Commentaries: Art. 9a

The arrival of flight passengers may be monitored using technical identification procedures. The authorities responsible for border controls (Art. 7 and 9) shall use the collected data:¹
1. to determine the air carrier involved and the place of departure of foreign nationals who do not fulfil the entry requirements;
2. to check all incoming persons against the data stored in the search systems.
The competent authorities shall notify the FIS if they discover a specific threat to internal or the external security during this monitoring. They may forward the corresponding data with the report.²
The collected data must be erased within 30 days. If it is required for pending criminal, asylum proceedings or proceedings under the law on foreign nationals, the Federal Council may provide for specific data to be stored for a longer period.
The Confederation may pay the cantons where the international airports are located contributions to the costs of supervision in accordance with paragraph 1.
The Federal Council shall regulate the specifications that a facial recognition system must satisfy, as well as the details of the monitoring procedure and the passing on of information to the FIS.³

Second sentence amended in accordance with Art. 127 below, in force since 12 Dec. 2008 (AS 2008 5405Art. 2 let. a). ↩
Amended by No I 2 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261). ↩
Amended by No I 2 of the Ordinance of 12 Dec. 2008 on the Amendment of Statutory Provisions due to the Transfer of the Intelligence Units of the Service for Analysis and Prevention to the DDPS, in force since 1 Jan. 2009 (AS 2008 6261). ↩

Art. 9a