Switzerland: Swiss Surveillance Law: New Instruments – But Who Is Affected?

19 December 2023

by Jonas Gassmann (VISCHER)

Vischer AG

View Jonas Gassmann (VISCHER) Biography on their website

On 1 January 2024, three partially revised implementing ordinances to the Swiss Federal Act on the Surveillance of Post and Telecommunications (SPTA) will enter into force. These provisions are related to 5G technology: the declared aim is to prevent gaps in surveillance by introducing new types of information and surveillance. This (first) revision package raises some fundamental questions. It is still largely unclear which providers are affected by the changes.

What It's About

The Swiss Federal Council at last divided the revision of surveillance law into two parts:

First revision package: provisions for adapting three SPTA ordinances (VÜPF; VD-ÜPF and VVS-ÜPF) to 5G technology. These provisions will enter into force on 1 January 2024.

Second revision package: new definition of those providers obliged to co-operate under surveillance law ("Affected Providers"). This part is still pending.

The Swiss trade association of the ICT and online industry (Swico) and the Swiss Social Democratic Party (SP) criticised this division of the revision into two parts during the consultation process. They argued that the current amendments would lay down obligations without specifying who would be subject to these obligations. However, their request to withdraw the first package of amendments and draw up a new proposal which also includes the second package was not honoured.