Together with the implementing ordinances, regulations and guidelines, the
Telecommunications Act (TCA) 22 ensures that both the population and the private sector are
offered manifold, affordable, high-quality telecommunications services that are competitive
nationally and internationally. According to the article stating the purpose of the TCA, the
universal service must be "reliable". Binding quality requirements regarding the universal
service result from the Ordinance on Telecommunications Services (OTS) 23 and the
corresponding OFCOM regulations. Furthermore, the TCA should ensure "trouble-free
telecommunications that respect personal and intellectual property rights".
The TCA and the OTS each include a chapter on "important national interests" containing
various security-related provisions. Based on these, OFCOM has issued guidelines that
recommend measures concerning the security and availability of telecommunications
infrastructure and services.
Regarding the security of telecommunications services, it must also be stated that the legally
required measures refer solely to the technically faultless functioning of installations. The
TCA provides for the "security and availability of telecommunications infrastructure and
services". Moreover, reliability and the absence of disruptions are laid down in the act and in
other ordinances. Precisely how telecommunications services – and thus
telecommunications and information technologies – are to be protected from external threats
or natural phenomena is not defined in legislation 24.
The National Economic Supply Act (NESA) 25 and the associated ordinances 26 govern the
precautionary measures for national economic defence as well as measures for ensuring the
country's supply of vital goods and services during serious shortages which the private sector
is incapable of facing alone. The ICT infrastructure (ICT-I) area is responsible for
safeguarding the information infrastructure (e.g. data security and transmission) and
international telecommunications. A draft for an extensive revision of the National Economic
Supply Act is currently being prepared. The new orientation provides for switching from a
security logic to a risk approach, increasing the resilience of vital economic branches and
shifting the focus from goods to services.
The Federal Act on the Surveillance of Postal and Telecommunications Traffic (SPTA) 27 and
the Swiss Criminal Procedure Code (CrimPC) 28 allow for the monitoring of post and
telecommunications, including e-mail, in the case of well-founded suspicions. The retroactive
collection of transaction and billing data and the identification of participants are also legally
permissible.
22
SR 784.10 Telecommunications Act of 30 April 1997 (TCA), as at 1 July 2010
23
SR 784.101.1 Ordinance of 9 March 2007 on Telecommunications Services (OTS), as at 1 March 2012
24
Crisis and Risk Network (CRN), Center for Security Studies (CSS) (2011): "The Legal Basis for the Protection
of Critical Infrastructure in Switzerland" (in progress; assigned by the FOCP)
25
SR 531 Federal Act of 8 October 1982 on the National Economic Supply (NESA), as at 1 January 2011
26
SR 531.11 Ordinance of 6 July 1983 on the Organisation of the National Economic Supply (as at 6 July 2003);
SR 531.12 Ordinance of 2 July 2003 on the Preparatory Measures for the National Economic Supply (as at 22
July 2003)
27
SR 780.1 Federal Act of 6 October 2000 on the Surveillance of Postal and Telecommunications Traffic
(SPTA), as at 1 January 2011
28
SR 312.0 Swiss Criminal Procedure Code of 5 October 2007
25/42