¹ This order applies to the IPAS computer system within the meaning of s. 12, 14 and 18 PSL:

A.

Responsible authority and monitoring;

B.

Structure and content;

C.

Access rights and data processing;

D.

Data protection and security;

² The IPAS information system consists of the following subsystems:

A.

The data processing system for international and intercantonal police cooperation within the meaning of Art. 12 LSIP;

B.

The system for the identification of persons in criminal proceedings and the search for persons who have disappeared within the meaning of s. 14 LSIP;

C.

The case management system and fedpol files within the meaning of s. 18 LSIP.

¹ The Federal Police Office (fedpol) is responsible for the IPAS system. It lays down a regulation on the processing of data recorded in IPAS.

² Fedpol is a control service. The control department is responsible for managing access rights to IPAS in accordance with the access matrix in Appendix 2, monitors automatic data clearing, and performs data controls. It is responsible for ensuring that users comply with the provisions of the order, its schedules and the data processing regulations.

³ The IT service provider mandated by the Federal Department of Justice and Police (DFJP) provides the necessary information technology for the operation of IPAS.

¹ IPAS includes the following categories:

A.

Interpol;

B.

Europol;

C.

N-SIS;

D.

AFIS-ADN;

E.

Search for missing persons;

F.

Identity documents.

² Each category is divided into several sub-categories, namely:

A.

Basic data , where data concerning natural persons, legal persons and objects are recorded;

B.

D Ossiers Where the location of the physical files, the rights of access to the files and the indications relating to the loan are recorded;

C.

Business , where the category to which the files belong according to s. 4, para. 1, their status and the person in charge of the file;

D.

Content, Where the detailed data relating to natural persons, legal persons and objects appearing in IPAS are recorded;

E.

Business and case management, A business and case management function.

¹ The IPAS system contains the following data and documents:

A.

Category Interpol : data and documents relating to persons announced as alleged perpetrators of offences, as injured or as witnesses to the Federal Judicial Police (PJF), in judicial police investigations that are not subject to federal jurisdiction, Or police activities for the prevention of offences and carried out by the criminal prosecution authorities or the Swiss or foreign police bodies;

B.

Category Europol: Data transmitted in the framework of cooperation with Europol;

C.

Category N-SIS : data transmitted to the SIRENE office in relation to an alert in the N-SIS;

D.

Category AFIS-ADN : data and documents relating to persons whose identifying elements have been the subject of a survey and scrutiny by Swiss or foreign police bodies or by the Border Guard Corps and which have been announced to fedpol Data comparison purposes;

E.

Category Search for Missing Persons : data and documents relating to persons in respect of whom a request has been made to the search service for persons missing from fedpol by Swiss or foreign authorities, individuals, institutions or organisations International;

F.

Category Identity Documents : data and documents relating to persons on whom fedpol has established a file within the framework of the application of the legislation on identity documents.

² Data and documents relating to several categories of data under s. 3, para. 1, are processed in each corresponding category.

³ The catalogue of specific data is included in Annex 1.

¹ The business and case management system of fedpol makes it possible to facilitate the management of documents and files relating to cases involving natural persons, legal persons or objects, with the exception of Documents and entries relating to cases processed by the PJF in the JANUS computer system.

² It may include all communications, including telephone calls, e-mails and letters to or from fedpol. It contains in particular the communications exchanged within the framework of cooperation with the European Police Office (Europol).

³ It provides access to:

A.

Computerised documents relating to cases processed by fedpol, in the form of texts or images;

B.

Data relating to the transmission and processing of documents and records, as well as to any research carried out in the information systems available to the PJF;

C.

The location of the files and the particulars of the loan.

⁴ The data processed in the case management system and fedpol files can be indexed by person, object or event and linked to the main system or other fedpol information systems. When data are linked to other sub-categories or to another information system, they are subject to the treatment rules and access restrictions applicable to them.

¹ Employees of fedpol can consult IPAS online if they need data stored there to perform their duties under the law.

² Access rights are set out in Schedule 2.

¹ Fedpol may, in the context of mutual administrative assistance, communicate on request information registered in IPAS to the following authorities, provided that this is necessary for the completion of their legal tasks: ¹

A.

Federal, cantonal and foreign police or criminal prosecution authorities;

B.

National central offices Interpol and the General Secretariat of Interpol;

C.

The services of the State Secretariat for Migration ² Competent for the identification of asylum seekers and persons to be protected, and for the fulfilment of the tasks provided for in the Federal Act of 16 December 2005 on the residence and establishment of aliens ³ And the Federal Law of 29 September 1952 on the acquisition and loss of nationality ⁴ ;

D.

Europol;

E.

The relevant services of the Federal Customs Administration;

F.

The representations of Switzerland abroad competent for the issuing of visas;

G. ⁵

The Confederation Intelligence Service in its operations under SIMA;

H. ⁶

The service of the Federal Office of Justice in charge of the criminal record for the identification of persons registered in the computerised criminal record VOSTRA when there is suspected error in the relationship between data and data Persons;

I. ⁷

The central services of the cantons for the clarification of the legal requirements for the erasure of DNA profiles according to Art. 16 to 19 of the DNA profiles law of 20 June 2003 ⁸ And for the erasure of biometric data according to Art. 17 to 21 of the order of 6 December 2013 on the processing of biometric data ⁹ .

² The legal provisions governing the processing of identifying data, Interpol, Europol, N-SIS and data relating to the search for missing persons and identity documents are reserved. ¹⁰

¹ In the communication of data recorded in IPAS, the prohibitions on use must be respected. Fedpol may not communicate to foreign authorities referred to in s. 7 data concerning asylum seekers, refugees or persons provisionally admitted after consultation with the competent Federal Office.

² Fedpol refuses to disclose data recorded in IPAS if overriding public or private interests oppose it. Data that is not intended to be reported should be reported as such in IPAS.

³ In any communication of data recorded in IPAS, the recipient must be informed of the nature, reliability and currency of the data. It can only be used for the purpose for which it has been communicated to it. It must be notified of the restrictions of use and the fact that fedpol reserves the right to require information on the use made of such data.

⁴ The communication of data, as well as the addressee, the object and the reason for this communication must be registered in IPAS.

⁵ Fedpol shall define the detailed rules for the communication in the Regulation on the processing of data referred to in Art. 2.

¹ Data recorded in IPAS in relation to dactyloscopic data stored in the automatic fingerprint identification system (order of 6 December 2013 on the processing of biometric data ¹ ) Or in relation to DNA profiles stored in the information system based on DNA profiles (order of 3 December 2004 on DNA profiles ² ) Are deleted at the same time as the corresponding data stored in these information systems. ³

^1bis Excluded from erasure according to para. 1 "hit" cases in accordance with Annex 1. They remain registered as long as a case with an AFIS or DNA category process control number remains in IPAS. After the last data of the AFIS or DNA categories have been deleted, the "hit" case is still registered for up to five years in IPAS. ⁴

² When DNA profiles are erased, the other data relating to the data subject, stored in IPAS, is erased if no other identifying material relates to the same person. When the other data stored in IPAS cannot be erased, the note on the existence of a DNA profile must be deleted at the same time as the DNA profile.

³ The process control number is erased when the Confederation no longer maintains any identifying data relating to the data subject.

⁴ The category data Search for Missing Persons And Identity Documents The main system is erased 50 years after the first entry. Data entered in the category Search for Missing Persons May be kept for as long as the persons have not been found, but no later than 99 years.

⁵ Data in the category Interpol Are erased after ten years.

⁶ Data in the category Europol Are deleted in accordance with s. 9, c. 8, of the Agreement of 24 September 2004 between Switzerland and the European Police Office ⁵ .

⁷ The data entered in the N-SIS Which are transmitted as additional information in the framework of cooperation with other Schengen States shall be deleted in accordance with Art. 45 of the N-SIS Order of 7 May 2008 ⁶ .

⁸ Data in the case and case management system and no link to other categories is erased after three years.

The log records of the deletion are kept for one year after the data are deleted. They can only be consulted by the data protection adviser of the Office and can only be used for monitoring compliance with data protection provisions.

In accordance with Art. 21 of the Federal Data Protection Act of 19 June 1992 (HPA) ¹ , the release of information from the information system to the Federal Archives is governed by the Federal Act of June 26, 1998 on Archiving ² .

The right to consultation, rectification and deletion of data shall be governed by the provisions of the HPA ¹ Art. 13 of the Interpol Order of 1 ^Er December 1986 ² Is reserved for data transmitted by the Interpol channel. Art. 7, c. 5, of the Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office ³ Is reserved for data transmitted by Europol. Art. 49 of the N-SIS Order of 7 May 2008 ⁴ Is reserved for data in relation to an alert in N-SIS. Art. 8 LSIP is reserved for the recording of data under the jurisdiction of the PJF in the case management system and fedpol files.

Data security is guaranteed by the Ordinance of 14 June 1993 on the Federal Data Protection Act ¹ , by the September 26, 2003 ordinance on information technology in the federal government ² As well as the IT Security Guidelines of September 27, 2004, concerning computer security in the federal government.

Any data processing in IPAS is recorded in minutes. The log records are kept for one year.

The IPAS order of 21 November 2001 ¹ Is repealed.

This Order comes into force on December 5, 2008.