313.041 order information system in criminal matters of the Federal Customs Administration (OSIP-AFD) on 20 September 2013 (State on November 1, 2013) the federal Council Swiss, view the art. 110, al. 3, 112, al. 5, and 130 of the Act of March 18, 2005 on customs, view of art. 107 of the Federal law of March 22, 1974 on administrative penal law (DPA), view the art. 111 of the Act of 20 March 1981 on international criminal assistance, stop: Section 1 provisions general art. 1 purpose this order governs for the information system in criminal matters of the Federal Administration of the customs (information system): a. the authority and organization; b. the purpose and the content c. processing the data; d. people with access rights; e. the protection and security of data.
Art. 2 responsible authority Federal Administration of Customs (AFD) is responsible for the information system.
On behalf of the AFD, the federal Office of information technology and telecommunications (FOITT) is responsible for the technical implementation and exploitation.
Art. 3 regulation of treatment the AFD sets a regulation of treatment within the meaning of art. 21 of the Ordinance on 14 June 1993 to the Federal data protection act.
SR 235.11 Section 2 purpose and content of the article information system 4 aim of the information system information system should facilitate the execution of the following tasks within the jurisdiction of AFD: a. the finding and the prosecution of offences; (b) the granting of mutual legal assistance and national and international administrative assistance; c. the execution of sentences and measures as well as the subsequent perception of royalty; d. the Organization targeted surveillance and controls Customs; e. Summary visualization and statistical analysis of information in connection with criminal proceedings and mutual legal and administrative assistance procedures.
Art. 5 content of the information system information system contains data concerning: a. personal (name, first name, address, home, nationality, name of girl, aliases, date of birth, birthplace, place of origin, sex, marital status, profession, language, description, confession, name and first names of the father and of the mother, name and first name of the spouse or registered partner, phone numbers (mobile phone and fax, e-mail addresses, coordinated banking, Internet addresses, identification documents); b. legal persons and associations of persons (name, business name, legal form, address, seat, country, representatives or bodies, telephone, mobile phone and fax numbers, e-mail addresses, coordinated banking, Internet addresses, identification number of enterprises); c. defenders (name, names, address or domicile of notification in Switzerland); d. suspicions indictments or sentences; e. offences (place, date and time of the offence, the nature of the offence, the constituent elements of the offence, type of plan, kind of traffic, types of goods, means of transport used and plates of control, hiding places, designation and goods tariff numbers, country of origin, shipping, origin or destination, place of destination); f. evidence and objects sequestered; g. Requests administrative assistance and mutual legal assistance (requesting authority (, date, object of the claim, nature measures); h. the conduct of criminal proceedings (preliminary investigation procedures and investigative procedures, execution) and administrative assistance and mutual legal assistance procedures; i. decisions (date and type of decision, date of entry into force) j. perception and the payment of royalties, fees, fines, penalties and collateral, as well as the enforcement of sentences imposed in conversion of fines and custodial sentences; k. involved personnel; l. the Controls business and delays; Mr. records (file number, status, reference to other folders).
Section 3 data art. Principle 6 the data stored in the information system can be viewed and dealt with in the framework (art. 4).
The information system is used exclusively by the AFD.
No networking with systems outside of AFD is allowed.
Art. 7 processing of data in an external analysis system data from the information system may, for purposes of analysis, be transferred to and processed in an external system. Such a mandate can be executed only by authorized specialists of sections customs anti-fraud, command of the border guard, of the risk analysis section or the criminal division of the Directorate General of Customs (DGD).
Data transfers that go beyond simple visualization needs the approval of the Advisor to the protection of the data of the AFD.
The data transferred in an external system must be preserved and removed in accordance with the art. 16 and 17.
AFD rule details in the regulation of treatment.
Art. 8 data exchange with other systems of information the automated exchange of data with information systems finance and accounting referred to in Annex A 2 of the order of 4 April 2007 on the treatment of personal data in the Federal Customs Administration is admitted.
SR 631.061 art. 9 statistics information system data can be used for statistics, especially in view of the internal control and planning of business as well as analyses in terms of smuggling. If the statistics are published, the data must be made anonymous.
Section 4 people with rights of access art. 10 customs offices of Customs offices (civilian Customs offices, offices of the border guard service) can process the data in a folder they opened themselves as long as they are qualified to do this.
If the jurisdiction to deal with the case is passed to a higher office, customs offices may, to find and prosecute offences falling within the jurisdiction of AFD (art. 4, let a), consult the data referred to in art. 5, let. a, b, d, f, j and m, on the basis of the identity (name, matched or not of the name or date of birth), control or file number plate.
In the files they have opened themselves, customs offices may, to find and prosecute offences falling within the jurisdiction of AFD (art. 4, let a), consult the data referred to in art. 5, let. a, b, d to f and m, on the basis of the identity (name, matched or not of the name or date of birth) or the control plate.
Customs offices can more than consult data: a. during two years after the closure of the proceedings if criminal proceedings dismissed or ended without a conviction; b. for two years from the closure of the proceedings if the criminal procedure was ended by the conviction to a fine of 500 francs at most; c. for five years from the end of the procedure if the procedure criminal was ended by the conviction to a fine of 500 francs or a custodial sentence.
Art. 11 sections against customs fraud and criminal cases of the DGD division sections anti-fraud customs districts and criminal cases of the DGD division can view and process all the data.
Art. 12 assistance service, control and maintenance the AFD sets up a service of assistance and control for the information system.
Service assistance and control and administrative services or which is the verification of the respect of data protection requirements may process all the data in the information system, insofar as this is necessary for their assistance and control tasks.
The FOITT employees responsible for maintenance work can process data in the information system, provided that: a. it is absolutely necessary to their maintenance work; (b) the security of the data is guaranteed.
Art. 13. other services of AFD AFD services can, on the basis of the identity (name, matched or not of the name or date of birth) or plate of control, consult the data referred to in art. 5, let. a, b, d, g and m, as far as this is necessary for the performance of their tasks in the framework defined in art. 4, let. a and b.
Section 5 Protection and security of data art. For criminal proceedings which are not pending, 14 rights of the persons concerned the rights of the persons concerned, including their right to consultation, rectification and deletion of data governed by the provisions of the Federal law of June 19, 1992, on the protection of data and by the CCA.
For pending criminal proceedings, these rights are governed by art. 36 CCA on the consultation of the parts.
For administrative assistance requests, these rights are governed by the provisions of the Federal Act of 20 December 1968 on administrative procedure, for requests for mutual legal assistance by those of the Act of 20 March 1981 on mutual criminal assistance international.
RS 235.1 RS 172.021 art. 15 correct data
Inaccurate data and those that do not meet the requirements of this order must be automatically rectified or destroyed.
The service of assistance and control at art. 12 check the accuracy of the data.
Art. 16 conservation of data the data may be retained: a. during five years from the closing of the proceedings if criminal proceedings dismissed or ended without a conviction; b. for five years from the end of the procedure if the criminal procedure was ended by a conviction to a fine of 500 francs at most; c. for ten years from the end of the procedure if the criminal procedure has ended by the conviction to a fine of more than 500 francs or to a custodial sentence; d. during the validity of the Act of default of property if the criminal proceedings ended with an act of default of property; (e) five years from the transmission of data for administrative assistance and mutual legal assistance procedures.
When the royalties were not yet fully paid upon the closing of the criminal procedure, the deadlines prescribed in the al. 1 begin to run until after the close of the subsequent collection procedure.
When special reasons order, especially in the case of risk of recurrence, the retention period can be doubled by the criminal actions of the Directorate General of Customs division.
Art. 17 archiving and destruction of data delivery of data from the information system at the Federal Archives is governed by the provisions of the Federal law of June 26, 1998 on archiving.
After the Federal Archives, the data is destroyed. The data that are not given to the Federal Archives are destroyed at the end of the retention period.
The provision of data to the Federal Archives may be in electronic form.
SR 152.1 art. 18 data security are applicable to the guarantee of the security of the data art. 20 and 21 of the Ordinance on 14 June 1993 to the Federal law on data protection and the provisions of the Ordinance of December 9, 2011 on computing and telecommunications in the Federal Government.
Data, programs and corresponding documentation must be protected against any unauthorized treatment and destruction and subtraction. They need to be replenished.
The transmission of data must take place in form encrypted during the entire process.
Access to the information system must be set for each user by an individual user profile, so that a person can use the information system within its jurisdiction.
The processing of the data must be subject to an automated Protocol.
SR 235.11 RS 172.010.58 Section 6 provisions final art. 19 repeal of another act of 6 March 2000 Ordinance to the information system of the Federal Administration of the customs in respect of criminal cases is repealed.
[RO 2000 1127, 2004 4559, 2007 1469 Appendix 4 c. 5]
Art. 20 transitional provisions existing data collections to the prosecution and judgement of offences by the AFD are transferred to the new information of the AFD system.
To ensure the security of the data, the existing data collections can be retained for five years after the transfer. The data must then be destroyed.
After the transfer in the information system, this order also applies to data entered under the old provisions.
Art. 21 entry into force this order comes into force on November 1, 2013.
RO 2013 3361 RS 631.0 RS 313.0 RS 351.1 State on November 1, 2013