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RS 143.1 Federal Act of June 22, 2001 on the Identity Documents of Swiss Citizens (Identity Documents Act, IDL)

Original Language Title: RS 143.1 Loi fédérale du 22 juin 2001 sur les documents d’identité des ressortissants suisses (Loi sur les documents d’identité, LDI)

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143.1

Federal Law on the Identity Documents of Swiss Citizens

(Identity Documents Act, IDL)

22 June 2001 (State 1 Er January 2013)

The Swiss Federal Assembly,

See art. 38, para. 1, of the Constitution 1 , given the message of the Federal Council of 28 June 2000 2 ,

Stops:

Section 1 General provisions

Art. 1 Identity Documents

1 Every Swiss national has the right to an identity document of each type.

2 Documents of identity within the meaning of this Law shall attest to the Swiss nationality and the identity of their holder.

3 The Federal Council regulates the types of documents and the particulars of the identity documents of persons who enjoy privileges and immunities under the Vienna Convention of 18 April 1961 on diplomatic relations 1 And the Vienna Convention of 24 April 1963 on Consular Relations 2 .


Art. 2 Identity document content

1 Each identity document must contain the following data:

A. 1
Civil status name;
B.
First names;
C.
Sex;
D.
Date of birth;
E.
Place of origin;
F.
Nationality;
G.
Size;
H.
Signature;
I.
Photograph;
J.
Establishment authority;
K.
Date of establishment;
L.
Expiry date;
M.
Document number and type.

2 The particulars referred to in the let. A to d, f and k to m are also on the document in a form that allows an automated playback.

2bis The identity document can be equipped with a chip. The chip may contain the holder's photograph and fingerprints. The other data provided for in paras. 1, 3, 4 and 5 can also be stored in the chip. 2

2ter The Federal Council defines the types of identity documents with a chip and the data to be recorded there. 3 It guarantees the applicant the possibility to request an identity card without a chip. 4

2c These documents may also contain an electronic identity that can be used for authentication, signature and encryption. 5

3 The validity of the document may be restricted.

4 At the request of the applicant, the identity document may also include the name of an alliance, the name received in a religious order, the name of the artist or the partnership name, and the mention of specific signs such as handicaps, prostheses or implants. 6

5 The identity documents of minors may, upon request, include the names of their legal representatives.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
2 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
3 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
4 Phrase introduced by ch. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).
5 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
6 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 2 A 1 Security and reading of the chip

1 The chip must be protected against tampering and unauthorized reading. The Federal Council sets the technical requirements.

2 The Federal Council is authorised to conclude treaties with other States concerning the reading of fingerprints recorded in the chip, provided that the States concerned have data protection similar to that applied by the Switzerland.

3 It may authorize transport companies, airport operators and other appropriate services to verify the identity of persons to be read the fingerprints recorded in the chip.


1 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 3 Validity Period

The duration of validity of identity documents is limited. It is set by the Federal Council.

Section 2 Establishment, production, removal and loss of identity documents 3

Art. 4 Establishment Authority

1 The identity documents are established in Switzerland by the services designated by the cantons. The Federal Council may designate other services. If a canton has several authorities authorised to establish identity documents, it shall designate a responsible service. 1

2 In other countries, identity documents are drawn up by the services designated by the Federal Council.

3 The Federal Council regulates skills due to the location and subject matter.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 4 A 1 Applications for identity cards from the home town

1 The cantons may authorise the communes of domicile to receive requests for identity cards without a chip. It is then the responsible services designated by the cantons in accordance with Art. 4, para. 1, which is the establishment authority responsible for the review and processing of such applications.

2 The Federal Council may allow the cantons to allow the communes of domicile to receive requests for other types of identity cards.


1 Introduced by ch. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).

Art. 5 1 Request for establishment

1 The applicant presents himself in person to the service designated by his canton of residence or to a Swiss representation abroad in order to file a request for the establishment of an identity document. Minors and persons under curatelle of general scope 2 Must produce the authorization of their legal representative.

2 The Federal Council shall issue provisions relating to the application procedure and the procedure for the establishment of identity documents, in particular as regards:

A.
The data used and their source;
B. 3
The requirements to be submitted by the establishment authorities and, in respect of identity card applications, the home communes;
C.
Technical infrastructure.
D. 4
The manner in which home communes receive, process and transmit identity card requests addressed to them.

3 The Federal Council may, while taking into account international provisions and technical possibilities, provide for exceptions to the applicant's obligation to present themselves in person.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
2 New expression according to c. 2 of the annex to the LF of 19 Dec. 2008 (Protection of the adult, right of persons and right of filiation), in force since 1 Er Jan 2013 ( RO 2011 725 ; FF 2006 6635 ). This amendment has been taken into account throughout this text.
3 New content according to the c. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).
4 Introduced by c. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).

Art. 6 Decision

1 Home communes examine the requests for identity cards addressed to them, including the identity of the applicant, and forward them to the cantonal authority for the establishment of identity documents. 1

1bis The establishment authority shall examine whether the data on the applications transmitted to it and the data filed with it are accurate and complete and control the identity of the applicant. 2

2 It shall rule on the application. If it agrees to establish the identity document, it will charge the designated centre for this purpose. It shall provide it with the necessary data. 3

3 The establishment of an identity document is refused:

A.
If it is contrary to a decision based on federal or cantonal law taken by a Swiss authority;
B.
If the applicant has filed his or her identity documents with a prosecution or criminal enforcement authority.

4 The establishment of an identity document shall be refused in agreement with the competent authority where the applicant is the subject of an arrest warrant for a crime or a crime reported in the computerized police search system (RIPOL).

5 The establishment of an identity document is refused when the applicant files his application in a foreign state and is prosecuted or convicted in a foreign state for an offence which constitutes a crime or an offence under Swiss law And that there is reason to fear that he may wish to avoid criminal prosecution or the execution of the sentence. The establishment of the identity document is not refused when the consequences of the sentence are incompatible with the Swiss public order. 4


1 New content according to the c. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).
2 Introduced by ch. I of the LF of 17 June 2011 (Request for non-biometric identity cards from the municipality of residence), in force since 1 Er March 2012 ( RO 2011 5003 ; FF 2011 2137 2151).
3 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
4 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 6 A 1 Centres responsible for producing identity documents, general companies, service providers and suppliers

1 The centres responsible for producing the identity documents and the general undertakings involved must prove that they meet the following conditions:

A.
They have the necessary knowledge and qualifications;
B.
Ensure high safety and quality in the production of identity documents and ensure compliance with deadlines and specifications;
C.
Ensuring compliance with data protection;
D.
They have sufficient financial resources.

2 Economic beneficiaries, persons holding interests in the undertaking, who are members of the board of directors, of a comparable body or of management, as well as other persons exercising or being able to exercise Decisive influence on the company or on the production of identity documents must have a good reputation. They may be subject to security checks in accordance with Art. 6 of the Ordinance of 19 December 2001 on security checks on persons 2 .

3 The Federal Police Office may, at any time, require the documents necessary for the verification of the conditions mentioned in paras. 1 and 2. If the centre responsible for producing the identity documents is part of a group of companies, these conditions apply to the whole group.

4 The provisions set out in paras. 1 to 3 are applicable to service providers and suppliers where the benefits provided are of decisive importance in the production of identity documents.

5 The Federal Council determines the other conditions applicable to the centres responsible for the production of identity documents, general undertakings, service providers and suppliers.


1 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
2 [ RO 2002 377 , 2005 4571, 2006 4177 art. 13,4705 Ch. II 1, 2008 4943 ch. I 3 5747 annex, c. 2, 2009 6937 Annex 4, c. II 2. RO 2011 1031 art. 31 al. 1]. See currently O of 4 March 2011 (RS 120.4 )

Art. 6 B 1 Tasks of the Federal Police Office

1 In addition to the tasks set out in this Act and in the implementing provisions, the Federal Police Office shall carry out the following tasks:

A.
Ensure compliance with s. 6 A ;
B.
Inform Swiss and foreign services and issue directives concerning Swiss identity documents, subject to confidentiality and data protection interests;
C.
Inform individuals about Swiss identity documents and their institutions, subject to confidentiality and data protection interests;
D.
Providing information to the centres responsible for the production of identity documents and general undertakings and for issuing directives and ensuring compliance with the specifications;
E.
Monitor international developments in identity documents and take responsibility for the implementation of international standards;
F.
Managing the Public Key Infrastructure (PKI) for Swiss identity documents;
G.
Subject to special derogations, manage the service of the Confederation specialised in the field of identity documents and legitimising documents.

1 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 7 Withdrawing

1 An identity document is removed:

A.
Where the conditions relating to the establishment are not or are no longer met;
B.
Where the specific identification of the holder is no longer possible;
C.
When it contains inaccurate or unofficial listings or has been modified in a different manner.

2 The competent service of the Confederation 1 May, after consulting the competent prosecution or criminal enforcement authority, withdraw or invalidate an identity document when the holder is abroad and:

A.
Is the subject of criminal proceedings in Switzerland for a crime or an offence;
B.
Has been sentenced by a judgement handed down by a Swiss court and the sentence or action has not been imposed and is not prescribed.

1 Federal Police Office

Art. 8 Loss

Any loss of an identity document should be reported to the police. It records the loss in the RIPOL. The RIPOL automatically transmits the loss notice to the information system according to s. 11.

Art. Emoluments

1 The Federal Council regulates the liability and fixes the amount of the emoluments.

2 The amount of emoluments must be favourable to families with children. 1


1 Introduced by Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Section 3 Data processing

Art. 10 Principle

Data processing shall be governed by this Law by the Federal Law of 19 June 1992 on Data Protection 1 .


Art. 11 Information System

1 The Federal Police Office operates an information system. This system contains the personal data contained on the identity document and those recorded in it, as well as: 1

A. 2
The reference to the authority that produced the document and the centre that produced it;
B.
Place of birth;
C.
Other places of origin;
D.
The parents' names;
E.
The date of establishment of the first document and of the following documents and changes to the data referred to in the document;
F.
Data concerning the seizure, refusal of establishment, withdrawal, deposit or loss of the identity document;
G.
Registrations concerning measures for the protection of minors or persons under curatelle of general scope relating to the establishment of identity documents;
H.
The signature of the legal representative for minors' identity documents;
I.
Data relating to the loss of nationality, by the sole effect of the law or by decision of the authority;
J.
The particulars of the identity documents of persons who enjoy privileges and immunities under the Vienna Convention of 18 April 1961 on diplomatic relations 3 And the Vienna Convention of 24 April 1963 on Consular Relations 4 .

2 Data processing is used to establish identity documents; it is intended to avoid the unauthorized establishment of documents and any misuse. 5


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
2 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
3 RS 0.191.01
4 RS 0.191.02
5 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 12 1 Data processing and communication

1 In order to carry out the tasks assigned to them by the law, the following authorities and bodies are entitled to introduce data directly into the information system:

A.
The Federal Police Office;
B.
The authorities for the establishment of identity documents;
C.
The centres responsible for producing the identity documents.

2 In order to carry out the tasks assigned to them by the law, the following authorities and bodies are entitled to consult the information system online:

A.
The Federal Police Office;
B.
The authorities for the establishment of identity documents;
C.
The Border Guard Corps, exclusively for identity checks;
D.
The police services designated by the Confederation and the cantons exclusively for identity checks;
E.
The police services charged by the cantons to record declarations of loss of identity documents;
F.
The Confederation Police Service designated for the processing of identity verification requests from abroad, exclusively for identity checks.

3 Data from the information system can be transmitted for the identification of victims of accidents, natural disasters and acts of violence, as well as missing persons. The transmission of information to other authorities is based on the principles of administrative assistance.

4 The authorities designated in para. 2, let. C and d may also consult online the data of the information system on the basis of the name and biometric data of the data subject when the data subject cannot present an identity document.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 13 1 Obligation to advertise

1 The authority that issued the decision announces to the issuing authority of the relevant identity document:

A.
The decision to seize and remove identity documents;
B.
The filing of identity documents and the termination of the deposit;
C.
Measures for the protection of minors or persons under curatelle of general scope relating to the establishment of an identity document and the lifting of identity documents;
D.
Loss of nationality, by the sole effect of the law or by decision of the authority.

2 The authority for establishing the identity document introduces these data into the Confederation information system.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 14 Prohibition of holding parallel files

The holding of parallel files shall be prohibited except for the conservation, by the establishment authority, of the application forms, for a fixed period of time.

Art. 15 Implementing provisions

The Federal Council shall issue implementing provisions concerning:

A.
Responsibilities for the information system;
B.
Access and processing authorizations;
C.
Duration of data retention;
D.
Technical and organizational measures.

Section 4 Final provisions

Art. 16 1 Executing

The Federal Council shall rule the execution of this Law. If necessary, it shall take into account the provisions of the European Union and the recommendations and standards of the International Civil Aviation Organization (ICAO) applicable to identity documents.


1 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).

Art. 17 Referendum and entry into force

1 This Law shall be subject to the referendum.

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

Transitional provision of the amendment of 13 June 2008 5

No-chip identification cards may still be ordered in Switzerland under the old procedure with the municipality of domicile within two years of the entry into force of this amendment; the cantons shall fix the date From which they can be ordered only to the authorities for the establishment of identity documents.


1 RS 101
2 FF 2000 4391
3 New content according to Art. 2 hp. 1 of the FA of 13 June 2008 approving and implementing the exchange of notes between Switzerland and the European Community concerning the resumption of Regulation (EC) n O 2252/2004 on biometric passports and travel documents, in force since 1 Er March 2010 ( RO 2009 5521 ; FF 2007 4893 ).
4 Al. 1 of the O of 20 seven. 2002 ( RO 2002 3067 )
5 RO 2009 5521 ; FF 2007 4893


State 1 Er January 2013