FDPIC rejects proposal for an intercantonal police database
Published: Friday, Mar 1st 2024, 16:10
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The Federal Data Protection and Information Commissioner (FDPIC) rejects an intercantonal agreement on the operation of a joint police database. The proposal has serious shortcomings, both in terms of constitutional law and data protection law.
The FDPIC announced on Friday that the Conference of Cantonal Police Commanders of Switzerland (CCPCS) wanted to make all personal data obtained in contact with the public accessible online without restriction and without administrative assistance. This is particularly sensitive from a data protection perspective. After all, even the KKPKS admits that the rights of the persons concerned would be severely impaired.
The need to extend the police authorities' authority to process sensitive personal data is also insufficiently justified. This is because the cantonal police forces already have online access to a "joint police data room" from the Federal Office of Police (fedpol) and the Federal Office for Customs and Border Security (FOCBS).
If the KKPKS argues that it needs a new database to combat serious crime, then it should at least explain to the public why the existing applications are inadequate in practice.
However, the FDPIC is more likely to note that the situation in the area of cybercrime is threatening to get out of control. And this would be "difficult to break through" by processing petty data nationwide.
Finally, the extension collides with the order of police competence in the Federal Constitution. The proposed system change could only be achieved "legally and credibly" by creating a new provision in the Federal Constitution. And this would be subject to a mandatory referendum. For these reasons, the FDPIC considers the agreement to be "inadmissible".
With the agreement, the CCPSS wants to give the cantons the opportunity to create a police database and a joint query platform. Data on investigations, identity checks, searches and traffic checks would then be stored there and accessible to other police forces.
©Keystone/SDA
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