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RS 120.52 Order of 4 December 2009 on the administrative police measures of the Federal Police Office and on the information system HOOGAN (OMAH)

Original Language Title: RS 120.52 Ordonnance du 4 décembre 2009 sur les mesures de police administrative de l’Office fédéral de la police et sur le système d’information HOOGAN (OMAH)

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120.52

Administrative Police Measures Ordinance of the Federal Police Office and the HOOGAN Information System

(OMAH) 1

On 4 December 2009 (State 1 Er February 2013)

The Swiss Federal Council,

Having regard to art. 24 A , para. 7 and 8, and 30 of the Federal Act of March 21, 1997, instituting measures for the maintenance of domestic security (SIMA) 2 , 3

Stops:

Section 1 General provisions

Art. 1 Purpose

This order shall rule:

A.
The execution of administrative police measures by the Federal Police Office (fedpol) on the basis of SIMA;
B.
The fedpol HOOGAN information system;
C. 1
...

1 Repealed by c. 1 of Appendix 2 to the O of 21 Nov 2012, with effect from 1 Er Jan 2013 ( RO 2012 6781 ).

Art. 2 1

1 Repealed by c. 1 of Appendix 2 to the O of 21 Nov 2012, with effect from 1 Er Jan 2013 ( RO 2012 6781 ).

Section 2 Administrative police measures relating to propaganda material

Art. 3

1 Fedpol decides the receiver and the confiscation of propaganda material within the meaning of Art. 13 E SIMA after consultation with the Federal Intelligence Service (CBC). 1

2 The authority conducting the seizure immediately forwards the propaganda material to the CBC and indicates the circumstances of the seizure, as well as the individuals and businesses involved.

3 Fedpol confiscated the propaganda material if the call for violence was concrete and serious.

4 Fedpol destroys confiscated equipment to the extent that it cannot be used for instructional purposes.


1 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Section 3 Administrative police measures against violence during sporting events

Art. 4 Violent behaviour

1 In particular, violent and violent behaviour occurs when a person commits or incites to commit, in the context of a sporting event, one of the following offences before, during or after the event: 1

A. 2
Offences against the life and bodily integrity referred to in s. 111 to 113, 117, 122, 123, 125, para. 2, 126, para. 1, 129, 133 and 134 of the Criminal Code (CP) 3 ;
B.
Damage to the property referred to in s. 144 CP;
C.
The constraint referred to in s. 181 CP;
D.
Intentional fire referred to in s. 221 CP;
E.
The explosion under s. 223 CP;
F. 4
The use of explosives or toxic gases referred to in s. 224 CP;
G. 5
Public provocation to crime or violence referred to in s. 259 CP;
H. 6
The riot referred to in s. 260 CP;
I. 7
Violence or threat against the authorities and officials referred to in s. 285 CP;
J. 8
The inability to perform an official act referred to in s. 286 CP.

2 Also considered to be violent behaviour is the threat to public safety by transporting or using weapons, explosives, war powder or pyrotechnic devices at sporting events, in their In the vicinity and when travelling in or out of these places.


1 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
2 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
3 RS 311.0
4 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
5 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
6 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
7 Introduced by c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
8 Introduced by c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Art. 5 Evidence of violent behaviour

1 The following are considered evidence of violent behaviour:

A.
Judicial decisions or police disclosures along these lines;
B.
Credible testimony or the views of the police, customs administration, security personnel or sports federations and associations;
C.
Stadium bans imposed by sports federations or associations;
D.
The communications of a competent foreign authority.

2 The testimony referred to in para. 1, let. B, must be filed in writing and signed.

Art. 6 Communication skills and responsibilities

1 The cantons and the authorities and offices mentioned in Art. 13 SIMA spontaneously communicate to fedpol the information and information relating to acts of violence perpetrated during sporting events.

2 The cantons also inform fedpol:

A.
Measures which they have imposed, lifted or amended concerning:
1.
A stadium ban,
2.
A perimeter ban,
3.
An obligation to report to the police,
4.
A police guard;
B.
Violations of the measures referred to in the Act; a;
C.
The perimeters they have delineated, as well as corresponding plans.

3 Fedpol determines the scale of the plans referred to in para. 2, let. C. 1


1 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Art. 7 Prohibition of travel to a particular country

1 Fedpol is responsible for ordering the bans to travel to a particular country.

2 The duration of the ban and the countries of destination concerned must be specified in the decision.

3 A sporting event begins with the first official event concerning it and ends with the last official event linked to it.

4 There is reason to believe that a person will be involved in acts of violence during a sporting event in a particular country, in particular when that person:

A.
Participated in acts of violence in Switzerland;
B.
Is already known because of information provided by foreign police services concerning participation in acts of violence abroad, or
C.
Is a member of a group that has already participated in violence in Switzerland or abroad.

5 The possibility of ordering a ban on travel to a particular country is also subject to the existence of evidence that the person or group is considering travelling abroad to attend the sporting event.

6 There are concrete and current elements that can motivate a ban on travel to a particular country, without a perimeter ban on violence committed during sporting events by a cantonal authority, When a person:

A.
Has, according to information from foreign police services, committed acts of violence abroad;
B.
Is a member of a group that has already participated on several occasions in violence in Switzerland or abroad, and
C.
Certainly intends to travel abroad, either alone or in groups, to attend a particular sporting event.

7 The prohibition on travel to a particular country shall be recorded in the Police Computerised Research System (RIPOL) and shall be communicated to the Swiss customs authorities and to the competent foreign police and customs authorities.

Art. 7 A 1 Prohibition of stadium, prohibition of scope and obligation to report to police

1 Fedpol may issue a recommendation to the organisers of sporting events to issue a stadium ban against a person who has committed an act of violence inside or outside the stadium during a demonstration Sports. The recommendation is accompanied by the necessary data within the meaning of s. 24 A , para. 3, LMSI.

2 It may also ask the cantonal police authorities to issue a perimeter ban or an obligation to report to the police.


1 Introduced by ch. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Section 4 HOOGAN information system

Art. 8 Data

1 The electronic information system HOOGAN allows the entry of data relating to persons who have committed acts of violence during a sporting event in Switzerland or abroad and against which a measure according to Art. 6, para. 2, let. A, or a prohibition on going to a particular country under s. 7 was decided. 1

2 Sports events and related events, as well as the townships delimited by the cantons, are seized in HOOGAN.


1 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Art. Permissions

1 The following authorities have access to HOOGAN exclusively for the following purposes:

A.
The following fedpol services:
1. 1
Hooliganism: for the exploitation of HOOGAN, the prohibition decisions to go to a given country, the exchange of information provided for by the law, and the assessment of the analysis and assessment of the situation,
2.
The fedpol commitment station: for the identification of persons in the event of violence during sporting events,
3.
The fedpol agent for data protection and information protection: for the processing of information and erasure requests related to HOOGAN;
B.
The staff of the cantonal police authorities responsible for preventing violence during sporting events: for perimeter prohibitions, the obligations to present themselves to the police and the guards, for the evaluation of the analysis and The assessment of the situation and the communication of personal data to the organisers of sporting events in Switzerland;
C.
The services of the cantonal police authorities: for the identification of persons in cases of violence during sporting events;
D.
The services of the Border Guard Corps (Cgfr) of the Federal Customs Administration (AFD): for the enforcement of the prohibitions to travel to a given country and enter Switzerland;
E.
The services of the Swiss Observatory for Hooliganism: for the preliminary examination of the communications received concerning the stadium bans and the reports on the sports events of the organisers of sporting events, as well as For requests for a ban on travel to a particular country, a ban on scope and the obligation to report to the police.

2 Full access or partial access to HOOGAN can be authorized. Full access allows reading, entering, editing, and clearing data. Partial access allows only the active data to be read in a concrete case. 2

3 Have complete access:

A. 3
Hooliganism;
B.
The Swiss Observatory for Hooliganism;
C.
Employees of the cantonal police authorities and the Cgfr responsible for preventing violence during sporting events.

4 Have Partial Access:

A.
The fedpol commitment plant;
B.
The fedpol agent for data protection and information protection;
C.
Cantonal police authorities;
D.
Cgfr.

5 The partial access of the cantonal police authorities and the Cgfr is through the interface of the RIPOL information system.

6 The data fields and processing fees are listed in the Annex. 4

7 The authorities mentioned in para. 1 ensure compliance with data protection and computer security provisions. 5

8 The head of the Hooliganism Section of fedpol, or his deputy, shall decide on the individual access requests of the authorities referred to in para. 1. 6

9 The responsibility of the HOOGAN system lies with the Hooliganism Section. 7


1 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
2 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
3 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
4 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
5 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
6 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
7 Introduced by ch. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).

Art. 10 Use and communication of data by sports event organizers

1 Organizers of sports events can only communicate the data recorded in HOOGAN to those responsible for the security of these events with the approval of the authority that provided the data and that in the perspective of The implementation of measures to combat violence during sporting events.

2 Security officials can only process the data in relation to the sports event designated by the authority. Data can be processed in people's electronic recognition systems.

3 Security officials and, where appropriate, event organizers must destroy the data immediately after the event. The authority that provided the data must be informed of their destruction within 24 hours.

4 Fedpol rules the use and processing of data by sports event organizers and security officials in a treatment regulation.

Art. 11 Communication of data to foreign authorities

1 Fedpol may disclose personal data to foreign police authorities and foreign security bodies at sporting events.

2 It records the communication of data to foreign authorities.

3 It shall indicate to the addressee the reliability and timeliness of the data in the communication of information and personal data.

4 He informs the recipient that:

A.
The information and personal data may only be used for the purpose for which it was communicated;
B.
Fedpol reserves the right to inquire about the use made of it.
Art. 12 Retention Period and Data Clearing

1 Personal data and information about each measure are deleted three years after the measure has ended.

2 If, during those three years, a new measure is pronounced against the same person, the duration of the first entry shall be extended by three years from the date of entry of the second measure.

3 Data relating to a given measure shall be deleted at the latest after ten years.

Art. 13 Organizational provisions

1 To ensure data security are applicable:

A.
Art. 20 of the Order of 14 June 1993 on the Federal Data Protection Act (OLPD) 1 ;
B.
The September 26, 2003 Order on Informatics and Telecommunications in the Federal Government (OIAF) 2 .

2 Fedpol specifies in a processing regulation:

A.
Organisational and technical measures against unauthorised processing of data;
B.
The procedures for automatic data logging;
C.
The technical requirements to be met by user terminals.

Section 5 ...

Art. 14 To 28 1

1 Repealed by c. 1 of Appendix 2 to the O of 21 Nov 2012, with effect from 1 Er Jan 2013 ( RO 2012 6781 ).

Section 6 Entry into force

Art. Annex

This order shall enter into force on 1 Er January 2010.

Annex 4

(art. 9, para. 6)

Data fields and processing rights

L

=

Reading

M

=

Update

S

=

Delete

R-active

=

Only the persons and sub-categories of objects being measured at the time of the request

SH

=

Hooliganism Section

CSI

=

DFJP Computer Services Centre

AFD

=

Federal Customs Administration

Observatory

=

Swiss Observatory of Hooliganism

E

=

Municipal Police

F

=

Border posts

R

=

Cantonal font

Full access to HOOGAN in production

Partial access to HOOGAN via RIPOL

Service

SH

SH

AFD, Cantons, Observatory

SH

SH, CSI

Cantons, Observatory

Observatory

Organizational units E, F, R

Role

Preliminary analysis fedpol −− >

Quality assurance fedpol −− >

User −− >

Administrator −− >

Technical Administrator −− >

Specialist Collaborator − − >

Specialist Collaborator Observatory − − >

User through RIPOL −− >

RIPOL User Administrator

Data domains

Data fields

Processing Fees

Person

Personal data, address, measures, violation of measures, person-related event, link

Presaisir

LMS

-

-

-

-

LMS

LMS

-

-

Check

-

LM

-

-

-

-

LM

-

-

Enter

-

LM

-

-

-

-

-

-

-

Return

-

LM

-

-

-

-

LM

-

-

Erase

-

LMS

-

-

-

-

-

-

-

Archive

-

LMS

-

LMS

-

-

-

-

-

Protests

Event

Enter

LMS

LMS

-

-

-

LMS

LMS

-

-

Erase

-

LMS

-

-

-

-

-

-

-

Report on a sports event

Presaisir

-

-

-

-

-

LMS

LMS

-

-

Check

-

LM

-

-

-

-

LM

-

-

Enter

-

LM

-

-

-

-

LM

-

-

Return

-

LM

-

-

-

-

LM

-

-

Erase

-

LMS

-

LMS

-

-

-

-

-

Person/Event

All Data Fields

Operational data

L

LM

L

L

-

L

L

R-active

-

Function

Basic Data Management

-

-

-

LMS

LMS

-

-

-

-

User Management

-

-

-

-

-

-

-

-

LMS


1 New content according to the c. 1 of Appendix 2 to the O of 21 Nov 2012, in force since 1 Er Jan 2013 ( RO 2012 6781 ).
2 RS 120
3 New content according to the c. I of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).
4 Introduced by c. II of the O of 14 Dec. 2012, effective from 1 Er Feb 2013 ( RO 2013 1 ).


State 1 Er February 2013