The Federal Court does not want to allow unlimited exchange of police information. Now, the cantonal police directors must rethink their strategies.
The lack of data exchange is considered one of the biggest challenges in police work.
The Issue of Data Exchange in Swiss Police Work
Until today, the cantonal police databases are not interconnected. Experts have been pointing out the lack of data exchange as one of the major problems in Swiss police work for years. This can lead to situations where multiple cantons are conducting investigations on the same perpetrator independently, without coordinating with each other.
The Introduction of Polap System
The federal and cantonal authorities have established a query platform called Polap, which allows access to data from the Federal government, Schengen countries, and cantons. However, most cantons lack a legal basis that permits automatic exchange of police data. One of the cantons aiming to address this issue quickly is Luzern, which passed a revision of the Police Act two years ago.
Challenges Faced by Luzern
Recently, the Federal Court created obstacles for Luzern. The court found the enacted law to be insufficient, particularly in regards to automatic traffic surveillance. While the main focus was on traffic monitoring, the court criticized the regulation that would allow participation in Polap in general, stating that it does not limit data categories or processing purposes, violating the principle of proportionality.
Implications of the Federal Court Decision
In simpler terms, this means that data cannot be shared indiscriminately for every minor issue. The decision marks a small victory for the Federal Data Protection Commissioner, as he had previously criticized the cantons’ plans as reminiscent of “recipes of authoritarian regimes” in a high-profile interview.
Impact on Cantonal Police Directors Conference
The Federal Court’s ruling has alarmed the Conference of Cantonal Police Directors (KKJPD). They acknowledged that the decision raised several questions, which are now being further explored, as mentioned in their press release for the autumn meeting. This implies a potential delay of several months in the police data exchange between cantons.
Future Plans and Federal Intervention
The KKJPD General Secretary, Florian Düblin, stated that the consequences of the decision on the timeline and approach are currently under review. However, the cantons are already under pressure, as the Federal government threatens to take control. A motion to address the matter at the federal level has been passed by both chambers.