. A, of the order of 3 September 2003 on the MOFIS register 3 Governs the resumption of data from the register of vehicles and vehicle owners (MOFIS).
1 The data referred to in s. 8, let. A to e, are transferred from the entry register to the analysis registry in an anonymous form or with nicknames.
2 The nicknames are:
3 Data concerning persons involved in an accident that were not driving a motor vehicle can only be transferred to the analysis register in an anonymous form.
1 Persons responsible for the seizure of traffic accidents under the cantonal police legislation shall have access to the following data from the entry register:
1bis The DDPS Damage Center has access to the following data from the entry registry:
2 The OFROU only has access to the entry register in order to perform the tasks set out in Art. 3, para. 1 and 3. It shall designate the person authorized to access the register for that purpose and his or her alternate.
3 The Federal Office of Information Technology and Telecommunications only has access to the entry register in order to perform the tasks set out in Art. 3, para. 4.
1 Introduced by ch. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
1 Every person has the right to request information about the data concerning him or her with the authority responsible for seizing them under s. 9.
2 The competent authority shall, subject to the right of the cantonal procedure, communicate the full data concerned free of charge within 30 days of receipt of the request; in principle, it shall communicate them in writing.
3 Any person may request that the erroneous data concerning them be corrected or withdrawn from the entry register.
1 The analysis registry contains the following data:
2 The recovery of data from the seizure register is governed by s. 11.
3 The personal identification number used in the FABER and the service number are invisible when processing the data in the analysis registry.
1 The OFROU has access to the analysis registry.
1bis The DDPS Damage Center has access to the following data from the Analysis Registry:
2 The cantons have access to the following data from the analysis register:
3 The Federal Office of Information Technology and Telecommunications only has access to the analysis register in order to perform the tasks set out in Art. 3, para. 4.
4 Third parties require authorisation from the OFROU, granted under the conditions of Art. 5, to access the analysis registry.
1 Introduced by ch. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
1 The OFROU may, for the purposes set out in Art. 2, para. 2, analyze the data or make it available to third parties for their own analysis.
1bis The DDPS Damages Centre may analyze the data for the purposes of s. 2, para. 2, let. B and d. 1
2 The cantons may analyse the data under Art. 16, para. 2.
3 The data from the analysis register may be cross-checked with the following data for the purposes of an in-depth analysis of the causes of accidents:
4 The data from the analysis register may be cross-checked with the following data for an in-depth analysis of the consequences and costs of accidents:
1 Introduced by ch. I of the O du 12 oct. 2011, effective from 1 Er Jan 2012 ( RO 2011 4945 ).
2 Introduced by ch. I of the O of 30 Nov 2012, in force since 1 Er Jan 2013 ( RO 2012 7153 ).
1 Art. 5 A , para. 4, let. B, of the order of 23 August 2000 on the register of driving licences 1 Governs the overlap with the FABER data.
2 Art. 7, para. 2, let. B, of the order of 3 September 2003 on the MOFIS register 2 Governs the overlap with the MOFIS data.
3 Art. 12, para. 2, of the order of 18 October 2000 on the ADMAS register 3 Governs the overlap with ADMAS data.
4 Access to the data of the information system for road and traffic management and the use thereof shall be governed by the following legal bases:
5 Art. 14 A The Federal Statistics Act of 9 October 1992 governs the overlap with the data of the SFO. 8
6 Access to the data of the service of centralisation of accident insurance statistics and the use of these data are governed by the decree of the DFI of 15 August 1994 on accident insurance statistics 9 . 10
Data collected in the context of traffic accident statistics pursuant to the annex to the order of 30 June 1993 on statistical surveys 1 Are included in the analysis registry.
The cantons may seize and announce under the old law road accident data until 31 December 2010.
1 This order shall enter into force on 1 Er June 2010, subject to para. 2.
2 Art. 7 comes into force on 1 Er January 2011.