Mutual Assistance Act
351.1
Art. 1028
Art. 11
Legal definitions
A defendant under this Act is any person under suspicion, subject to criminal proceedings or
on whom a sentence has been imposed.29
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2
A sentence is any penalty or other measure.
Chapter 1a30 Personal Data, File and Process Management System
Art. 11a
The Federal Office of Justice shall run a personal data, file and process management system
that may contain sensitive personal data obtained through forms of cooperation governed by
this Act. This data may be processed in order to:
1
a.
identify whether data on a particular person is being processed;
b.
process data on processes;
c.
organise work procedures rationally and efficiently;
d.
conduct a process check;
e.
compile statistics.
In order to comply with the processing purposes mentioned in paragraph 1, the system shall
contain:
2
a.
personal details of persons on whom data is being processed;
b.
data necessary for the localisation and proper administration of the dossier;
c.
documents on electronically stored processes and entries.
The Federal Office of Police and the State Secretariat for Migration31 and the units of the
Federal Intelligence Service responsible for the implementation of the Federal Act of 21 March
199732 on Measures to Safeguard Internal Security shall have online access to the data defined
in paragraph 2 letter a.33 If the Federal Office of Police carries out the tasks of the Federal
Office of Justice under this Act, it shall also have online access to the data defined in paragraph
2 letter b.
3
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The Federal Council shall specify the details, and in particular:
28
29
30
31
32
33
a.
in the case of the recording of data in accordance with paragraph 2 letters a and b, data
on the judicial authorities involved in the mutual assistance proceedings and data on the
offences giving rise to the request for mutual assistance;
b.
the period of time that the data is kept and the archiving of the data;
Repealed by No I of the FA of 4 Oct. 1996, with effect from 1 Feb. 1997
(AS 1997 114; BBl 1995 III 1).
Amended by No I of the FA of 4 Oct. 1996, in force since 1 Feb. 1997 (AS 1997 114; BBl 1995 III 1).
Inserted by Annex 1 No 7 of the FA of 13 June 2008 on the Federal Police Information Systems, in
force since 5 Dec. 2008 (AS 2008 4989; BBl 2006 5061).
The name of this administrative unit was amended by Art. 16 para. 2 of the Publications O of
17 Nov. 2004 (AS 2004 4937), in force since 1 Jan. 2015.
SR 120
Amended by No I 4 of the O of 4 Dec. 2009 on the Amendment of Legislation due to the Establishment of the Federal Intelligence Service, in force since 1 Jan. 2010 (AS 2009 6921).
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