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RS 235.21 Order of 7 June 2004 on the Ordipro information system of the Federal Department of Foreign Affairs (O Ordipro)

Original Language Title: RS 235.21 Ordonnance du 7 juin 2004 relative au système d’information Ordipro du Département fédéral des affaires étrangères (O Ordipro)

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235.21

Ordipro Information System Ordinance of the Federal Department of Foreign Affairs

(O Ordipro)

7 June 2004 (State 1 Er January 2010)

The Swiss Federal Council,

See art. 6 of the Federal Law of 24 March 2000 on the processing of personal data in the Federal Department of Foreign Affairs 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 This order regulates the operation of the Ordipro information system of the Federal Department of Foreign Affairs (Department).

2 Are processed in the Ordipro system the data concerning the beneficiaries referred to in Art. 2, para. 2, of the Act of 22 June 2007 on the Host State 1 . 2


1 RS 192.12
2 New content according to the c. 6 of the Appendix to the O of 7 Dec. 2007 on the host State, in force since 1 Er Jan 2008 ( RO 2007 6657 ).

Art. 2 Purpose and content of the information system

1 The Ordipro system is used to carry out the tasks entrusted to the competent authority for the service of the Protocol of the Department (Protocol) and the Permanent Mission of Switzerland to the United Nations Office and other organizations International in Geneva (mission), in accordance with the Vienna Convention of 18 April 1961 on diplomatic relations 1 , to the Vienna Convention of 24 April 1963 on Consular Relations 2 , as well as the headquarters agreements in accordance with Annex 1. In particular, it serves:

A.
Basic to the administrative treatment of matters relating to the accreditation and residence of the persons concerned;
B.
The establishment and management of the various categories of legitimation cards.

2 It includes the protocol and mission files.

3 The department has the authority to update Schedule 1.


Section 2 Data and data processing

Art. 3 Data

The protocol and mission process the following personal data in the Ordipro system:

A.
Names;
B.
First names;
C.
Date of birth;
D.
Private address and telephone number;
E.
Sex;
F.
Marital status;
G.
Nationality;
H.
Title and function;
I.
Employer (representation, international organization, other potential employer);
J.
Profession;
K.
Passport (type, validity, number);
L.
Predecessor's name;
M.
Date of arrival and departure;
N.
Date of entry into office;
O.
Type of work permit in Switzerland;
P.
Data on credentials;
Q.
Control plates and documents relating to the vehicle;
R.
Photos;
S.
Links between authorized persons and principal persons;
T.
Debts;
U.
Litigation, criminal, civil and administrative proceedings;
V. 1
An insured number within the meaning of s. 50 C Federal Act of December 20, 1946 on Old Age and Survivor Insurance 2 (AVS insured number);
W. 3
Place of birth.

1 Introduced by c. 6 of the Appendix to the O of 7 Dec. 2007 on the host State, in force since 1 Er Jan 2008 ( RO 2007 6657 ).
2 RS 831.10
3 Introduced by c. 6 of the Appendix to the O of 7 Dec. 2007 on the host State in force since 1 Er Jan 2008 ( RO 2007 6657 ).

Art. 3 A 1 Current entry for AVS insured number

If persons domiciled in Switzerland but do not yet have an insured number are registered in Ordipro, the services referred to in Art. 4 apply to the Old Age and Survivor Insurance Compensation Centre (CoC) for the attribution and disclosure of these persons' AVS insurance number. The procedure is governed by art. 133 Bis And 134 Cc The Old Age and Survivors Insurance Regulations of October 31, 1947 2 .


1 Introduced by ch. 3 of the Annex to the O of 21 Nov 2007 on the harmonisation of registers, in force since 1 Er Jan 2008 ( RO 2007 6719 ).
2 RS 831.101

Art. 4 Processing of personal data

1 Data for the persons referred to in s. 1, para. 2, are collected and processed by the protocol and mission. 1

2 In order to carry out their legal duties, the authorities of the Federal Customs Administration process in the Ordipro system the data of persons referred to in s. 1, para. 2. When processing these data, they are responsible for compliance with the data protection provisions.


1 New content according to the c. 6 of the Appendix to the O of 7 Dec. 2007 on the host State, in force since 1 Er Jan 2008 ( RO 2007 6657 ).

Art. 5 Data Access

1 Have a general right of access to data:

A.
The Political Directorate;
B.
Directorate of Public International Law;
C.
Border crossing points for border control;
D.
International organisations established in Switzerland, concerning the data of the persons they occupy and of the persons accompanying them.

2 Have a limited right of access to identity checks:

A.
The police authorities of the foreigners of the cantons and municipalities;
B.
The police services designated by the cantons and municipalities;
C.
The Federal Police Office (fedpol);
D.
The State Secretariat for Migration (SEM) 1 ;
E.
The Federal Customs Administration (AFD);
F.
The Geneva cantonal clearing fund;
G. 2
The Berne Clearing Fund;
H. 3
The Federal Intelligence Service.

3 The car services and traffic offices of the cantons have a limited right of access to vehicle control and the verification of the identity of drivers.

4 The extent of access granted to authorized authorities is set out in Schedule 2.


1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 Introduced by c. 6 of the Appendix to the O of 7 Dec. 2007 on the host State, in force since 1 Er Jan 2008 ( RO 2007 6657 ).
3 Introduced by c. 11 of the annex to the O of 12 Dec. 2008 ( RO 2008 6305 ). New content according to the c. II 11 of Annex 4 to the O of 4 Dec. 2009 on the Federal Intelligence Service, in force since 1 Er Jan 2010 (RO) 2009 6937).

Art. 6 Granting of individual access

The management of the Ordipro project grants employees access to the data an individual access authorisation. It shall monitor each year if the conditions of access to the Ordipro system laid down in Annex 2 are fulfilled.

Art. 7 Regular data communication

The data shall be regularly communicated to the following authorities and private institutions, so that they may carry out legal tasks:

A.
SEM;
B.
The tax authorities of the Confederation, the cantons and the municipalities;
C.
Federal Office for Social Insurance (OFAS);
D.
Federal Office of Public Health (FOPH);
E.
Persons providing benefits which, according to the headquarters agreements listed in Annex 1, are not subject to remuneration, VAT or customs duties to persons referred to in Art. 1, para. 2, in order to control whether the latter are entitled thereto;
F.
The statistical offices of the Confederation, the cantons and the municipalities, in an anonymous form;
G.
The authorities of the Confederation and the cantons responsible for collecting the exemption tax from the obligation to serve, only for Swiss citizens between 20 and 30 years of age;
H. 1
The services responsible for keeping the records of the inhabitants;
I. 2
The CoC for the assignment and communication of the AVS insurance number.

1 Introduced by c. 3 of the Annex to the O of 21 Nov 2007 on the harmonisation of registers, in force since 1 Er Jan 2008 ( RO 2007 6719 ).
2 Introduced by c. 3 of the Annex to the O of 21 Nov 2007 on the harmonisation of registers, in force since 1 Er Jan 2008 ( RO 2007 6719 ).

Art. 8 Communication of data to individuals

The data referred to in s. 3, let. A to i, m to q and s may be communicated to legal and physical persons who indicate a particular need.

Art. Communication of data in the context of mutual administrative assistance

1 The personal data entered into the Ordipro system can be made available to the authorities who need it to carry out their legal duties. They are communicated by the protocol or by the mission, according to the competences.

2 The protocol or mission may also provide lists if the requesting authority needs it to carry out its legal tasks and the processing of personal data is compatible with the objective set out in the law.

Section 3 Data protection and security

Art. 10 Right of access

1 Any person may apply to the competent authorities under s. 4, in writing and by justifying his or her identity, information about the data relating to it.

2 The information is provided in writing and free of charge.

3 The disclosure of the requested information may be refused, restricted or deferred, in accordance with s. 9 of the Federal Act of 19 June 1992 on Data Protection 1 .


Art. 11 Right of rectification

Any person may request that the incorrect data be corrected.

Art. 12 Duties of Due Diligence

1 The competent authorities under Art. 4 ensure, each in their fields, that personal data are processed in accordance with the requirements.

2 They ensure that personal data they enter into or communicate in the Ordipro system is accurate, complete and up-to-date.

Art. 13 Data security

1 The competent authorities under Art. 4 lays down a processing regulation; the latter lays down the technical and organisational measures and regulates the way in which data are processed.

2 They shall take, each in their fields, organisational and technical measures in accordance with the provisions on data protection.

3 Any data processing must be protected by individual user profiles and passwords.

Art. 14 Logging

Access to the Ordipro system is continuously logged. The log records are kept for three years.

Art. 15 Surveillance and coordination

1 The protocol and mission shall monitor the processing of personal data in the Ordipro system within the meaning of this order and the resulting directives.

2 They coordinate their activities with other authorities participating in the Ordipro system according to Art. 5.

3 They ensure that data protection and security are respected.

4 They shall ensure that the person responsible for making the legitimising cards complies with the data protection requirements and erases the personal data recorded on time.

Section 4 Data Retention, Archiving and Destruction

Art. 16 Data Retention Period

1 After the notification of the departure of a person, the data concerning it which are processed by the protocol and the mission are provided with the registration status "departure".

2 The personal data provided for the "departure" registration status is, after one year, available only for the protocol and mission.

3 After the five-year period, they are destroyed, provided that there are no outstanding cases within the meaning of s. 3, let. T and u.

4 The legitimising card manufacturer erases all data stored no later than 10 days after receiving it.

Art. 17 Obligation to provide data to the Federal Archives

Before destroying them, the protocol and mission provide the Federal Archives with the personal data they have processed.

Section 5 2 Final provisions

Art. 17 A Transitional provisions relating to the amendment of 21 November 2007

The AVS insured number of the persons already registered in Ordipro on the date of the first global allocation and the communication of the AVS insured number is seized. The procedure is governed by art. 133 Bis And 134 Cc The Old Age and Survivors Insurance Regulations of October 31, 1947 1 .


Section 6 3 Entry into force

Art. 18

This order shall enter into force on 1 Er July 2004.

Annex 1

(art. 2, para. 1)

Headquarters Agreements

Agreement on the Privileges and Immunities of the United Nations concluded between the Swiss Federal Council and the Secretary-General of the United Nations on 11 June/1 Er July 1946 (RS 0.192.120.1 );

Agreement of 17 November 1997 between the Swiss Federal Council and the States Parties to the Convention on Conciliation and Arbitration within the Organization for Security and Cooperation in Europe (OSCE) in order to determine status In Switzerland of the Court of Conciliation and Arbitration within the OSCE (RS 0.192.120.193.1 );

Agreement of 10 March 1955 between the Swiss Federal Council and the World Meteorological Organisation to settle the legal status of this organisation in Switzerland (RS 0.192.120.242 );

Exchange of letters of 5 February/22 April 1948 concerning the legal status in Switzerland of the Universal Postal Union (RS 0.192.120.278.3 );

Agreement of 22 July 1971 between the Swiss Federal Council and the International Telecommunication Union to settle the legal status of this organisation in Switzerland (RS 0.192.120.278.41 );

Agreement of 21 August 1948 between the Swiss Federal Council and the World Health Organisation to settle the legal status of this organisation in Switzerland (RS 0.192.120.281 );

Agreement of 11 March 1946 between the Swiss Federal Council and the International Labour Organisation to settle the legal status of this organisation in Switzerland (RS 0.192.120.282 );

Agreement of 28 September 1971 between the Swiss Federal Council and the Inter-Parliamentary Union to settle the legal status of this organisation in Switzerland (RS 0.192.121.71 );

Agreement of 9 December 1970 between the Swiss Federal Council and the World Intellectual Property Organisation to determine the legal status in Switzerland of this organisation (RS 0.192.122.23 );

Agreement of 17 November 1983 between the Swiss Federal Council and the International Union for the Protection of New Varieties of Plants to determine the legal status in Switzerland of this Union (RS 0.192.122.25 );

Agreement of 15 November 1946 on the Legal Status in Switzerland of the International Bureau of Education (with Minutes) (RS 0.192.122.41 );

Agreement of 11 June 1955 between the Swiss Federal Council and the European Organisation for Nuclear Research to determine the legal status of this organisation in Switzerland (RS 0.192.122.42 );

Agreement of 19 March 1993 between the Swiss Federal Council and the International Committee of the Red Cross to determine the Committee's legal status in Switzerland (RS 0.192.122.50 );

Agreement of 29 November 1996 between the Swiss Federal Council and the International Federation of Red Cross and Red Crescent Societies to determine the legal status of the International Federation in Switzerland (RS 0.192.122.51 );

Agreement of 10 March 1976 between the Swiss Federal Council and the International Civil Protection Organization to settle the legal status of this organisation in Switzerland (RS 0.192.122.52 );

Agreement of 2 June 1995 between the Swiss Confederation and the World Trade Organisation to determine the legal status of the Organisation in Switzerland (RS 0.192.122.632 );

Agreement of 10 August 1961 between the Swiss Federal Council and the European Free Trade Association to determine the legal status of this association in Switzerland (RS 0.192.122.632.3 );

Agreement of 18 May 1987 between the Swiss Federal Council and the International Bureau of Textiles and Clothing to determine the legal status of the Office in Switzerland (RS 0.192.122.632.5 );

Agreement of 10 February 1988 between the Swiss Federal Council and the Intergovernmental Organisation for International Carriage by Rail (OTIF) with a view to determining the legal status of this Organisation in Switzerland (RS 0.192.122.742 );

Agreement of 9 December 1976 between the Swiss Federal Council and the Association of the Iron Ore-exporting Countries to settle the legal status of this association in Switzerland (RS 0.192.122.931 );

Exchange of letters of 7 April/3 May 1954 concerning the legal status in Switzerland of the Intergovernmental Committee on European Migration (RS 0.192.122.935 );

Agreement of 10 February 1987 between the Swiss Federal Council and the Bank for International Settlements to determine the legal status of the Bank in Switzerland (RS 0.192.122.971.3 );

Agreement of 20 March 1997 between the Swiss Confederation and the South Centre to determine the legal status of the Centre in Switzerland (RS 0.192.122.972.11 ).


State 1 Er January 2010

Annex 2 1

(art. 5, para. 4)

Access Matrix


1 The text of this appendix is not published in the Official Collection of Federal Statutes and the systematic Collection of Federal Law. Extracts can be obtained from the Permanent Mission of Switzerland to the United Nations Office and other international organizations in Geneva, P.O. Box 194, 1211 Geneva 20.


State 1 Er January 2010