Key Benefits:
21 November 2007 (State 1 Er February 2009)
The Swiss Federal Council,
Having regard to art. 10, para. 2, 14, para. 1 and 2, 15, para. 2, 19 and 20 of the law of 23 June 2006 on the harmonization of registers (LHR) 1 ,
Stops:
1 In the context of the harmonization of registers, this order shall rule
2 It also regulates the central computing platform of the Confederation (sedex).
3 It contains additional provisions on the AVS insurance number.
For the purposes of this order:
1 The SFO must be informed in advance of any substantial modification or deletion of a register within the meaning of Art. 2 LHR.
2 Any changes that affect the objectives of the federal statistics are substantial, especially when the identifiers, required characters or the rate of actualization are affected.
Services that maintain the records referred to in s. 2 LHR are personally responsible for data protection in the context of keeping these records.
1 The exchange of data between the registers referred to in Art. 2 LHR and the delivery of data to the SFO are done via sedex or using electronic data carriers according to the instructions of the SFO.
2 The exchange of data within a canton may take place through the systems set up for that purpose by the said canton and its municipalities.
3 The Confederation makes it available free of charge to the services that keep records. It is responsible for the development, operation and maintenance costs of this platform.
4 The SFO is the unit responsible for sedex at Confederation. It may entrust the exploitation to third parties.
1 The exchange of data between the population registers on arrival and departure is done on an ongoing basis.
2 The intercantonal exchange of data is in encrypted form.
3 The SFO coordinates the preparation of the implementation of data exchange via sedex, agreement with the cantons and the eCH Association.
1 The records referred to in s. 2, para. 1, LHR is delivered free of charge to the SFO.
2 The SFO can control the quality of the data delivered. If it finds that these are incomplete or incorrect, it can order a new delivery for the same reference day, and it specifies what data to be delivered to it once and the date of their delivery.
3 The content and periodicity of the data deliveries are settled by the order of 30 June 1993 concerning the execution of the federal statistical statements 1 .
1 RS 431.012.1
1 Services that maintain the records referred to in s. 2, para. 2, LHR delivers to the SFO four times a year the data within the meaning of s. 6 LHR. The canton shall designate the service responsible for the delivery of such data.
2 The data delivered refer successively to March 31, June 30, September 30 and December 31. The data must be submitted to the SFO no later than the last day of the month following the reference day. The first day of reference is March 31, 2010.
3 The data delivered to the SFO must be complete each time. They should contain at least the following information:
4 If the data are delivered regularly by means of an electronic medium, the SFO must be notified no later than three months before the first day of reference.
The cantons shall ensure that persons living in collective households are registered in the registers referred to in Art. 2, para. 2, LHR.
1 The SFO operates a validation service to ensure that the data supplied by the registers referred to in s. 2, para. 2, LHR meets the required quality criteria.
2 This validation service controls that:
3 The SFO sets the plausibility rules in a directive and publishes it on the Internet.
4 It shall communicate the errors found to the service responsible for the delivery of the data according to Art. 8, para. 1. This service is required for errors to be corrected.
5 If the data supplied is incomplete or incorrect, the SFO may order a new delivery for the same reference day. It then specifies what data is to be delivered to it once again and sets the delivery date.
6 The validation service lists in a protocol the number and type of errors noted in such a way that it is not possible to cross-check with personal data.
1 Competent service within the meaning of s. 9 LHR shall indicate to the SFO what services, in the case of the cantonal territory, shall be in keeping with the registers referred to in Art. 2, para. 2, LHR which are connected to sedex.
2 The latter are themselves responsible for their connection to sedex.
1 The transmission of data via sedex is done exclusively through a sedex connection adapter.
2 The Confederation develops this adapter and makes it available free of charge to the services that keep the records. It supports the optimization costs of this adapter.
3 Services that maintain the records referred to in s. 2, para. 2, LHR takes charge of the installation and operation of the adapter, as well as the costs of adapting their software and hardware.
1 The registry software must be certified for the use of sedex.
2 Certification is by spontaneous declaration of the licensor to the certification service. By this declaration, the licensor confirms that his software can communicate with sedex via the connection adapter in accordance with the requirements of the Confederation.
3 The OFS serves as a certification service. It maintains a list of registry software authorized by spontaneous reporting.
1 The data are transmitted via sedex in encrypted form in an electronic envelope.
2 Each transmission is the subject of a protocol. The data transmitted can only be read by the recipient who is authorized to do so.
3 For each successful transmission, sedex sends a confirmation to the transmitter.
4 If the authorized service does not take delivery of the envelope within one month, the envelope is deleted with its contents.
1 Any transmission of data via sedex made for other official purposes shall be in accordance with the instructions of the SFO.
2 The levying of emoluments by the SFO is governed by the order of 25 June 2003 on the fees collected for the provision of statistical services of the administrative units of the Confederation 1 .
1 RS 431.09
Other users who use sedex must take the same data protection measures as the services that keep the records.
1 A digital identity is given free of charge to the services that keep the records and are connected to sedex.
2 The SFO maintains a list of these services and their digital identities.
3 The Federal Office for Informatics and Telecommunications (OFIT) issues a certificate to each of these services. This certificate includes:
4 Other users of sedex are required to be certified by a certification service provider as defined in the Federal Act of 19 December 2003 on electronic signature 1 .
Competent service within the meaning of s. 9 LHR announces collectively, for all services in the township that keep the records referred to in s. 2, para. 2, LHR, the systematic use of the insured number, in accordance with Art. 134 Ter The Old Age and Survivor Insurance Regulations of October 31, 1947 (RAVS) 1 , at the clearing house (CdC).
1 Competent service within the meaning of s. 9 LHR ensures that all services within the township that maintain the records referred to in s. 2, para. 2, LHR requests the first overall allocation and communication of the AVS insurance number.
2 The procedure for the assignment and communication of the number is made according to Art. 133 Bis And 134 Cc Of RAVS 1 .
3 The SFO coordinates the allocation and communication of agreements with the CoC and the relevant departments within the meaning of s. 9 LHR.
4 Agreement with the relevant departments within the meaning of s. 9 LHR, the SFO sets out how, from what date and relative to what day of reference the cantonal data necessary for attribution and communication can be delivered to the CoC.
5 The CoC transmits the insured number to the services that keep the registers and gives them the information they had delivered for the purpose of the assignment or communication. It also provides official personal data from Infostar and SYMIC information systems.
1 Services that maintain the records referred to in s. 2, para. 2, LHR can communicate the insured number to services and institutions authorized under federal or cantonal laws to systematically use the insured number to carry out their legal duties.
2 In that case, the levying of emoluments is a matter for the cantonal law.
1 The first overall allocation and the communication of the insured number to the registers referred to in Art. 2, para. 1, LHR is regulated by s. 133 Bis And 134 Cc Of RAVS 1 .
2 The SFO coordinates the communication of agreements with the CoC and the departments responsible for maintaining these records.
3 The SFO sets out how, from what date and relative to what day of reference the data needed for attribution and communication can be delivered to the CoC.
The records keep the AVS insured number up to date.
1 Competent service within the meaning of s. 9 LHR coordinates the procedure and ensures compliance with the deadlines for the completion of the harmonisation of registers, of agreement with the SFO.
2 It may, in order to monitor the execution and quality of harmonisation in its canton, request the protocol established by the validation service in accordance with Art. 10, para. 6.
1 The OFS operates the address directory within the meaning of s. 16, para. 3, LHR as data bank.
2 It updates this database once a quarter.
The SFO uses the address directory for statistical, research and planning purposes only.
1 The cantonal and local statistical offices may ask the SFO to provide them with the data relating to their territory in accordance with Art. 17, para. 2, LHR. They must send the request in writing.
2 The SFO delivers this data to the maximum once a quarter and at the earliest one month after receiving the latest data delivery from the canton. The data is delivered in encrypted form.
3 This data can only be used as a sampling frame for the cantons and municipalities to carry out their own statistical surveys.
1 The harmonisation of registers and the registration of the AVS insurance number in the registers referred to in Art. 2 LHR shall be completed no later than 15 January 2010.
2 The EGID is managed in all population registers no later than 15 January 2010, the EWID no later than 31 December 2012.
3 The Confederation puts sedex and the connecting adapter at the disposal of the operators of registers from 15 January 2008.
4 It puts sedex at the disposal of the services responsible for transmitting data on arrivals and departures from January 15, 2010.
5 The OFS provides the validation service available as of January 15, 2008.
The SFO carries out this order.
The amendment to the existing law is set out in the schedule.
This order shall enter into force on 1 Er January 2008.
