The purpose of this Act is to ensure respect for the democratic and constitutional foundations of Switzerland and to protect the freedoms of its people.

¹ The Confederation shall take preventive measures within the meaning of this Law to detect precociously and combat the dangers of terrorism, the service of prohibited intelligence, violent extremism and violence during demonstrations Sports. ¹ The information obtained must allow the competent authorities of the Confederation and the cantons to intervene on time according to the applicable law.

² Preventive measures also include preparatory acts relating to the illicit trade in weapons and radioactive substances and the illegal transfer of technology.

³ The Confederation supports the competent police and criminal prosecution authorities by providing information on organized crime, particularly when such information is in its possession in the context of a collaboration With foreign security authorities.

⁴ Preventive measures include:

A.

Periodic assessment of the situation of the threat by the political authorities and the assignment of mandates to the internal security bodies (security bodies);

B.

The processing of information relating to internal and external security;

C.

Security controls relating to persons;

D.

Measures to protect federal authorities, persons with special protection under international law, as well as permanent diplomatic missions, consular posts and international organizations;

E. ²

Seizure, sequestration and confiscation of propaganda material whose content incites violence;

F. ³

The measures provided for in s. 24 A And 24 C , which aim to prevent violence during sporting events.

¹ The security bodies of the Confederation and the cantons may not deal with information relating to the political commitment or exercise of rights arising from the freedom of opinion, association and assembly. The processing of such information shall, however, be lawful where a serious presumption makes it possible to suspect an organisation or persons belonging to it to use the exercise of political rights or fundamental rights in respect of Conceal the preparation or execution of acts of terrorism, violent extremism or prohibited intelligence. ¹

² Information collected under para. 1 are recorded with the relevant nominal references. If the evidence that the observed activity is used in the preparation or conduct of an activity related to terrorism, violent extremism or prohibited information has not been provided within one year from the date of registration of a Information, or if any link to the activities concerned may be excluded before the expiry of that period, all nominal references associated with the information collected under para. 1, as well as all views and sound recordings, must be destroyed immediately. ²

³ The secrecy of the vote, petitions and statistics remains guaranteed.

⁴ In the context of measures for the protection of persons and buildings within the meaning of Section 5, the security bodies may also process the information necessary to ensure the safety of persons, organisations or demonstrations at risk.

¹ Each canton is responsible for the first head of internal security in its territory.

² To the extent that the Constitution ¹ And the law, the Confederation is responsible for internal security, the cantons assist it in administration and enforcement.

¹ To take the lead in internal security, the Federal Council:

A.

Periodically assesses the threat, establishes information rights and duties, and adapts mandates;

B. ¹

Establishes a management plan for measures to protect federal authorities, persons enjoying protection under public international law, and beneficiaries of privileges, immunities and facilities referred to in s. 2 of the Act of 22 June 2007 on the Host State ² .

C.

Orders specific measures in the event of specific threats.

² It regulates the division of labour between the Confederation Intelligence Service (SRC) ³ And the Federal Police Office (fedpol), as well as between these two units and the military security bodies during the period of active support or service. ⁴

³ The CBC and fedpol perform the federal duties as defined in this Act, to the extent that they are not assigned to another body. ⁵

¹ The Federal Council appoints the members of the CBC who are armed during their service and rules the training they must follow. To this end, it takes particular account of the individual hazard involved in the service.

² The use of a weapon must be adapted to the circumstances and is permitted only in the following circumstances:

A.

Self-defence;

B.

Necessity status.

³ Any injured person should receive the necessary assistance.

¹ Each canton shall determine the authority responsible for collaborating with the CBC and fedpol for the purposes of this Law. It defines the route of service in such a way that the urgent tasks entrusted by the Confederation are carried out without delay. ¹

² When a canton delegates safety tasks to certain municipalities, they work directly with the federal authorities, in the same way as the cantons.

³ The persons entrusted by the cantons to perform tasks defined by this Law shall be subject to the cantonal law governing the public service and to the cantonal supervisory authority.

¹ The Federal Department of Defence, Population and Sports Protection (DDPS) communicates with cantonal governments and collaborates with inter-cantonal government conferences. ¹

² As a general rule, the cantons perform independently the tasks set out in this Law. If several cantons are to cooperate or if there is a danger in the home, the CBC can take the lead.

³ If the cantons are of the opinion that certain persons or organisations must be searched for information, or are no longer subject to it, they shall apply to the CBC for that purpose.

⁴ The CBC assigns each mandate in written form; in urgent cases, it can assign the mandate orally and later confirm it in writing.

¹ Relations with foreign authorities responsible for security tasks are the responsibility of the Confederation.

² The cantons may cooperate with the foreign police authorities responsible for security matters in the border regions.

¹ The Federal Council may, after consulting the CBC, prohibit a natural person, an organization or a group from engaging in an activity that is directly or indirectly used to propagate, support or otherwise promote Acts relating to terrorism or violent extremism, and specifically threatening the internal or external security of Switzerland. The scope of the prohibition and its contents are precisely described.

² A ban may be imposed for up to five years. It can be extended for five years in five years as long as the conditions set out in para. 1 are still completed. The Federal Council regularly reviews the validity of the conditions. When these are no longer fulfilled, the Federal Council lifts the ban.

³ The prohibition on carrying on an activity may be appealed to the Federal Administrative Court. The decision of the court may be appealed to the Federal Court.

⁴ In the case of surplus, the procedure is governed by the general provisions on the federal procedure.

The CBC and fedpol shall inform the other security bodies of the Confederation and the cantons, as well as the federal bodies which cooperate in security tasks, of all the facts likely to jeopardise the internal security in their field.

¹ In order to present the domestic security situation, the CBC operates an electronic system in which it processes data on events and measures for the maintenance of internal security. It may enter into the system personal data, including sensitive data, provided that it is essential for the presentation of the situation.

² The competent federal and cantonal authorities shall use the system in the management of their tasks and the dissemination of information for the implementation of security measures and in the application of security measures, in particular In the event of events likely to result in violence.

³ Data processing shall be carried out by the services of the CBC competent for the application of this Law and by the competent cantonal authorities to the extent necessary for the performance of their tasks. The CBC shall examine the accuracy and relevance of the data used and correct or erase the inaccurate or irrelevant data.

⁴ The Swiss security and police authorities have online access to the system within the limits set out in Art. 17 and for the purposes mentioned in para. 2. In special events and on an exceptional basis, the CBC may also make the system available to private services and foreign police and security authorities within the limits set out in s. 17, para. 2 to 5, for the purposes mentioned in para. 2 and for a limited duration. Access is limited to the data that these services and authorities need to carry out their tasks in relation to the control of the particular event in question.

⁵ The Federal Council regulates the rights of access and the principles governing the retention and erasure of data.

¹ The Federal Council regulates by way of order the facts and findings which the cantons and the authorities and offices mentioned in Art. 13 are required to announce spontaneously. It sets out the scope of the duty of information and the procedure for the disclosure of information.

² The DDPS, in a confidential list, itemizes the transactions that must be announced to the CBC but cannot be published because they must be kept secret. ¹

³ For surveillance purposes, it shall include in a confidential list organisations and groupings which, on the basis of concrete indicators, are suspected of threatening internal or external security. There is also suspicion when an organization or group is on a list drawn up by an international organization dedicated to collective security such as the United Nations or a supranational community such as The European Union. ²

⁴ All findings related to the activities of the organizations and groups referred to in para. 3 or their representatives must be announced to the CBC. ³

⁵ Organizations and groupings are removed from the list when they are no longer on any international list according to para. 3 and that they are no longer specifically suspected of threatening the internal or external security of Switzerland. ⁴

⁶ The Federal Council designates by order:

A.

International organisations and supranational communities whose lists must be taken into account when registering names in the list referred to in par. 3;

B.

The criteria according to which the list is checked regularly. ⁵

⁷ The DDPS submits each year the lists referred to in paras. 2 and 3 to the Federal Council for approval and then, for information, to the Delegation of the Management Commissions. ⁶

Cantons spontaneously disclose information to the CBC when they identify concrete threats to internal or external security. They also provide the information they are required to disclose because of their general information mission (art. 11) or warrants from the CBC.

¹ The following authorities and offices are required to provide information to the CBC or the Cantons for the CBC:

A.

Criminal prosecution services, police services, border guards and customs authorities;

B.

Military security, military intelligence and military controls;

C.

Police authorities of foreigners and other federal and cantonal authorities responsible for the entry and residence of aliens and asylum;

D.

The administrative units of the Confederation who cooperate in security tasks;

E.

Residents' controls and other public registers;

F.

Competent authorities for diplomatic and consular relations;

G.

Competent authorities to issue the authorization to transport certain goods.

^1bis The service responsible for the monitoring of correspondence by post and telecommunications communicates to the CBC, pursuant to s. 14, para. 2 ^Bis , of the Federal Act of 6 October 2000 on the monitoring of correspondence by post and telecommunications ¹ , information about users of connections, addressing resources and connection types. ²

² They spontaneously disclose information to the CBC when they identify concrete threats to internal or external security. They also provide information in accordance with their general information mission (s. 11) or SRC warrants in specific cases.

³ The Federal Council may require other authorities, services and organisations performing public service tasks to transmit for a specified period the information necessary to detect or prevent a specific danger threatening the Internal or external security arising from violent extremism or prohibited economic intelligence. ³

⁴ ... ⁴

¹ Authorities and services not mentioned in s. 13, para. 1, and organisations carrying out public service tasks have the obligation, in particular cases, to transmit to the CBC or the cantonal security bodies to the CBC, the information necessary to detect or prevent a danger In the case of internal or external security, where the danger meets the following conditions:

A.

It threatens to undermine an important legal good, such as life, bodily integrity, freedom or the existence and functioning of the State;

B.

It results:

1.

Activities aimed at influencing or modifying the structures of the state and society, which may be carried out or favoured by the commission of serious offences or by the threat and spread of fear and Terror,

2.

Activities related to political or military intelligence prohibited within the meaning of s. 272, 274 and 301 of the Penal Code ² ,

3.

The dissemination of nuclear, chemical and biological weapons, including their means of delivery and all civilian and military goods necessary for their manufacture.

² The tax authority subject to the legal obligation to keep the secret also has an obligation to provide information provided for in para. 1. The CBC briefly states to the required authority what the specific danger is and how the information on the tax situation of the person, whose tax secrecy is to be lifted, is used to detect and prevent this danger. His written request includes the natural or legal person concerned, the requested information and the decisive period. The required authority has the obligation to remain silent to third parties about the request and the information that may be disclosed.

³ The Federal Council designates in an order organizations that are required to provide information. This applies in particular to organisations of public or private law external to the federal administration which issue legislative acts or decisions of first instance within the meaning of Art. 5 of the Federal Act of 20 December 1968 on administrative procedure ³ Or who perform the tasks of the execution of the Confederation; the cantons are excepted.

⁴ When the CBC learns from the information referred to in paras. 1 and 2 that a person concerned or a third party has committed an offence, he or she may transmit to the criminal prosecution authorities only those information which can be exploited to elucidate serious offences (art. 141, para. 2 of the Code of Criminal Procedure ⁴ ).

⁵ Authorities and services not mentioned in s. 13, para. 1, and organizations carrying out public service tasks may spontaneously communicate information to the CBC or to the cantonal security bodies for the CBC when they see a concrete danger to internal security or Outside the meaning of para. 1.

¹ The Joint Supervisory Authority shall decide disputes relating to the obligation to provide information provided for in Art. 13 and 13 A , which opposed the CBC to a unit of the central federal government. It takes a final decision.

² In the event of disputes concerning the obligation to provide information under s. 13 and 13 A Between the CBC or the cantonal security bodies to an authority, an administrative unit of the decentralised federal administration, a cantonal administrative unit or an organisation carrying out public service tasks, the Procedure is governed by s. 36 A The Act of 17 June 2005 on the Federal Administrative Tribunal ² .

¹ The CBC or the cantonal security bodies acting for the benefit of the CBC may, in circumstances of this case, apply to natural or legal persons who carry out commercial transport or make available or provide means of transport of Provide information about a particular benefit if it is necessary to detect or prevent a specific danger to indoor or outdoor security within the meaning of s. 13 A , para. 1.

² The CBC's decisions to provide information according to para. 1 may be appealed to the Federal Administrative Tribunal. The decision of the court may be appealed to the Federal Court.

³ When the CBC learns from the information referred to in para. 1 that a person concerned or a third party has committed an offence, he or she may transmit to the criminal prosecution authorities only those information which can be exploited to elucidate serious offences (art. 141, para. 2 of the Code of Criminal Procedure ² ).

Professional secrecy protected by the law is guaranteed.

¹ The police authorities and the customs authorities shall seize, independently of its quantity, its nature and type, material which may be used for propaganda purposes and whose content encourages, in a concrete and serious manner, to use Violence against people or objects.

² They transmit the material to the CBC. Fedpol decides on the receiver and forfeiture after consultation with the CBC. The Federal Act of 20 December 1968 on Administrative Procedure ² Is applicable.

³ The competent collaborators of the SRC or fedpol who find such material can also enter it directly.

⁴ In case of suspicion of a punishable act, the authority responsible for the seizure shall forward the material to the competent criminal authority.

⁵ If the propaganda material referred to in para. 1 is broadcast via the internet, fedpol can, after consulting the CBC:

A.

Order the removal of the site concerned if the propaganda material is on a Swiss server;

B. Recommend that Swiss access providers block the site if the propaganda material is not on a Swiss server.

¹ The security bodies of the Confederation and the cantons shall seek the information necessary for the performance of the tasks set out in this Law. They may search for this information without the knowledge of the data subject.

² Personal data may be collected through:

A.

The operation of publicly available sources;

B.

Requests for information;

C.

Consultation of official documents;

D.

The receipt and operation of communications;

E.

Investigations into the identity or place of residence of persons;

F.

Observation of facts, including recordings of images and sounds, in public and freely accessible places;

G.

The survey of travel and people's contacts.

³ The use of coercive measures provided for in the criminal procedure is permitted only in the context of a judicial investigation procedure or preparatory inquiry. The same applies to the observation of facts in private premises.

¹ Informants are persons who regularly or occasionally communicate to the CBC information that is relevant to the performance of the tasks covered by this Act.

² The CBC may reimburse the costs incurred by informants for the acquisition of information and award of premiums for the provision of particularly valuable information.

³ To the extent that the protection of sources and the acquisition of other information so require, the allowances and premiums shall not be regarded as taxable income or as income within the meaning of the Federal Act of 20 December 1946 on Old Age and Survivor Insurance ² .

¹ In order to protect the lives and the bodily integrity of informants, the CBC is taking or funding protective or rehousing measures. It can also take measures to enable informants to stay or settle in Switzerland or abroad.

² Measures may also be taken in favour of those close to the informants.

³ The head of the DDPS can empower the CBC to provide informants with a loan identity at the end of their collaboration when it is essential to protect the lives and the bodily integrity of the individuals involved. The CBC, in agreement with the latter, establishes the conditions for the use of their loan identity.

⁴ The measures provided for in paras. 1 to 3 are limited in time. Exceptionally, the head of the DDPS may disregard any limitation in time or transform time-limited measures into measures of unlimited duration where the risks to the persons concerned are particularly high and Supposed to be sustainable. In the case of measures of unlimited duration, the department regularly examines the validity of the conditions. Where these are no longer fulfilled, the Committee shall lift the measures within an appropriate time limit.

¹ The head of the DDPS may, upon request, authorize the CBC to provide the following persons with a loan identity to ensure their security or the acquisition of information:

A.

Collaborators of the CBC;

B.

The employees of the cantonal security bodies mandated by the Confederation;

C.

CBC informants as part of a specific operation.

² The duration of the clearance is limited as follows:

A.

Five years for CBC staff or cantonal security agencies; if necessary, this period may be extended by three years in three years;

B.

Twelve months for CBC informants; if necessary, this period can be extended by six months in six months.

³ The use of the identity of a loan is permitted only when the information sought meets the following conditions:

A.

They relate to a specific threat of internal or external security;

B.

They relate to one of the following areas:

1.

Terrorist activities,

2.

Activities related to political, economic or military intelligence prohibited within the meaning of s. 272 to 274 and 301 of the Penal Code ² ,

3.

The dissemination of nuclear, chemical and biological weapons, including their means of delivery and all the civilian and military goods necessary for their manufacture,

4.

Violent extremism, either carried out by organisations whose representatives reject democracy, human rights or the rule of law and who, in order to achieve their goals commit acts of violence, advocate or Encourage;

C.

They are necessary and appropriate for one of the following reasons:

1.

The acquisition of information referred to in Art. 14 has not been successful or would be, without the use of a borrowing identity, doomed to failure or made more difficult in a disproportionate manner;

2.

The seriousness and type of threat to the persons employed to acquire information according to para. 1 justifies it in view of the threat to an important legal good such as life or bodily integrity;

D.

They are not disproportionate to the intended purpose.

⁴ The Director of the CBC verifies whether the terms of a commitment under a loan identity are met. If this is the case, it will submit the application under para. 1 to the head of the department, who may take the following measures:

A.

Approve it;

B.

Approve it with additional restrictions or charges;

C.

Reject it;

D.

Return it to the CBC for completeness.

⁵ The procedure for an extension of the authorization to use a loan identity is governed by paras. 3 and 4.

⁶ Identity, securities and other documents may be manufactured or modified to meet the needs of the CBC in order to establish or secure borrowing identities. The competent federal, cantonal and communal bodies cooperate with the CBC.

⁷ The CBC takes the necessary measures to protect debt identities.

¹ Safety bodies assess the accuracy and importance of the information. They destroy inaccurate or unnecessary information and inform the service that communicated them if it is another security body.

² They may deal with sensitive data and establish personality profiles only in accordance with the order; the Federal Council shall take into account, in particular, the type of suspicion and the risks of treatment for the person concerned.

³ The CBC is using an electronic information system to process data for which rapid access must be guaranteed on an ongoing basis. This system can be made available online only to persons performing tasks defined by this Act within the CBC, to the police and criminal prosecution authorities of the Confederation and to the security bodies of the cantons. The Federal Council lays down the conditions for the connection of the cantons' security bodies. The DDPS rules the system access rights. ¹

⁴ The information system must be managed separately from the other information systems of the police or administration. ²

⁵ The Federal Council determines the different categories of data, sets maximum data retention periods and ensures, inter alia, that the unreliable data are periodically reviewed in order to determine whether they are still Necessary to carry out the tasks defined in the law. Otherwise, they must be deleted from the information system. An internal control of data protection ensures the quality and relevance of data.

⁶ ... ³

¹ The cantons shall treat in accordance with the requirements of the Confederation the data they receive during the execution of this Law. They keep them separate from the cantonal data.

² Where the cantonal security bodies manage their own automated information system, the requirements of the information system of the Confederation shall apply mutatis mutandis. The operating regulations for the cantonal system must be approved by the DDPS ¹ .

³ Where the cantonal security bodies process data under this Law, they shall be subject to the Federal Law on Data Protection. The powers of supervision provided for in the cantonal law are reserved.

¹ The Federal Council designates by order the addressees carrying out a public service task in Switzerland to which the CBC may, in special cases, disclose personal data where necessary for the maintenance of the Internal or external security or control of the performance of the duties of the CBC. ... ¹

^1bis The information acquired shall be made available without delay to the other authorities where they can be used to prosecute or combat organised crime, there is sufficient suspicion and a monitoring of correspondence by post and Telecommunications (art. 269 of the Code of Criminal Procedure ² ) Could have been ordered for the prosecution of the criminal acts. ³

^1ter In all other cases, a transmission may be deferred where a preponderant public interest in the maintenance of Switzerland's internal or external security or the protection of private interests outweighs the interest in the criminal prosecution. ⁴

² The disclosure of personal data to individuals is permitted only:

A.

If it is in the undoubted interest of the person concerned and the person concerned has given his consent or the circumstances indicate that the person concerned would have been given;

B.

It is necessary in order to avoid a serious immediate danger;

C.

If it is necessary to motivate a request for information.

³ The CBC may, in special cases, disclose personal data to security bodies of States with which Switzerland maintains diplomatic relations where a law or an approved international convention provides for it or if:

A.

Information is necessary to prevent or elucidate a crime or an offence when this offence is also punishable in Switzerland;

B.

A Swiss request for information must be substantiated;

C.

The communication is in the interest of the person concerned and the person has consented to it or the circumstances permit the presumption of agreement;

D.

Communication is essential for safeguarding important interests linked to the security of Switzerland or the receiving State;

E. ⁵

The requesting State shall provide in writing the agreement of the person concerned and shall have the opportunity to determine whether that person may cooperate in classified projects of the foreign country in the field of internal and external security or have Access to classified information, equipment or facilities in the foreign country.

⁴ Communication abroad may not take place if the person concerned risks a double conviction or serious harm to his life, bodily integrity or freedom within the meaning of the Convention for the Protection of Human Rights and Fundamental freedoms, of 4 November 1950 ⁶ As a result of the transmission of these data.

⁵ If the disclosure of personal data is required in a proceeding, the relevant provisions relating to mutual legal assistance shall apply. The protection of the sources of the intelligence service must be ensured. The identity of a source in Switzerland may be communicated to the Swiss criminal prosecution authorities if that person is suspected of having committed a criminal offence prosecuted ex officio or if such communication is essential for the elucidation of a criminal offence. Serious offence. In the event of a dispute, the Federal Criminal Court shall decide. ⁷

⁶ The security bodies of the cantons can only communicate the data they have received from the Confederation to other cantonal services and only in accordance with the principles laid down by the Federal Council.

⁷ ... ⁸

¹ The right of access is governed by art. 8 and 9 of the Federal Data Protection Act of 19 June 1992 (HPA) ² , subject to paras. 2 to 8.

² When a person asks if the CBC is dealing with the data in the information system provided for in s. 15 al. 3, the CBC differs from its answer in the following cases:

A.

The data processed relates to preponderant, duly motivated and recorded interests that require secrecy to be maintained:

1.

When required for early detection and control of hazards associated with the following activities:

A.

Terrorism,

B.

The prohibited information service,

C.

Violent extremism,

D.

Preparatory acts relating to the illicit trade in weapons and radioactive substances,

E.

Illegal transfer of technology;

2.

In the case of a criminal prosecution or other educational procedure;

B.

The overriding interest of a third party;

C.

No data about it is processed.

³ Where appropriate, the CBC shall inform the person concerned of the postponement of its reply; it shall inform the person concerned that it may request the Federal Data Protection Officer and the transparency it shall verify if any data relating to it is processed In accordance with the law and if overriding interests relating to the maintenance of secrecy justify the postponement.

⁴ The Federal Data Protection and Transparency Commissioner shall carry out the verification requested and shall indicate to the person concerned: either that no data concerning him or her is being illegally processed, or that he has found an error in relation to the The processing of the data or the postponement of the response and has directed the CBC to remedy it under s. 27, LPD. He also informs him of his right to ask the Federal Administrative Court to verify his communication or the execution of the recommendation he has issued.

⁵ Art. 27, para. 4 to 6, HPA applies mutatis mutandis to the recommendation of the Federal Data Protection Officer and to the transparency referred to in para. 4.

⁶ The Federal Administrative Court shall carry out the verification requested and shall inform the person concerned. In the event of an error in the processing of the data or the postponement of the reply, he shall address to the CBC a decision ordering it to remedy the error. The procedure is the same when the recommendation of the Federal Data Protection and Transparency Commissioner is not observed. The Court of Justice may appeal against that decision before the Federal Court.

⁷ The communications referred to in paras. 3 to 6 are always worded identically and are not motivated. They are not subject to appeal.

⁸ The CBC shall inform the applicants of the information they have requested under the HPA, provided that the interests relating to the maintenance of secrecy may no longer be invoked, but at the latest after the expiry of the retention period, for As long as this does not result in excessive volume of work. Persons for whom no data has been processed are advised by the CBC no later than three years after receipt of their application.

⁹ The Federal Data Protection and Transparency Prelay may recommend that the CBC immediately and exceptionally provide the requested information as long as it does not constitute a threat to internal security or External.

¹ The Federal Council may provide for security checks in respect of officers of the Confederation, members of the military, members of civil protection and third parties working on classified projects relating to internal or external security, which, in Their activity: ¹

A.

Have knowledge, on a regular and thorough basis, of the government's activity or important security policy files on which they can exert influence;

B.

Have regular access to internal or external security secrets or information whose disclosure could threaten the fulfilment of important tasks of the Confederation;

C. ²

Have, as military members or members of civil protection, access to classified information, equipment or facilities;

D.

Cooperate, as contract partners or employees of the latter, on classified projects of the Confederation or must be subject to scrutiny under the protection of secrets conventions;

E.

Have regular access to sensitive personal data, the disclosure of which could seriously affect the individual rights of the persons concerned.

² The cantons may also impose security checks on their agents when they cooperate directly with the tasks of the Confederation defined by this Law. They may apply for the CBC.

³ Security screening is conducted prior to appointment to the function or assignment of the mandate; in the case of appointments by the Federal Council, prior to the proposed appointment or assignment of the function. The person subject to control must consent to the execution of the person; s. 113, para. 1, let. D, of the Act of 3 February 1995 on the army ³ Is reserved. The Federal Council may provide for the periodic repetition of the control. ⁴

⁴ The Federal Council adopts a list of functions which, within the federal administration and the military, involve the subjection of their holder to a security check. The heads of departments and the Chancellor of the Confederation may exceptionally control persons whose function corresponds to the definition of para. 1, although not yet on the list.

¹ The control consists of collecting data relevant to the safety of the person concerned, in particular his close personal links and family relations, his financial situation, his relations with Foreign and illegal activities that threaten internal and external security. No data is collected on the exercise of constitutional rights.

² Data can be collected:

A.

Through the CBC, from the registers of the security and criminal prosecution bodies of the Confederation and the cantons, as well as the criminal record;

B.

From the registers of the cantonal offices of the prosecution and the bankruptcies, as well as the controls of the resident;

C. ¹

By investigations of persons subject to supervision by the competent cantonal police forces on the mandate of the supervisory authorities (Art. 21, para. 1);

D. ²

By requesting information from the relevant criminal prosecution bodies relating to criminal proceedings in progress, closed or closed, as well as judicial and investigative files concerning such proceedings;

E.

Through the hearing of third parties, if the person concerned has consented to it;

F.

Through the hearing of the person concerned.

¹ The Federal Council appoints the supervisory authorities that carry out the security checks in cooperation with the CBC. They don't get instructions. ¹

² The supervisory authority shall inform the person under control of the outcome of the investigations and of the assessment of the security risk. The person subject to the supervision may, within ten days, become acquainted with the documents relating to the control and request the correction of the erroneous data; in the case of the files of the Confederation, it may also request the removal of Obsolete data or the addition of a correction request. Art. 9 LPD ² Is applicable to the restriction of the disclosure of information. ³

³ Where the security declaration is not issued or is subject to reservations, the person concerned may appeal to the Federal Administrative Court. ⁴

⁴ The supervisory authority shall submit in writing its assessment of the security risk to the decision-making body responsible for the appointment or assignment of the mandate. The decision-making body is not bound by the assessment of the supervisory authority. The Federal Council regulates the powers of security checks within the meaning of Art. 19, para. 1, let. D. ⁵

⁵ The Federal Council shall lay down the details of the security check, in particular the rights of consultation of the persons concerned and the appointing authority, as well as the retention, subsequent use and disposal of the data. ... ⁶

¹ Fedpol ¹ Ensures, in cooperation with the cantonal authorities, the protection of the authorities and the buildings of the Confederation, as well as the protection of persons and buildings of which the Confederation must guarantee security under international law Public.

² The Federal Council may entrust tasks of protection to state services or to private services.

³ It may employ other agents specially trained for these tasks or, in the event of a need or increased threat, make them available to the cantonal authorities, after consultation with the cantonal governments.

⁴ Persons responsible for the protection of persons, authorities and buildings under this Law may, if their mandate so requires and in so far as the interests to be protected justify it, make use of coercion and measures Police. The Law of 20 March 2008 on the Use of Restraint ² Is applicable. ³

¹ The Federal Council designates:

A.

Persons benefiting from protective measures;

B.

The Confederation Buildings in which the protection of persons and installations is ensured by the staff of fedpol;

C.

Buildings and events for which the tasks of protection are entrusted to other services.

² In all buildings housing federal authorities, the law of the police (art. 14 of the PMQ of 26 March 1934 on the political and police guarantees in favour of Confederation, LGar ¹ ) Is exercised by the heads of departments, groups, offices or other federal authorities who are installed in them. They shall take the appropriate protective measures after agreement with fedpol.

³ The cantons shall ensure the protection of other assets of the Confederation to the extent provided for in Art. 11 LGar.

⁴ The authorities of the Confederation responsible for construction set out the architectural and technical protection measures of agreement with fedpol and the departments, groups, offices and other federal authorities occupying the premises.

⁵ The Federal Department of Justice and Police establishes a coordinating committee to draw up the master plan for art. 5, para. 1, let. B, coordinate important measures and support fedpol in the execution of its tasks. ²

The cantons shall, after consultation with fedpol, take the measures necessary for the fulfilment of the protection obligations incumbent upon Switzerland under international public law; where necessary, they shall cooperate with the services of Security of international organisations or diplomatic missions established on their territory or with foreign police authorities competent for security issues in border regions.

¹ Fedpol manages an electronic information system in which data relating to people who displayed violent behaviour during sporting events organised in Switzerland or abroad are seized.

² Information relating to persons against whom a ban on travel to a particular country, a measure arising from the cantonal law and linked to acts of violence committed during sporting events or other measures such as Prohibitions on entering stadiums may be entered into the information system in the following cases: ¹

A.

The measure has been delivered or confirmed by a judicial authority;

B.

The measure was pronounced as a result of a punishable act which has been denounced to the competent authorities;

C.

The measure is necessary to ensure the safety of persons or the sporting event considered and it may be made likely that the measure is justified.

³ The electronic information system may contain the following data: photo; surname; first name; date of birth; place of birth; place of origin; address; type of measure taken and reason for measurement (p. Ex. Conviction, criminal investigation, police communications, video recordings); authority that ordered the action; violations of the measures; organizations and events.

⁴ The authorities and offices referred to in Art. 13 which have the information referred to in para. 1 are required to transmit them to fedpol.

⁵ Administrators can process sensitive data to the extent that their tasks require it.

⁶ Fedpol determines whether the information transmitted to it is accurate and important within the meaning of para. 2. It destroys those that are inaccurate or that are not important and inform the sender.

⁷ The information system may be consulted online by the services of fedpol responsible for the implementation of this Law, by the cantonal police authorities, by the Swiss Observatory for Hooliganism (Observatory) and by the customs authorities. The Federal Council sets the conditions for the retention and deletion of data. It defines in detail the connection of the cantonal security bodies and the rule of access rights.

⁸ The implementing authorities may disclose personal data referred to in para. 1 to the organisers of sporting events in Switzerland if they are necessary to order measures to prevent violence during certain events. The recipients of the data are authorised to communicate them to third parties only in the context of the application of these measures. The Federal Council lays down detailed rules for the processing of data by recipients and third parties.

⁹ Fedpol and the observatory can provide personal data to police authorities and foreign security bodies. The communication is subject to the conditions set out in Art. 17, para. 3 to 5. The data can only be provided if the recipient guarantees that they will be used exclusively to order measures to prevent violence during sporting events. Source protection must be guaranteed.

¹⁰ The right to obtain information on the data contained in the information system and the right to have the data rectified are governed by Art. 5 and 8 of the Federal Law of 19 June 1992 on Data Protection ² . Fedpol shall inform the person concerned of the registration and the erasure of the data concerning it in the information system.

¹ A person may be subject for a specified period to a prohibition on leaving Switzerland to travel to a country under the following conditions:

A. ¹

A perimeter ban was imposed on him because during sporting events she was found to be involved in acts of violence directed against people or objects;

B.

His behaviour suggests that she will take part in acts of violence at a sporting event in the country of destination.

² A prohibition on travel to a given country may also be imposed against a person who is not subject to a perimeter ban, provided that concrete and recent evidence suggests that the person will take part in acts of Violence in the country of destination.

³ The ban on travel to a given country takes effect at the earliest three days before and ends no later than one day after the sporting event.

⁴ During the duration of the measure, it is forbidden to leave Switzerland for the purpose of travelling to the country of destination. Fedpol may grant exemptions if the person in question invokes fair grounds for staying in the country of destination.

⁵ Fedpol says it is banned from travelling to a particular country. The cantons and the observatory may request that such bans be imposed.

⁶ The prohibition of travel to a particular country is included in the computerized police search system (RIPOL; s. 15 of the PMQ of 13 June 2008 on the police information systems of the Confederation ² ). ³

Measures under s. 24 C May be ordered only against persons who are at least 12 years of age.

An appeal against a decision on the measures referred to in s. 24 C Has suspensory effect when it does not compromise the purpose of the measure and where the appeal authority or the judge expressly accepts the suspensive effect in an incident decision.

Parliamentary scrutiny is provided by the Delegation of Management Commissions in accordance with the Law of 23 March 1962 on the relationship between councils ¹ .

¹ The Federal Council ensures that the legality, timeliness and effectiveness of the CBC's activities are monitored. The SPB establishes an annual monitoring plan that it coordinates with parliamentary controls.

² The Federal Council approves the international administrative agreements concluded by the security services. These agreements are binding only after approval has been obtained.

³ The Federal Council shall lay down the minimum requirements for control applicable in the cantons. The cantons are responsible for carrying out the checks.

¹ The Federal Council shall provide, annually or as required, the Federal Chambers, the cantons and the public on its assessment of the threat and the activities of the security bodies of the Confederation.

^1bis The DDPS shall provide, annually or as required, the following information to the Federal Council and to the Delegation of Management Commissions:

A.

The number of newly issued and already used loan identities for CBC employees or cantonal security bodies acting for the CBC;

B.

The number and use made of the identities of the CBC informants. ¹

^1ter The Federal Council shall provide to the Delegation of the Boards of Management, on an annual basis or as required, information on the prohibitions against carrying out an activity which has been pronounced and on the results of the examinations carried out in accordance with Art. 9, para. 2. ^{2 3}

² The RFSP provides information to cantonal governments on the development of the threat.

³ The CBC shall provide ongoing information to the heads of the cantonal police departments and the security bodies on measures taken or planned under this Act.

¹ The Confederation shall reimburse the cantons for the benefits they provide on its mandate, in accordance with Section 3. The Federal Council determines the lump sum allowance on the basis of the number of persons essentially assigned to federal duties.

² The Confederation shall grant a fair compensation to the cantons which are to a large extent to perform protective duties within the meaning of Section 5, or in the event of extraordinary events.

³ The Confederation awarded financial support to the Swiss Police Institute in Neuchâtel for the benefits provided in favour of the Confederation.

The Confederation and the cantons are working together on training in the internal security sector, in particular through joint training offers.

The Federal Council shall be responsible for the application of this Law. It lays down the implementing provisions.

... ¹

¹ This Act is subject to an optional referendum.

² The Federal Council shall fix the date of entry into force.