The Federal Police Office (fedpol) manages the National Central Office (NCB), in accordance with Art. 32 of the statute of the International Criminal Police Organization ¹ (Interpol).

¹ The NCB shall liaise:

A.

With the competent Swiss authorities;

B.

With the bodies of other countries operating as NCBs;

C.

With the General Secretariat of Interpol.

² It also performs the following tasks:

A.

It cooperates in the prevention and prosecution of offences and the execution of penalties and measures through the exchange of police information with the NCBs of other States and the Interpol General Secretariat, on the one hand, and with the authorities Criminal prosecution, on the other hand;

B.

It can process and exchange information in order to facilitate the search for missing persons and the identification of unknown persons;

C.

It maintains 24 hours a day for the receipt of all Interpol requests and their transmission to the relevant services of fedpol, on the one hand, and for the processing and coordination of urgent judicial police cases, of other Part;

D.

Ensuring access to the Interpol; police information system;

E.

Coordinates and supports cooperation in the operational activities of Interpol;

F.

It ensures the transmission of requests for international legal assistance received and sent by the Interpol channel to the extent that they are the responsibility of the Federal Office of Justice;

G.

It participates in the strategic and operational work of Interpol and represents Switzerland in the working groups established in this field;

H.

Delegates to the General Secretariat of Interpol one or more persons who will have the quality of police officers.

³ The status of the International Criminal Police Organization ¹ And the data processing regulations (Interpol regulations) ² Are applicable to the exchange of police information between the NCB and the General Secretariat of Interpol, on the one hand, and between the NCB and the NCBs of other States, on the other, to the extent that they are compatible with Swiss law.

⁴ In its activity, the NCB shall ensure that Swiss law is respected, and shall take the necessary measures, if necessary.

¹ The NCB may exchange information with the General Secretariat of Interpol and the NCBs of other States through the Interpol police information system, and consult and record data from the system to that effect Of the Secretariat-General.

² It can make data relating to people or objects accessible online and record them directly in the Interpol police information system.

¹ The following authorities can access data from Interpol's police information system online:

A.

The competent services of fedpol, for the performance of their tasks under the Federal Act of 7 October 1994 on the Central Criminal Police Offices of the Confederation ¹ , of the Code of Criminal Procedure ² , of the Federal Act of 23 December 2011 on the extra-procedural protection of witnesses ³ , of the Act of 20 March 1981 on international mutual assistance ⁴ And the Order of 17 November 1999 on the organization of the Federal Department of Justice and Police ⁵ ;

B.

The competent services of the Federal Office of Justice for the performance of their tasks under the Act of 20 March 1981 on international mutual assistance and the order of 17 November 1999 on the organisation of the Federal Department of Justice and Police;

C.

The cantonal police authorities, for the performance of their tasks under the Code of Criminal Procedure of 5 October 2007 and the cantonal laws on the police;

D.

The police authorities and the customs authorities of the Confederation, for the performance of their duties under the Customs Act of 18 March 2005 ⁶ , and the police or customs authorities of the cantons, in the context of the tasks assigned to them by the law;

E.

The cantonal police of foreigners, provided that they carry out judicial or security police duties under the cantonal law;

F.

Advising on the protection of data and information of fedpol, for the performance of its supervisory tasks;

G.

Services responsible for maintenance, for the performance of their tasks.

² Fedpol enacts a treatment regulation.

¹ The NCB shall inform the foreign criminal prosecution authorities of information relevant to the prevention and prosecution of offences, or the execution of penalties and measures.

² If he cannot reply to a request for information himself, he shall transmit it to the Swiss criminal prosecution authorities which he considers competent. They shall provide the NCB with the requested information.

¹ If, for the prevention or prosecution of offences or for the execution of penalties or measures, a canton needs information from a foreign criminal prosecution authority, it may apply to the NCB by requesting it to submit its request for Information to the NCB of the country concerned or to the Interpol General Secretariat.

² It is reserved for the cantons to correspond directly with the foreign police bodies in the cases referred to in Art. 35, para. 2, of the order of 24 February 1982 on international mutual assistance ¹ .

The Public Ministry of the Confederation may request information from other countries through the NCB in criminal proceedings under the Code of Criminal Procedure ¹ As well as for the prevention of offences under federal jurisdiction.

In order to prevent or clarify infringements, the NCB may provide information to legal persons:

A.

Whether it is dealing with an imminent danger;

B.

If the disclosure of that information is in the interest of the persons concerned and the consent of the persons concerned has been given or the circumstances permit.

The NCB shall provide other authorities with information from the computerised criminal record register VOSTRA, within the limits of the provisions on computerised criminal records.

¹ In order to make comparisons with research opinions, the NCB may obtain from the MOFIS motor vehicle information system the following data:

A.

Brand, chassis number and distinguishing sign;

B.

Additional observations (notice of flight);

C.

Last known holder: surname, given name, date of birth and address.

² If the NCB finds that a vehicle stolen abroad is registered in Switzerland, it shall forward this information to the foreign criminal prosecution authorities which have launched the research notice.

¹ The exchange of information relates solely to police information within the meaning of Art. 1, para. 2, of the Interpol Regulations ¹ .

² The recipient of the data may only process the data for the purpose for which it has been communicated to it. In each data communication, it must be notified of this processing restriction and the fact that the NCB reserves the right to require information on the use of such data.

³ In addition, the NCB shall inform the General Secretariat of Interpol and the NCBs of other States, either during each data communication, or in advance by means of a general communication for certain categories of data:

A.

The fact that the provision of data to services which are not foreign authorities exercising criminal or police prosecution tasks is authorised only on a case-by-case basis and with the express agreement of the NCB;

B.

All other treatment restrictions imposed on the NCB under the legislation of the Confederation and of the cantons.

⁴ The authorization referred to in para. 3, let. A, shall be given in accordance with the rules laid down in Swiss law. The decision rests with the head of the NCB. The Data Protection and Information Protection Adviser at fedpol is first heard.

⁵ If the NCB intends to communicate to the country of origin or source the data of asylum seekers, recognised refugees or persons in need of protection in Switzerland, the requirements laid down in Art. 2 of Order 3 of 11 August 1999 on asylum ² Apply.

¹ The NCB shall be required to respond to requests from the General Secretariat of Interpol in accordance with the procedures laid down in Swiss law. This rule applies in particular to applications concerning:

A.

Communication to allogeneic entities according to art. 27 of the Interpol Regulations ¹ Data from Switzerland registered with the General Secretariat;

B.

Access of new services to data from Switzerland registered with the General Secretariat;

C.

The consultation and registration, by new services, of data from Switzerland registered with the General Secretariat.

² The decision on the applications referred to in para. 1, let. B and c requires the agreement of the head of the NCB. The Data Protection and Information Protection Adviser at fedpol is first heard.

³ A service shall be authorised to access or consult data from Switzerland registered with the General Secretariat only if their communication to that service is also authorised.

The NCB shall ensure the accuracy and timeliness of the police information it transmits.

¹ The data are deleted from the Interpol police information system as soon as they no longer respond to a need.

² Data relevant to criminal proceedings in accordance with Art. 95 to 99 of the Code of Criminal Procedure ¹ Shall be kept no later than the expiry of the time limits for the limitation of the criminal proceedings and the sentence.

³ Clearing the data is the responsibility of the fedpol control service.

All data that the NCB no longer needs are proposed to the Federal Archives for archival purposes, in accordance with the Federal Law of 26 June 1998 on Archiving ¹ .

¹ If a person wishes to be informed of the data concerning him or her, have them corrected or deleted, they must justify their identity (copy of the passport or identity card) and send a written request to the Data Protection Adviser And fedpol information.

² The communication of information is governed by the law of the public community (other state, confederation, canton) whose authorities lead or have carried out the criminal investigation. Fedpol shall forward the request to the competent authority for decision.

³ If the procedure has been carried out by fedpol and has not been delegated to a canton, it is fedpol which decides on the request.

⁴ The disclosure of information may be refused if it could jeopardize a criminal prosecution, the execution of a sentence or the prevention of a crime by the police.

⁵ The right of access to research data is governed by the RIPOL order of 15 October 2008 ¹ .

⁶ The right of access to data of authorities of other States is governed by Art. 18 of the Interpol Regulations ² .

¹ The Data Protection and Information Protection Adviser shall supervise the processing of personal data by the NCB.

² Fedpol determines in a processing regulation the authorizations to access the data and work premises, and it ensures that they are inaccessible to any unauthorised person.

The Interpol Order of 1 ^Er December 1986 ¹ Is repealed.

This order shall enter into force on 1 ^Er August 2013.