Rs 0.142.390 29 September 2005 Agreement Between The Swiss Federal Council, The Austrian Federal Government And The Government Of The Principality Of Liechtenstein Relating To Data Exchange In The Field Of Asylum

Original Language Title: RS 0.142.390 Accord du 29 septembre 2005 entre le Conseil fédéral suisse, le Gouvernement fédéral autrichien et le Gouvernement de la Principauté de Liechtenstein relatif à l’échange de données dans le domaine de l’asile

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0.142.390 Austrian translation agreement between the federal Council Swiss, the federal Government and the Government of the Principality of Liechtenstein relating to the exchange of data in the field of asylum found in Bregenz on September 29, 2005 approved by the Federal Assembly on June 22, 2007 entered into force for Switzerland by Exchange of notes on December 1, 2007 (State on December 1, 2007) the Swiss federal Council , the Austrian federal Government and the Government of the Principality of Liechtenstein (called below the Contracting Parties) eager to deepen their cooperation in the field of asylum, in accordance with the Convention of 28 July 1951 relating to the status of refugees, amended by the New York Protocol of 31 January 1967 (hereinafter referred to as Convention relating to the status of refugees) and in application of the principle of reciprocity in respect of the protection of data and in accordance with the provisions of their national law, have agreed on the following provisions: art. 1 definitions (1) for the purposes of this agreement, are considered 'data on asylum', information concerning applicants for asylum without nationality Austrian, Swiss or Liechtenstein.
(2) are considered to be 'asylum' within the meaning of para. 1, people who filed an application for recognition of refugee to the binding closing or the suspension of the proceedings.

Art. 2 purpose of the agreement on request, the competent services of the Contracting Parties reciprocally Exchange data in respect of administrative assistance, in accordance with the provisions of this agreement.

Art. 3 (1) data transmission the following personal data may be transmitted: family name, including name, sex, date of birth, place of birth, address, nationality, parents name, alias, identity documents, information concerning applications for asylum filed abroad and the status of the process, any data identifying or personal crucial or likely to be to justify the entry stay or detention for the purpose of expulsion.
(2) the data referred to in para. 1 can be transferred only if they are necessary for the application of the legal provisions of the Contracting Parties relating to the regulation of the issues of asylum and refugees.
(3) the data referred to in para. 1 shall be communicated to the service requiring immediately or within a maximum period of 20 working days.
(4) if the transmission of data within 20 days from the request is not possible, the requested contracting party informs, appropriately, the requesting Contracting Party of the reasons who are opposed.
(5) the transmitting Contracting Party and the applicant contracting party (or authorities) are required to record records the transmission, reception, and the eventual destruction of data. The motive, the content, the services senders and receivers as well as the date of transmission must be mentioned. Minutes must be kept for at least three years and can be used exclusively only to verify if data protection requirements have been met.
(6) the Contracting Parties are the reciprocal transmission of the information referred to in para. 1 in written form.
(7) a request for transmission of data does not empower the contracting party required to provide information not listed in art. 1 art. 4 assignment (1) the data referred to in art. 3, al. 1, communicated under this agreement may be used by the requesting contracting party for purposes other than those for which it was provided only with the written authority of the requested Contracting Party which forwarded. The eligibility of the granting of such an authorization is determined by the national law of the requested Contracting Party.
(2) the use of the data includes registration, modification, transmission, blocking, erasure and any other form of exploitation of data.

Art. 5 privacy and security of data (1) all of the data transmitted on the basis of this agreement are treated as confidential. They are subject to the principle of secrecy and they have the protection in force for comparable data according to the national law of the Contracting Party recipient.
(2) the recipient authorities are required to effectively protect data against destruction, loss, access, modification and communication incidental or unauthorized.
(3) the Contracting Parties shall ensure that, for the transmission of data, only be used means of communication guaranteeing protection appropriate against any unauthorized access or changes by third parties during transmission.

Art. 6 duty to rectification, erasure, destruction and information (1) the data referred to in art. 3, al. 1, transmitted on the basis of this agreement, must be erased by the requesting contracting party as soon as the conditions for their use are no longer met or that the data are no longer required to achieve the aim pursued.
(2) the requested Contracting Party is required to erase data if it turns out that the transmission or processing of such information by the transmitting Contracting Party were made in contradiction with laws or conventions of international law. The Contracting Parties inform each other when they have knowledge of such a case.
(3) the data referred to in art. 3, al. 1, must in all cases be deleted once it is established that the person concerned has obtained the nationality of one of the Parties or of one of the Member States of the Union European, Norway and Iceland included, or ten years after binding rejection, dismissal or withdrawal of an application for recognition of refugee status, an application for extension of asylum or any other form of closure of a procedure for asylum in accordance with the national legislation of Contracting Parties.
(4) the cancellation of the data referred to in art. 3, al. 1, by the requested Contracting Party involves the deletion of the data transmitted by the requesting contracting party. The requested Contracting Party shall immediately inform the requesting Contracting Party of any erasure of this nature.
(5) the sending authority is required to verify the accuracy of the data provided. During the transmission of data, it indicates to the requesting contracting party any specific retention periods that it is required to comply.
(6) if requested by the transmitting Contracting Party, the Contracting Party recipient education about any use of the data provided on the basis of this agreement.
(7) at his request, the interested person who proves their identity must be informed about the data, their origin, their purpose, the legal basis of the processing of data as well as their recipients. This information will be provided in a generally understandable form within a reasonable time, without delay unacceptable or fees excessive. The details are governed by the national legislation and procedures in force in the territory of the Contracting Party where the application was filed.
(8) if it turns out that personal data have been transmitted or processed without compliance with the requirements of this agreement or of national legislation, the person concerned may demand the deletion, correction or blocking of such information. In case it is not complied with his request, the person concerned must have a right to effective recourse to a court or another independent body.

Art. 7 competent bodies (1) the competent bodies for queries and the query processing on data to the senses of the art. 3, al. 1, are: for the Austrian federal Government: the Department of the Interior Section III/5, asylum and monitoring for the Confederation of Switzerland: the federal Department of justice and police, federal Office of migration, Section data exchange and identification for the Principality of Liechtenstein: the Office of foreigners and passport Section asylum and refugees, (2) the terms of contact with the competent bodies referred to in the al. 1 as well as changes are communicated to the Parties through the diplomatic channel.

Currently: Secretary of State for Migration (SEM) (see RO 2014 4451).

Art. 8 relationship with other agreements this agreement does not affect the rights and obligations of the Contracting Parties arising from other bilateral or multilateral agreements.

Made the proposal of the Liechtenstein with the approval of the Switzerland and the Austria.

Art. 9 final provisions (1) this agreement is concluded for an indefinite period. It can be changed or supplemented by mutual agreement.

(2) each Contracting Party shall notify through diplomatic channels to the two other Contracting Parties that the conditions laid down by its law for the entry into force have been met. This agreement comes into force for the Contracting Parties which sent the notification, the first day of the second month following the second notification of two Contracting Parties, specifying that the conditions laid down by its law for the entry into force have been met.
(3) each Contracting Party may denounce the present agreement in writing and through diplomatic channels. The denunciation is effective for the denouncing Contracting Party, the first day of the month following the month of receipt of this notification by the other Contracting Parties.
(4) the Contracting Parties helping in the application and interpretation of this agreement.
(5) each Contracting Party may require the meeting of experts of the different Contracting Parties in order to resolve issues related to the interpretation and application of this agreement and to submit proposals for the development of cooperation.
Made in Bregenz, on 29 September 2005, in three originals written in German language.

Scope on 26 October 2007 States parties Ratification entry into force Austria October 19, 2007 December 1, 2007 Liechtenstein January 23, 2006 December 1, 2007 Switzerland October 11, 2007 December 1, 2007 RO 2008 159 German original text.
2008-157-159 RO; FF 2006 5631 RS 0.142.30 RS 0.142.301 State on December 1, 2007

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