Art. 107 FNIA from 2024
Art. 107 Disclosure of personal data under readmission and transit agreements
1 In order to implement the readmission and transit agreements mentioned in Article 100, SEM and the competent authorities of the cantons may also disclose the required personal data to states that do not provide a level of data protection equivalent to that in Switzerland.
2 For the purpose of the readmission of its citizens, the following data may be disclosed to another contracting state:
a. biographical data (surname, first name, alias, date of birth, place of birth, sex, nationality, last address in the native country or country of origin) of the foreign national and, if necessary, of the next of kin;b. information about the passport or other identity cards;c. biometric data;d. further data required for the identification of a person;e. information on the state of health, as far as this is in the interests of the person concerned;f. the data required for ensuring entry to the destination country as well as for the security of the accompanying persons;g. information on criminal proceedings, insofar as this is required in specific cases to process readmission and to safeguard public security and order in the native country and provided the person is not endangered as a result; Article 2 of the Federal Act of 20 March 1981 (1) on International Mutual Assistance in Criminal Matters applies mutatis mutandis.3 For the purpose of the transit of members of third countries, the following data may be disclosed to the other contracting state:
a. data in accordance with paragraph 2;b. information on the places of stay and routes travelled;c. information on the regulation of the period of stay and the visas granted.4 Purpose limitation, any security measures and the competent authorities must be defined in the readmission or transit agreement.
(1) [SR 351.1]
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
