¹ This order regulates the operation of the computer system for the management of animal experiments (computer system).

² In particular, it regulates:

A.

Skills;

B.

The structure and content of the computer system;

C.

Access rights;

D.

Communication of data;

E.

Data protection and computer security;

F.

Archiving of data;

G.

Fees and fees.

The computer system is used to process the data necessary for the Confederation, the cantons, the institutes, the laboratories and the animalies for the management of the authorizations to carry out experiments on animals or to operate a pet store.

¹ For the purposes of this order:

A.

Institute and Laboratory : Any unit within a university, industry or other institution in which animal experiments are conducted;

B.

Researcher: Any collaborator of an institute, laboratory or animal.

² The term Animalerie Is defined in Art. 2, para. 3, let. M, of the order of 23 April 2008 on the protection of animals ¹ .

¹ The Federal Office for Food Safety and Veterinary Affairs (FVO) is responsible for the development and operation of the computer system. ¹

² He:

A.

Enters into agreements with benefit providers;

B.

Concludes use agreements with the cantons;

C.

Enacts technical provisions governing the use of the computer system;

D.

Establishes the annual budget and accounts.

³ He is responsible for the technical service and the computer system. It includes measures to ensure the economic exploitation of the system and to ensure data protection and data security.

The FSO Technical Service ¹ Computer system (technical service):

A.

Provides technical assistance to users of the system with the cantonal authorities and the cantonal commissions of animal testing;

B.

Informs users of technical aspects, innovations and changes;

C.

Makes the technical and specialized adaptations and improvements of the computer system;

D.

Improves the user's guide through explanatory texts and system messages;

E.

Coordinates and monitors the tasks of benefit providers;

F.

Remediates system failures in collaboration with benefit providers;

G.

Assigns and manages access rights granted to users;

H.

Provides training courses.

¹ The cantonal authorities manage their data and documents and ensure the accuracy of data relating to the persons and institutions of their canton. In particular, they manage user information and pass it on to the technical service to the extent that they are necessary for granting access rights.

² They conclude use agreements with institutes, laboratories, animalies and members of the cantonal commissions of animal testing. Such agreements should include measures to ensure data protection and computer security.

The institutes, laboratories and animalies conclude use agreements with their collaborators. Such agreements should include measures to ensure data protection and computer security.

¹ The Joint Committee shall consist of three representatives of the FVO and three representatives of the cantons. It is chaired by the FVO. For the rest, it defines its own organization.

² It advises the FSO on the technical aspects of the operation and evolution of the computer system.

³ It may give mandates to the technical service.

⁴ It can call on external experts to deal with specific issues.

The computer system consists of the following modules:

A.

User management;

B.

The management of data relating to basic training, qualifying training and continuing education of researchers;

C.

The sequence of procedures for the authorisation and monitoring of animal experiments;

D.

The sequence of steps in the authorisation procedure to operate and monitor the animal industry, including the simplified authorisation procedure for the production of genetically modified animals with recognised methods;

E.

The sequence of steps in the announcement of strains or animal strains with a disabling phenotype;

F.

The progress of the report stages and the publication of the annual statistics;

G.

The information and assistance system;

H.

System management.

¹ The computer system contains the following types of data:

A.

Fixed data relating to persons, institutes, laboratories and animals: The data required to access the system or to identify individuals, institutes, laboratories and animals;

B.

Data collected during execution: Applications, authorisations, decisions, reports, announcements and possible questions and answers given in the framework of procedures for authorisation and monitoring of animal and animal experiments, decisions Eligibility of lines and strains with a debilitating phenotype, surveillance documents, basic training certificates, qualification and continuing training, and references to other cantonal decisions Issued in the field of animal testing and animal health;

C.

System data: Data used for the management and adaptation of the computer system to the needs of the implementing authorities, namely reference lists, profiles, information material, standard sentences, explanatory texts and similar data;

D.

Historical data: Data used to track changes to an application, authorization, decision, report or notification, or the role of a person.

² The cantonal authorities, the members of the cantonal animal testing committees and the FVO can draw up working notes on the various dossiers.

³ The data contained in the computer system are defined exhaustively in Annex 1, c. 5.

¹ Access rights are set out in Schedule 1.

² They shall be granted and amended at the request of the cantonal authority, the institute, the laboratory or the animal. The request for the grant or modification of the access rights shall be addressed to the technical service using the computer system.

Have online access to fixed data:

A.

Researchers;

B.

Persons responsible for animal protection issues within the institutes, laboratories and animals;

C.

Collaborators of the cantonal authorities;

D.

Members of the cantonal commissions of animal testing;

E.

Collaborators of the technical service.

¹ Researchers have online access to:

A.

Data that they themselves have entered into the computer system; and

B.

The data addressed to them by the authorities and the cantonal commissions of animal testing.

² People who deal with animal welfare issues in institutes, laboratories and pet stores have online access to:

A.

The data they themselves have entered into the system; and

B.

The data necessary to carry out their tasks.

³ Officials of the cantonal authorities have access to online:

A.

Data that they themselves have entered into the computer system;

B.

Data developed by their administrative unit as part of the implementation; and

C.

Data from an administrative unit other than their own:

1.

Involving individuals, institutes, laboratories or animals, or

2. ¹

Having as the object of authorizations to practice animal experiments, to operate an animal or to produce genetically modified animals, including the request, the notice and the report thereon, or

3. ²

Subject to decisions concerning the inbred lines of animals with a disabling phenotype, including the advertisement and the related notice.

⁴ Members of the Cantonal Committee on Animal Experimentation have online access to:

A.

The data that they themselves have entered into the system;

B.

The data drawn up by the committee as part of the performance of its enforcement tasks;

C. ³

Data from all cantons with the purpose of authorisation to practice animal experiments, to operate a pet store or to produce genetically modified animals, including the request, the notice and the report thereon;

D. ⁴

The data of all the cantons which are the subject of decisions concerning the lines of animals with a disabling phenotype, including the announcement and the notification thereof.

⁵ The collaborators of the technical service have online access:

A.

The data that they themselves have entered into the system; and

B.

Data from the decisions of the cantonal authorities on animal experiments and animal welfare decisions.

⁶ System administrators at the FVO have online access to all the data necessary to perform their tasks, including the data they need to provide assistance to users.

¹ The institutes, laboratories and animalies that have their own computer system for the management of animal experiments can exchange data with the computer system through a secure data exchange interface.

² The FVO enters into agreements for the exchange of data with them. Such agreements should include measures to ensure data protection and computer security.

The FVO may disclose personal data from the computer system to third parties if there is a legal basis for it or if the persons concerned have given their consent.

Public information on animal testing referred to in s. 20 A PCPA and the statistics of animal experiments under s. 36 PCPA is based on data contained in the computer system.

The FVO and the cantonal authorities shall ensure compliance with the provisions on data protection. To this end, the FVO enacts a regulation governing the processing of data defining the necessary organisational and technical measures.

¹ The rights of persons whose data are processed in the computer system, in particular the rights of information, rectification or erasure of data, are governed by the Federal Law of 19 June 1992 on Data Protection ¹ .

² If a person wishes to assert his or her rights, they must prove their identity and file a written request to the executing authority of their home canton or the FVO.

³ The cantonal authority concerned and the FVO inform each other of the requests received.

The Institute, the Laboratory, the Animalerie or the authority that entered the data in the computer system shall ensure that erroneous data are corrected.

¹ The measures guaranteeing computer security are governed by the order of 26 September 2003 on information technology in the federal government ¹ .

² The FSO shall ensure that the provisions governing computer security are integrated into the conventions of use concluded with the cantons, institutes, laboratories and animalies and in conventions concluded with Benefit providers.

³ The cantons shall ensure computer security at the level of the cantonal authority and the members of the cantonal committee on animal testing.

¹ Data archiving is governed by the requirements of the Federal Act of 26 June 1998 on Archiving ¹ .

² The data are deleted no later than 30 years after their entry.

The emoluments for the use of the computer system are set out in Art. 24 B The order of 30 October 1985 on the emoluments of the FVO.

The costs associated with special features of the computer system specific to a canton are borne by the canton which has requested them.

The Federal Department of the Interior ¹ May enact implementing provisions.

The amendment to the existing law is set out in Schedule 2.

¹ This order shall enter into force on 1 ^Er January 2011, subject to al.2.

² The following provisions shall enter into force on 1 ^Er January 2012:

A.

Art. 22;

B.

Art. 24 B The Order of 30 October 1985 concerning the emoluments received by the Federal Veterinary Office ¹ In the version set out in Annex 2, c. 2 of this Order.