Commentaries: Art. 11

The length of time that data collected in criminal proceedings must be retained in the processing system is governed by the rules on criminal case files under the applicable criminal procedural law.
The data collected in execution of a request for mutual legal assistance shall be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance.
The data collected as part of the search for a missing person shall be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance.
The length of time that data collected in tracing a person on whom a custodial sentence has been imposed must be retained in the processing system is governed by the applicable criminal procedural law. Data collected in tracing a person on whom a custodial measure has been imposed must be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance.
The data collected in implementing the IntelSA¹shall be retained in the processing system for as long as necessary for the objective pursued, but no longer than 30 years after conclusion of surveillance.²
The data collected in the course of mobile phone localisation in accordance with Article 23q paragraph 3 ISA³shall be retained in the processing system after conclusion of surveillance for a maximum of 100 days. If there is a specific reason to assume that the data will be required in criminal proceedings, the retention period is governed by the applicable rules of criminal procedure.⁴
The authority responsible for the proceedings or, if there is no authority that is still responsible for the proceedings any longer, the last authority responsible is responsible for compliance with the periods laid down in paragraphs 1–4^ter.⁵It shall inform the Service before expiry of the retention period as to what is to be done with the data under the applicable law prior to its deletion from the system. Thirty years after conclusion of surveillance, the Service shall request the authority to clarify what is to be done with the data still available in the system.
The Federal Council shall specify how compliance with the retention periods is to be guaranteed; it shall regulate the details of the information according to paragraph 5.

SR 121 ↩
See Art. 46 No 1. ↩
SR 120 ↩
Inserted by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300;BBl 2019 4751). ↩
Amended by No I 13 of the FA of 25 Sept. 2020 on Police Counterterrorism Measures, in force since 1 June 2022 (AS 2021 565; 2022 300;BBl 2019 4751). ↩

Art. 11

Footnotes