362.0 order on the national part of the (N-SIS) Schengen information system and the MERMAID (order N-SIS) on 8 March 2013 (State October 1, 2015) the Federal Swiss Office, view of art. 355e of the penal code, view of art. 16 of the Federal law of 13 June 2008 on the (PSL) federal police information systems, stop: Chapter 1 purpose and definitions art. 1 purpose this rule order: a. the responsibility for national section of the Schengen information system (N-SIS), the N-SIS system architecture and management of the business and records system Office MERMAID; (b) the access rights and the skills of the authorities concerning the N-SIS; c. the Organization and tasks MERMAID Office; (d) the exchange of information by the Office SIREN; e. procedures , conditions, measures and the application of indicators of validity on reports of people and objects in the N-SIS; f. treatment and duration of retention of data; g. the rights of the persons concerned; h. the data security, the role of advisors to the protection of data and monitoring of the treatment of data.
It applies as long as the association to Schengen agreements have not otherwise.
The association to Schengen agreements are mentioned in annex 1.
Art. 2 definitions in the Ordinance, means: a. reporting, a block of data to the non-admission or a residence ban or the identification of a person or object that must be saved in the (SIS) Schengen information system or is already; b. outgoing report, a report which is seized and issued by the authorities Swiss; c. incoming report, a report which is seized and issued by the authorities of another State bound by one of the association agreements to Schengen (Schengen State); d. additional information, information that are not stored in the SIS, but who are in connection with reports and which are exchanged between offices MERMAID; e. complementary data, the data stored in the SIS and in connection with reports introduced in the SIS; f. third State, any State non-member of the Union (EU) or Association European free trade (EFTA); g. affixing of indicator of validity the marking of a report to that related to reporting not be carried out on the territory of the State author of the marking, or that the State implement a subsidiary measure; h. MERMAID, request for additional information required to the national entry (Supplementary Information REquest at the National Entry).
These ac. are mentioned in annex 1.
Chapter 2 responsibility, system architecture and management of business and the MERMAID art office files 3 liability of the system N - SIS the federal Office of police (fedpol) is responsible for the N-SIS.
It sets including the necessary measures to ensure the protection and security of data in a regulation of treatment.
The cantons are responsible, in their field, measures referred to in para. 2 art. 4 architecture of the system the N-SIS contains an inventory of the data blocks, which is a copy of the data blocks in the central system of the EU (national copy).
It communicates with the central system managed by the EU by an encrypted network.
The national copy is used particularly to automated procedure consultation.
The SIS data are processed through the N-SIS.
The N-SIS data are accessed by: a. system of computer searches of police (RIPOL) in accordance with art. 15 PSL; b. the central information system on migration (SYMIC) within the meaning of art. 1 of the Federal Act of 20 June 2003 on the common information system to the areas of the foreigner and asylum; c. by the system of management of business and the records of the Office SIREN; d. passengers (system API) information system referred to in art. 104A of the Federal law of December 16, 2005, on the foreign nationals.
The rules of treatment within the meaning of art. 3, al. 2, governs: a. cases in which data of the RIPOL, the SYMIC and management business and the files of the Office SIREN system is transferred to the N-SIS by an automated procedure; b. the automated transmission of data the RIPOL and SYMIC in business and Office SIREN records management system, particularly where multiple reports are recorded.
RS 142.51 introduced by no. 2 of the annex to the O Sept. 2. 2015, in effect since Oct. 1. 2015 (2015 3035 RO).
RS 142.20 art. 5 management system business and records management business and the files of the Office SIREN system ensures automated business follow-up. It allows to document the activity of the Office SIREN and manage documents and records established in connection with reports and exchange of information.
It contains the additional information exchanged and other information to a report, including information addressed to those transmitted by the Office SIREN or MERMAID Office by phone, by e-mail, by mail and by fax by these means.
The data processed in the system can be indexed according to the reports, the persons or objects. They can be connected to the N-SIS, the RIPOL and the SYMIC.
Fedpol establishes a settlement of treatment related to the system.
Rights of employees of fedpol, the federal Office of justice (FOJ) and the Secretariat of State for Migration (SEM) access and data processing of the records and the MERMAID Office management system are laid down in annex 2.
The name of the administrative unit has been adapted to 1 Jan. 2015 in application of art. 16 al. 3 o from 17 nov. 2004 on official publications (RS 170.512.1). This mod has been taken throughout the text.
Chapter 3 powers of the authorities in the N-SIS art. 6 authorities empowered to transmit communications to accomplish their tasks according to art. 16, al. 2, PSL, the following authorities are empowered to announce reports for dissemination in the SIS: has) the authorities referred to in art. 16, al. 4, let. a to j, PSL; b) cantonal judicial authorities, authorities of the estates and guardianship authorities, as long as they perform tasks that their responsibilities under art. 16, al. 2, let. c and d, PSL.
Art. 7 authorities with a right of access in order to accomplish the tasks set out in art. 16, al. 2, PSL, the following authorities have online access to the SIS data: a. at fedpol: 1. Legal Service: take the deportation to safeguard security inside and outside of the Switzerland in accordance with the art. 67, al. 4, and 68, al. 3, Aug, 2. the services responsible for the RIPOL: to control and issue reports of people and objects, 3. the services responsible for the correspondence with Interpol, the commitment Center and the Office SIREN: to accomplish their tasks in the field of the exchange of police information in the intercantonal and international levels and to control and issue reports of people, 4. the Federal Judicial Police 5. the Section Identity Documents and searches for missing people: to perform research related to the stay of persons and to process communications on stolen documents, lost or rendered invalid, 6. the service responsible for the management of the automatic identification of fingerprints (AFIS) system: to deal with identifying data, 7. the money laundering reporting Office.
(b) the public prosecutor of the Confederation: as part of its skills in the fight against crimes and international delicts and to prosecute offences under federal jurisdiction; c. to the FOJ: 1. the field of international mutual legal assistance branch: proceedings of international legal assistance under the Act of 20 March 1981 on mutual criminal assistance international 2. the central authority for international child abduction: as part of its tasks under the Convention of 25 October 1980 on the civil aspects of international child abduction;
d. the cantonal police and prosecution; e. at the Federal Customs Administration: 1. the border police, 2. the sections looking for directions to district and the Criminal Affairs Division of the Directorate General of Customs: as part of their tasks related to preliminary investigations, instructions, the criminal prosecution and the execution of sentences , as well as administrative assistance and international judiciary, 3. Customs services:-the Customs Inspection: to monitor and control the movement of people and goods - all other customs services: to monitor and control the movement of goods;
f. direction regarding Immigration and integration of the SEM:1. to check visa applications, to grant residence permits, to order and check the entry bans on the territory imposed on nationals of third States and to control and issue in the SIS for the purposes of non-admission, 2 reports. to systematically compare the data in the system API with those of the SIS in order to improve the border control and to fight effectively against illegal entry in the Schengen area and the illegal passage through the international airport transit area;
g. the Swiss representations abroad: to check the visa applications; h. the competent units of the Federal Intelligence Service for enforcement of the Federal law of 21 March 1997 instituting measures aimed at the maintenance of internal security (SIMA): to establish the place of residence of persons and the location of vehicles, in accordance with the tasks which imposed under SIMA; i. cantonal migration authorities : to check visa applications, to grant residence permits, to order and check bans and limitations of entry imposed on nationals of third States and to control and issue in the SIS reports for the purposes of non-admission; j. road traffic offices: to check if vehicles that are brought to them have been stolen, or if they are searched for evidence in criminal proceedings.
The rights of the authorities for access and treatment to the categories of reporting in the SIS are attached to annex 3, Chapter 1.
New content by clause 2 of the annex to the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3035 RO).
RS 142.20 RS 351.1 RS 0.211.230.02 new content by clause 2 of the annex to the O 2 sept. 2015, in effect since Oct. 1. 2015 (2015 3035 RO).
RS 120 Chapter 4 desktop MERMAID art. 8 Organization Fedpol manages the Swiss MERMAID Office under the provisions of the manual MERMAID (2013/115/EU implementing decision). It may issue further directions of organizational and technical that specify the tasks of the Office SIREN.
The Office SIREN is the interlocutor and the point of contact: a. of the various Swiss authorities; (b) the SIRENE offices and other authorities of the Schengen States responsible for collaboration on the SIS.
It provides a continuous 24 hours a day.
Implementing the Commission from 26 Feb 2013/115/EU decision. 2013 relative to the MERMAID manual and any other enforcement measures for the second generation Schengen information system (SIS II), OJ L 71 of the 14.3.2013, p. 1; modified by the decision of execution (EU) 2015/219, OJ L 44 of the 18.2.2015, p. 75.
New content according to section I of the O on Feb 25. 2015, in effect since Feb. 26. 2015 (2015 717 RO).
Art. 9 tasks the MERMAID Office performs the following tasks: a. as part of a report, it is responsible for the procedure of consultation with the Swiss authorities and the authorities of other Schengen States; (b) by order of the FOJ, it issues alerts for arrest for extradition purposes; c. it emits all reports of people, except for reports of the SEM for the purposes of non-admission or residence ban on nationals of States third; d. it checks outgoing reports including additional data, as well as additional information, by ensuring that they are eligible at the formal level, accurate, complete and up-to-date, with the exception of the reports of the SEM for the purposes of non-admission or residence ban on nationals of third States; e. on order of the FOJ, he did put an indicator of validity on incoming alerts for arrest for extradition purposes; f. it affix a valid indicator on the incoming reports about missing people and incoming reports for the purposes of discreet surveillance or control target; g. he affixes an indicator of validity on outgoing reports at the request of other offices MERMAID; h. on request of the signalante authority, it ensures the exchange of views according to art. 13, al. 4; i. on request of the signalante authority, he is exchanging opinions according to art. 40, al. 1; j. he receives, Exchange and maintains additional information; k. He advises and supports the Federal and cantonal authorities and international partners on issues related to the SIS l. it connects reports according to art. 14; Mr. it checks for the existence of multiple reports; n. conduct the applicable to cases of identity theft and comprehensive national reports in accordance with art. 42 Chapter 5 N-SIS Section 1 provisions general art. 10 condition for data issuing a report may be issued only if the data block is already in the SYMIC or the RIPOL.
Art. 11 data to individuals and objects stored in the SIS data are listed exhaustively in annex 3, Chapter 2 for reports of people, you have to enter all data in accordance with annex 3, Chapter 2, ch. 2.1, insofar as these are available. The following data are required: a. first and last names, possibly names at birth, old names or aliases; (b) date of birth; c. sex; d. reason for the alert; e. measure to resume.
In the case of reports of third-country nationals for the purposes of non-admission or prohibition of stay, he must also enter a reference to the decision which is at the origin of the report.
Art. 12 people through other channels of research reports alerts in the SIS and the exchange of information referring prevail always those that take place through Interpol or other international channels of research.
Art. 13 affixing of an indicator of validity Office SIREN asked the Office SIREN of the Schengen State which has issued the report to affix an indicator of validity on the report of a missing person or a person or object for the purposes of discreet surveillance or control target, where reporting is not compatible with: a. the Swiss law; (b) the obligations arising from international treaties; c. overriding national interests.
He requested that the report of a person for an arrest for purposes of extradition be accompanied by an indicator of validity where a ground for refusal of extradition may be asserted under applicable international treaties and that Swiss law does not allow extradition.
The indicator means that the action requested in the alert will not be executed in Switzerland.
If, in cases particularly urgent and serious, the Schengen State, which issued the report calls for enforcement of the measure, MERMAID Office must without delay provide the request to the authority responsible for reporting, which should reconsider his initial request to put a flag on the report.
Art. 14 reports linking the Office SIREN can connect two or more outgoing reports, if this is necessary on the operational plan.
A formal relationship has no effect on the course of action or on the shelf life of the reports linked together.
Linking does not change access rights.
The authorities cannot see relates unless they have a right of access to linked reports.
If a linking of reports made by another Member State is incompatible with Swiss law, or with the Switzerland's international obligations, the Office SIREN must take the necessary measures to ensure that the link is not accessible to the Swiss authorities.
Art. 15 exchange of information in accordance with the provisions of the manual MERMAID, MERMAID Office exchanges with other SIRENE offices and with the competent Swiss needed additional information as part of a report in the following cases: a. issuing a report; b. positive response to a question, with a view to take appropriate measures c. unable to take the necessary measures; d. issues related to the quality of the data; e. the compatibility and priority issues some reports; f. reports put through g. usurpation of the identity of a person; h. issues related to the application of the right to information; i. consultation procedures prior to the granting of a residence permit to nationals of a third State reported for purposes of non-admission or a residence ban or control if sufficient grounds to justify the withdrawal of the residence permit for third-country nationals with a residence permit valid in an EU State , but subject to an alert for the purposes of non-admission or departure.
Additional information exchange takes place exclusively in the present case. Art. 26 is reserved.
CF. note on art. 8, al. 1 section 2 Procedure art. 16 reports of people the authorities seized reports of people in the RIPOL and transmit to the Office SIREN all additional relevant information.
SEM enters the SYMIC reports prepared for the purposes of non-admission or departure and transmits to the Office SIREN all additional relevant information.
In urgent cases, the authorities referred to in para. 1 addressed directly to the Office SIREN.
The special procedures to the alerts for arrest for extradition purposes (arts. 24 and 25) are reserved.
Art. 17 reports of items authorities seized reports of objects in the RIPOL and forward them to the research field of objects and unsolved offences RIPOL. Reports of objects are immediately visible in the SIS.
If the conditions for reporting are met, the research field of objects and unsolved offences RIPOL emits the data and reporting remains. If the research field of objects and unsolved offences RIPOL returns the data to the signalante authority, reporting is immediately cleared.
The RIPOL emits automatically in the SIS reports of objects seized in the RIPOL through one of the following information: a. the register of automated vehicles and holders of vehicle (MOFIS), within the meaning of art. 104A of the Federal law of 19 December 1958 on road traffic; b. identity documents information system (ISA) within the meaning of art. 11 of the law of 22 June 2001 on identity documents; c. the information system on the travel documents (ISR) to the senses of the art. 111 Aug.
RS RS RS 142.20 Art. 143.1 741.01 18 procedure in the event of a positive response in Switzerland in case of positive answer to a question to a person or an object, the authority that queries the system immediately contacts the Office SIREN. She passes in writing all the necessary information related to reporting, including: a. personal data or the elements allowing the identification of the objects; (b) the time and circumstances of the questioning of the system; (c) the measures taken.
Upon request of the authority who made the mark, the Office SIREN asked additional information the Office SIREN of the State that issued the alert. It transmits to the authority conducting the interrogation additional information he had received and recommend regarding the measures to be taken.
It shall immediately inform the FOJ to the arrest of a person reported to the purpose of extradition.
It shall immediately inform the Legal Service of fedpol of a prohibition on entry pronounced according to the art. 67, al. 4, and 68, al. 3, nationals when a person reported for purposes of non-admission or residence ban is arrested.
RS 142.20 art. 19 procedure in case of positive answer abroad in case of positive answer abroad related to a report issued by the Switzerland, the MERMAID Office contact signalante authority and agrees with her on the measures to be implemented.
He asked if necessary the authority signalante of additional information and transmits them to the Office SIREN of the Schengen State which got the positive answer.
In the case of reporting for the purposes of non-admission or residence ban, making contact under para. 1 can be omitted if the measure in a report was taken.
Chapter 6 Categories of alerts Section 1 reports of third-country nationals for the purposes of non-admission or prohibition of living art. 20 condition the third-country nationals cannot be reported for purposes of non-admission or residence ban if an entry ban was imposed by an administrative or judicial authority.
Art. 21 reporting procedure the SEM records reports for the purposes of non-admission or prohibition of stay established against third-country nationals.
The reporting procedure under art. 16, al. 1, applies to the entry bans imposed by the Legal Service of fedpol in accordance with art. 67, al. 4, and 68, al. 3, Aug.
The SEM and the Legal Service of fedpol ensure that the MERMAID Office receives as soon as possible information related to the entry bans for the purposes of the exchange of additional information, no later than 12 hours after receipt of the request.
RS 142.20 art. 22 measures in case of a positive response to an interrogation at the border, the entrance in the territory is refused to the extent where the procedure provided for in para. 3 does not apply.
In case of a positive response to an interrogation in Switzerland, the authorities responsible for enforcement of the LEtr determine the course of action in the present case by virtue of the applicable provisions, provided that the procedure laid down in the al. 3 does not apply.
When nationals of third States who enjoy the free movement of persons under the agreement of 21 June 1999 between the Confederation of one hand and the European Community and its Member States, on the other hand, on the free movement of persons or the Convention on 4 January 1960 establishing the Association European of free trade are the subject of a report the MERMAID bureau consults the Schengen State which issued the alert in order to communicate without delay the reasons Swiss authorities that led to the report.
RS 142.20 RS 0.142.112.681 RS 0.632.31 Section 2 reports of people for arrest for purposes of extradition article 23 conditions reporting people to arrest for purposes of extradition cannot take place only: a. on the orders of the FOJ; (b) If a warrant of arrest, an act having the same force or an executory judgment exist.
Art. 24 reporting the FOJ procedure acts on written request of the prosecution, justice authorities or enforcement of cantonal or federal sentences.
It transmits the required information to the MERMAID Office for the issuance of the report.
If the SIREN bureau finds that documents related to reporting are incomplete or deficient, it shall immediately inform the FOJ.
The FOJ ensures that the Office SIREN can at any time consult the original documents for the purpose of exchanging information.
Art. 25 emergency if the report cannot be carried forward, the FOJ can also order it with the MERMAID Office by e-mail, fax or telephone.
In urgent cases outside office hours, the authority referred to in art. 24, al. 1, may directly apply to reporting to the Office SIREN.
If report demand is addressed directly to the Office SIREN, it contacts the FOJ and, at his request, issues reporting.
If the documents or data are missing or incomplete, the MERMAID Office contacts federal or cantonal authorities competent.
The written request and the corresponding documents must be forwarded to the FOJ no later than the next day, otherwise the report is deleted.
Art. 26 additional information the Office SIREN informs automatically, through the exchange of information, all the Schengen States of new reports of people issued for their arrest for purposes of extradition.
It sends the following to all Schengen States additional information as part of the issuance of the report: a. the authority making the request for arrest; b. the arrest warrant, the Act with the same strength or judgment entered in force and enforceable; c. the nature and characterization of the offence; (d) the description of the circumstances in which the offence was committed , including the time, place and degree of participation; e. If possible the consequences of the offence; (f) all other information referred to in annex 4 necessary or useful to provide reporting.
Only the information referred to in annex 4 may be passed.
Art. 27 conversion reports accompanied by an indicator of validity if a Schengen State asks that an indicator be affixed to an outgoing report, the Office SIREN transforms, in agreement with the FOJ, reporting of this State in a report to the research use of the place of residence of a person.
Section 3 reporting of missing persons art. 28 missing persons a person may be reported as: a. missing person to be arrested and placed under protection in the interest of its own protection or to prevent danger; b. deceased whose place of stay must be sought.
Art. 29 conditions a person may be reported as missing according to art. 28, let. a, only in the following cases: a. it must be committed under duress on the orders of a competent authority; b. it is minor.
Art. 30 measures the Office SIREN communicates the place of stay of the person concerned to the Schengen State, which issued the report. The place of residence of a major missing person cannot be disclosed without consent.
If a major missing person denies that its place of residence be communicated, the MERMAID Office tells only the Schengen State which has issued reports that the person was found.
If the SIREN Office receives a communication according to para. 1 or 2 another Office SIREN, it passes it to the authority signalante and request that the reporting may be blotted out.
People who are reported in accordance with art. 28, let. a, can be placed under protection and be prevented to continue their journey if the conditions for an internment under duress under Swiss law are met. Check in practice on a case-by-case if the conditions are met.
Minor missing persons can be placed under protection and be prevented to continue their journey if a detention under constraint conditions are not met, and that a person who has parental authority so requires.
Section 4 reports of persons sought for their participation in criminal proceedings art. 31 conditions reporting people for their participation in criminal proceedings cannot take place only upon request from an authority of prosecution or judicial authority.
Only the following people can be the subject of a report: a. witnesses; (b) the accused must appear before a criminal prosecution authority or a court in a criminal proceeding; c. the defendants or convicts to whom a criminal judgment, other documents or the beginning of a custodial sentence must be notified.
Art. 32 measure the Office SIREN communicates the place of residence or of stay of the person concerned to the Schengen State, which issued the report.
Section 5 reports of people and objects for the purposes of discreet surveillance or of target control art. 33 conditions can be reported for the purposes of discreet surveillance or of targeted control of persons, vehicles, boats, aircraft and containers.
The reporting of persons for the purposes of discreet surveillance or of target control is allowed if the federal or cantonal law provide for a criminal prosecution, to prevent risks to public safety or to preserve security inside or outside of the Switzerland and: a. There are concrete indications that the person concerned is preparing or commits an offence serious; forgotten the source. that the general assessment of a person, including the offences she has already committed, suggests that she will in the future commit serious offences; OUC. evidence suggests that a serious threat to internal and external security emanates from the person concerned.
The MERMAID Office informs the other Schengen States to issue a report within the meaning of para. 2, let. c. reporting vehicles, boats, aircraft and containers for the purposes of discreet surveillance or of target control is allowed only if the federal or cantonal law so provide and evidence indicate that there is a link with serious offences or with enormous threats in accordance with para. 2 are serious offences within the meaning of the al. 2 and 4 the offences referred to in art. 286, al. 2, of the code of criminal procedure.
RS 312.0 art. 34 measures the competent authorities can, through the Office SIREN, pass to the Schengen State, which issued the report the following information they have obtained during police checks: a. place, time or reason for control; b. route and destination; c. companions or people in the vehicle, boat or aircraft which there is every reason to believe that they are in relation to the person concerned; d. vehicle boat, aircraft or container used; e. transported objects; f. circumstances allowing to find the person or the vehicle, boat, aircraft or container.
An authority cannot transmit data if it can make itself discreet surveillance or the target control.
If it is not empowered to carry out targeted controls, information must be transmitted in the context of a discreet surveillance insofar as the authority is empowered to conduct discreet surveillance.
Section 6 reports on objects with a view to their seizure or the backup of evidence in criminal proceedings art. 35 conditions the following objects may be reported to their entry or the backup of evidence in criminal proceedings: a. vehicles an engine capacity greater than 50 cm, boats and aircraft; b. the trailers of unladen weight 750 kg, motorhomes, industrial equipment, outboard engines and containers; c. firearms; d. stolen blank documents misappropriated or lost; e. identification documents established on behalf of a stolen, misappropriated, lost or invalid, such as passports, identity cards, driving licences, residence permits and travel documents; f. papers of vehicle and the license plate stolen, misappropriated, lost or disabled; g. banknotes; h. Securities and payments stolen misappropriated, lost or invalidated, such as cheques, credit cards, bonds, stocks and shares.
Art. 36 measures in case of a positive answer to a question, the SIREN Office agrees with the Office SIREN of the Schengen State which has issued the report on the measures to be implemented. For this purpose, personal data may also be passed.
Chapter 7 data processing, data security and monitoring Section 1 treatment and conservation of data article 37 principle treatment only one authority that reported data in the SIS is allowed to change, to complete, to correct, update or delete them.
Make exception reports multiple controls by the MERMAID Office in accordance with art. 9, let. m, and additions made to the alerts in case of impersonation in accordance with art. 9, let. n. art. 38 treatment to others fine all treatment of information contained in a report used for other purposes than those for which it has been issued requires the agreement of the Schengen State which issued and must be in relation to a specific case.
The treatment is allowed only in one of the following cases: a. struggle against a grave and imminent danger to the security and public order; (b) existence of overriding factors related to homeland security; c. prevention of a serious offence.
Means serious offences within the meaning of para. 2, let. c, the offences referred to in art. 286, al. 2, of the code of criminal procedure.
RS 312.0 art. 39 data quality the signalante authority is responsible for the accuracy and timeliness of the data, as well as the legality of their introduction in the SIS.
If there are indications that data are incorrect or that they are not treated in accordance with the law, the Office SIREN must be informed immediately; referring documents must be sent to him.
For outgoing reports, as soon as the Office SIREN was informed that data are incorrect or have not been processed in accordance with the law, he immediately takes steps to adapt them. For incoming reports, it transmits information to the Schengen State, which issued the report within 10 days.
Art. 40 distinction between people with similar characteristics the MERMAID Office takes contact with the other SIRENE offices or with the signalante authority if it finds during the seizure or the issuance of a new report, a person with the same personal characteristics is already reported. It checks whether the same person.
If this check reveals that the person making the subject of the new report and the person already reported are one and the same person, the MERMAID Office implements the procedure in art. 41 if this verification reveals that he is two different people, the information necessary to avoid a wrong identification must be added to the new report.
Art. 41 multiple reports a person or object cannot be the subject of a single outgoing report.
If it appears, when you report a person or an object, it is already the subject of an outgoing report, the Office SIREN research priority reporting according to the MERMAID manual after consulting the authorities alert.
If it appears, when the description of a person, that it is already the subject of a coming report, the Office SIREN agrees with Office SIREN of the Schengen State which has issued the first report of the person on the registration of the new report.
If a Schengen State asks that an agreement is reached to determine what report should be issued, either his own, either a report coming out existing, SIREN is exchanging opinions in agreement with the signalante authority.
CF. note on art. 8, al. 1 art. 42 procedure to follow in cases of impersonation the SIRENE offices Exchange additional information when a person claims to not be the reported person. If it is clear from the checks that it is actually two different people, the MERMAID Office application that the personal data in question be deleted or that reporting be complemented by data about the person whose identity has been misused to the extent where she has given its express agreement.
Data concerning individuals whose identity has been usurped can be used for the following purposes: a. to distinguish the person whose identity has been usurped from the actually reported; b. allow the person whose identity has been misused to prove his identity and to establish that his identity has been misused.
In the case of persons whose identity has been usurped, only the following personal data may be entered and processed a. names and surnames, names at birth, former names and aliases; b. physical signs specific, objective and unalterable; c. date and place of birth; d. sex; e. photographs; f. digital fingerprints; g. nationalities; h. numbers and dates of establishment of identity documents.
The data referred to in para. 3 are deleted at the same time as the corresponding description or at the request of the person concerned.
Only the authorities having a right of access to the report in question can consult the data referred to in para. 3 art. 43 duration of reports of people reports of people should be deleted when their goal is achieved.
They are automatically deleted after three years. Reports of persons for the purposes of discreet surveillance or of target control are deleted automatically after one year.
The Office SIREN and, for reports concerning nationals of States third for the purposes of non-admission or departure, the SEM are notified automatically erasing programmed into the system with a notice period of four months.
Before automatic erasing of a report, the Office SIREN checks if an extension is necessary, in agreement with the authority through the reporting in the RIPOL.
A report may be extended when its purpose requires it. In this case, an individual assessment must be made; This last must be logged.
If prolonged, the al. 1 to 3 are applicable.
Art. 44 duration of objects objects reports reports must be deleted when their goal is achieved.
Reports of objects for the purpose of discreet surveillance or of target control are deleted automatically after five years at the most.
Reports of objects with a view to their seizure or the backup of evidence in criminal proceedings are automatically erased after 10 years at the most.
A report may be extended when its purpose requires it. In this case, an individual assessment must be made; This last must be logged.
If prolonged, the al. 1 to 3 are applicable.
Art. 45 shelf life of additional information additional information relating to specific or identifiable people must be deleted when the goal is reached.
They are removed no later than one year after the reports of the person concerned have been erased.
Regardless of the al. 2, the following data may be kept in the Confederation and the cantons information systems: a. data related to reports outgoing; b. data related to incoming reports in which measures have been taken.
In the cases referred to in para. 3, shelf life is based on the provisions relating to each information system.
Art. 46 prohibition to communicate data to third States and international organizations the data processed in the SIS should not be provided to third States or international organizations.
Art. 47 exchange of data with Europol and Eurojust, within the limits of its tasks, Europol has online access to data entered in the SIS in accordance with the art. 23, 32 and 34. The treatment of information obtained by the consultation of the SIS is subject to the agreement of the authority signalante. The treatment must be done in accordance with the provisions of the agreement of 24 September 2004 between the Swiss Confederation and the European police Office. Europol may request further information the Switzerland if it is the author of the report.
The national members of Eurojust and their assistants have access online, within the limits of their duties, to data entered in the SIS in accordance with the art. 23, 27, 30 and 34. If it is a consultation of the system by a national member of Eurojust in the SIS, there is a report emanating from the Switzerland, it shall inform the Switzerland. Information obtained as a result of this consultation may not be communicated to third countries or bodies with the consent of the authority signalante.
The users referred to in paras. 1 and 2 can see only the data necessary for the performance of their duties.
SR 0.362.2 art. 48 archive Fedpol offers Federal Archives for archival purposes have become useless or data intended to erase and documents related thereto, namely: a. data related to reports outgoing; b. data related to incoming reports in which measures have been taken.
The data and documents that the Archives consider without archival value is destroyed.
Art. 49 Statistics Office SIREN provides yearly statistics anonymised indicating the number: a. of reports for each category of reports; b. positive responses to questions for each category of reports c. access to the SIS; d. of reports which the duration of seizure.
The SEM and the Section N-SIS and international applications provide the data necessary for the compilation of the Statistics Office SIREN.
Statistics can be communicated to the EU bodies in the context of the duties of communication from the association to Schengen agreements.
These agreements are mentioned in annex 1.
Section 2 rights of the persons concerned art. 50 exercise of the right to information, rectification or erasure of data if a person wants to assert his right to information, rectification or erasure of data, it must prove its identity and make a written request to fedpol.
Fedpol treats the request after consulting the signalante authority. For requests related to incoming reports, it takes its decision after allowing the Schengen State, which issued the report to comment.
If a Schengen State invites the Office SIREN to pronounce on the right to information, rectification or erasure of data, the Legal Service of fedpol writes in collaboration with the authorities alert notice.
If a person files a request for information, must be informed within 30 days of receipt of the request. If the information cannot be provided within that period, the person must be informed. The information must be provided no later than 60 days after the filing of the application.
If a person files a claim for rectification or erasure of data, must be informed of the measures implemented at the latest three months after the filing of the application.
Art. 51 right to be informed in a decision of non-admission the nationals of third States which are the subject of a report for the purposes of non-admission or departure receive Office information referred to in art. 8 of the Federal law of June 19, 1992, on the protection of data (LPD).
The communication of information according to para. 1 is not necessary in the following cases: a. personal data have not been obtained from the national of the third State concerned and the information of the data subject proves impossible or involves a disproportionate effort; b. the national of the third State concerned already has the information; c. a restriction of the right to information in accordance with art. 9 LPD is scheduled.
RS 235.1 art. 52 damages liability for damage associated with the operation of the SIS is based on art. 19a to 19 c of the Act of 14 March 1958 on the responsibility.
RS 170.32 Section 3 data security, advisers to the data protection and monitoring of the treatment of data art. 53 data security data security is based on: a. the Ordinance on 14 June 1993 to the Federal data protection Act; (b) the order of 9 December 2011 on computing in the Federal Government; c. the directives of the Council of Informatics of the Confederation of September 27, 2004, concerning it security in the Federal Administration.
Fedpol fixed the organizational and technical measures planned to prevent unfair treatment of the data in the regulation of treatment referred to in art. 3, al. 2, and rule the automatic logging of treatment and consultation of data.
SR 235.11 SR 172.010.58 art. 54 Councillors to the data protection Advisor to the protection of the data of the federal Department of justice and police (FDJP) helps enforce the data protection provisions by coordinating the tasks of advisors to the protection of the data of the offices in the Department concerned.
Advisers to the protection of the data of the offices concerned shall: a. to inform the people responsible of the data processing; b. to train these people; c. to do the controls needed; d. to quickly fill the deficiencies noted; e. to report needs coordination at the FDJP data protection Advisor.
Art. 55 the cantonal protection authorities data processing monitoring data and the Federal data protection and transparency (FDPIC) cooperate actively within their respective jurisdictions and ensure oversight coordinated the processing of personal data.
The FDPIC particularly oversight over the treatment of the personal data contained in the SIS. He coordinates the tasks of monitoring with the cantonal data protection authorities.
In the performance of his duties, he works closely with the European controller of the data protection, which is the national interlocutor.
Chapter 8 provisions final art. 56 amendment of annexes the FDJP can adapt the annexes in accordance with the relevant departments.
Art. 57 repeal of the law in force the order of May 7, 2008 on the national part of the (N-SIS) Schengen information system and the Office SIREN is repealed.
[RO 2008 2229 4943 annex I 21 6305 ch. ch. 17, 2009 6937 annex 4 c. II 18.
Art. 58 entry into force this order comes into force on April 9, 2013.
Annex 1 (art. 1, para. 3) association to Schengen agreements the association to Schengen agreements include the following: a. agreement of 26 October 2004 between the Swiss Confederation, the European Union and the European Community on the association of the Swiss Confederation to the implementation, application and development of the Schengen (AAS); b. Agreement October 26, 2004, in the form of exchange of letters between the Council of the Union European and the Swiss Confederation concerning the committees which assist the Commission European in the exercise of its executive powers; c. Arrangement of September 22, 2011, between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation of these States in the work of the committees which assist the European Commission in the exercise of its executive powers in the field of the implementation the application and development of the Schengen acquis; d. agreement of December 17, 2004, between the Swiss Confederation, the Republic of Iceland and the Kingdom of Norway on the implementation, application and development of the Schengen and on the criteria and mechanisms for determining the State responsible for the review of an application for asylum made in Switzerland, Iceland or Norway; e. agreement of April 28, 2005, between the Swiss Confederation and the Kingdom of Denmark on the implementation, application and development of parts of the Schengen acquis based on the provisions of title IV of the Treaty establishing the European Community; f. the 28 February 2008 protocol between the European Union, the European Community, the Switzerland and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the agreement between the Swiss Confederation, the Union European and community European on the association of Switzerland to the implementation the application and development of the Schengen acquis.
RS 0.362.31 RS 0.362.1 RS 0.362.11 RS 0.362.32 RS 0.362.33 RS 0.362.311 1 October 2015 annex 2 State (art. 5, para. 5) rights of access and treatment for the management system of business and the MERMAID levels of access office files = ConsulterB = Traitervide = no access abbreviations of authorities fedpol I with the federal Office of police: Service juridiquefedpol II with the federal Office of police : services responsible for Interpol, as well as the commitment Center and the Office SIREN correspondence (* enforcement correspondence Interpol have only a right of consultation, with the exception of the international station Identifications) FOJ I addressed to the federal Office of justice: the field of management assistance judicial internationaleSEM the Secretariat of State for migration: direction regarding Immigration and integration fedpol I fedpol II * FOJ I SEM purpose of reporting a. nationals of States third for the purposes of non-admission or departure A B (A) B b. people to arrest for purposes of extradition A B (A) B c. missing persons A B a. d. wanted to participate in a criminal procedure A B (A) (e) for the purpose of discreet surveillance or control targeted A B (A) f. objects A B (A) State on 1 October 2015 report annex 3 (art. 7). al. 2, and 11, al. (1) 1. Rights of access and treatment concerning the data stored in the SIS access levels = view B = treat leer = no access abbreviations of authorities fedpol I from the federal Office of police: Service juridiquefedpol II from the federal Office of police: enforcement correspondence Interpol, as well as the commitment Center and the Office SIREN (* enforcement correspondence Interpol have only a right of consultation) fedpol III from the federal Office of the Police: the service responsible for the management of AFISfedpol IV from the federal Office of police: the Judicial Police federalefedpol V from the federal Office of police: the Section identification Documents and searches for people disparuesfedpol VI from the federal Office of police: enforcement of the RIPOLfedpol VII from the federal Office of police: the money laundering reporting Office , MROS (consultation only using Swisspol Index) CBC Service of public information of the Confederationmpc Department of the Confederationofj I addressed to the federal Office of justice: the field of management assistance judicial internationaleOFJ II from the federal Office of justice: the central authority for international child abduction enfantsSEM I the Secretariat of State for migration: direction regarding Immigration and integration for the tasks referred to in art. 7, al. 1, let. f, ch. 1SEM II the Secretariat of State for migration: direction regarding Immigration and integration for the tasks referred to in art. 7, al. 1, let. f, ch. 2Cgfr body of the guards-Frontiereafd I with the Federal Customs Administration: the anti-fraud Customs District directions section and the Office central anti-fraud Douaniereafd II with the Federal Customs Administration: offices of douaneAFD III with customs offices: inspection of customs of the Swiss airports (BE, BS, ZH) Pol. Cant. Prosecution of justice authorities, enforcement of sentences of the cantonsPol. ETR. The aliens police, Office of migration, regional and local authorities competent in Etrangersocr Offices of traffic Routiererse Swiss Representations abroad name of Confederation Cantons foreign fedpol I fedpol II data fields * fedpol III IV V VI VII fedpol fedpol fedpol fedpol * CBC MPC FOJ I FOJ II SEM I SEM II Corps AFD I AFD II AFD III Pol. Cant.
OCR CSR 1. Reports of people a. third-party nationals of States for the purposes of non-admission or prohibition of stay A A A A A B A A B A A A A A A A b. people to arrest for purposes of extradition A B (A) A A A B A A A A A A A A A A B A A c. missing persons A B (A) A A A B A A A A A A A A B A
d. persons sought for their participation in criminal proceedings has B (A) A A A B A A A A A A A A A A B A A (e) for the purposes of discreet surveillance or control people targeted A B (A) A A A B A A A A A A A A A A B A A 2. Reports of items a. vehicle engine (displacement > 50 cm) A A A B A A A A A A A B A b. vessel A A A B A A A A A A A B A c. aircraft A A A B A A A A A A A B A d. trailer (empty weight > 750 kg A A A B A A A A A A A B A e. Caravan A A A B A A
A A A a A A B at f. machinery (e.g. machines) A A A B A A A A A A A B A g. outboard A A A B A A A A A A A B A h. blank container A A A B A A A A A A A B A i. gun to fire A A A B A A A A A A B j. Official Documents has A A A
B A A A A A A A B A A k. Identity Documents such as passports, identity cards, driver's license, titles stay and travel documents A A A A B A A A A A A A B A A l. papers of vehicle A A A A B A A A A A B A Mr. license plate A A A B A A A A A A A B A n. ticket of A A A B A A A A A B o. Securities and means of payment A A A B A A A A A B p. objects for the purposes of discreet surveillance or control targeted A A A B A A A A A A A A A B A A 2 Bank. Data stored in the SIS reports of people 2.1.1 2.1 person alert data block main category of identity names given names Date of birth sex place of birth nationality grounds for the arrest number of alias names at birth names previously used hair of face hair color hair Type special body sign 1 special body sign 2 Stature face skin color eye shape eye color shape Type of skin nose ears Chin teeth approach
2.1.2 additional information in case of identity theft Information on the alert names names names at birth names previously used aliases special body sign
Document number Date of establishment authority of establishment 2.1.3 information on binary data type of image size of the file type of the file Resolution Date on which the photograph was taken place where the photograph was taken photograph the most important quality for the quality for the distinctive user automation process photograph of the person of the European arrest warrant / photography/document of identity identity document scanned object 2.2 2.2.1 Document objects reports photography blank official document of identity category state number number series (range) 2.2.2 gun number of weapon category brand model caliber RFID set ID number of the RFID tag 2.2.3 Identity Document number of the document 1 document number 2 category State bench to bench the names given names Date of birth sex theft/loss 2.2.4 banknote ticket ticket 2 number number number fixed currency value rated serial number (range) Note 2.2.5 vehicle category brand model state color year manufacturing License Code VIN (identification number of the vehicle) RFID set ID number of tag RFID alert 2.2.6 material industrial category brand model state color serial number fleet number engine number engine capacity engine brand license RFID set ID number of tag RFID VIN alert 2.2.7 aircraft category brand model state color company air serial number identification Code of the Organization of international civil aviation (ICAO identification code) year name length (in meters) width (in m) number of engines RFID set ID
Number of tag RFID alert 2.2.8 boat category brand model number N of certification State year name color length (in meters) number of engines number of Poles number of mark the hull number number of shells shell material the sail number identification number outdoor RFID set ID number of tag RFID alert serial number mark and serial number category brand Type year of manufacture color engine fuel Type 2.2.9 boat engine power
Serial number mark and serial number brand category Type year of manufacture color engine power fuel Type 2.2.10 container number by the international Bureau of containers (BIC number) another number height (in meters) width (in meters) RFID set ID number of tag RFID alert 2.2.11 license plate state theft/loss 2.2.12 title International Securities Identification Number (ISIN number) account serial number (range) currency value nominal category established by established the series Agent Expiration Date payer Identification Code of the Bank (BIC code) Jurisprudence original amount market currency Unit Note theft/loss 2.2.13 vehicle permit number of the document 1 document number 2 category State established at bench by names first name sex Date of birth brand model number VIN theft/loss updated according to point 2 of the annex to the sept 2 O. 2015, in effect since Oct. 1. 2015 (2015 3035 RO).
RFID: Radio Frequency Identification Devices (technology of identification by radio frequency) State on 1 October 2015 annex 4 (art. 26, para. 2 and 3) additional information related to the alerts for arrest for extradition purposes 1. Identity names family name given names at birth names used previously Date of birth place of birth sex nationalities assumed names and related data, identity theft 2. Additional information regarding identity address/last known address included or languages spoken by the person Description of the person sought, including the distinctive physical unalterable or other biometric photographs prints digital DNA origin of the passport or ID number of the document Date of the school establishment authority issuing Expiration Date name of father name and first name of the mother 3. Information about the arrest warrant / the arrest warrant judgment, entered in force and enforceable judgment or act having the same strength Date of the name of the issuing authority arrest warrant, Court address reference number/file number Date of judgment or act having the same strength maximum penalty sentence sentence remaining to be served measures length of sentence or measure released on parole tested, revision of the penal judgment judgment in absentia, information to the judgment in absentia, guarantees legal 4. Information concerning violations number of violations Date/period of commission of the place of commission of the offences described the offences, including consequences degree of participation (author, co-author, an accomplice, other) provisions applicable legal Qualification of the offence 5. Information additional other relevant circumstances about the case information concerning the confiscation of assets Description of the assets (including the place where they are located) 6. Specific information about the Central Authority (FOJ) name of the central authority address/box mailing contact number telephone number fax email 7. Annexes 8 file name File Format. Other information links with any other reports warning against the dangers (person army, brutal, at large) State on 1 October 2015