Federal Act
on the Surveillance of Post and Telecommunications
(SPTA)

¹ In the case of data col­lec­ted in the course of crim­in­al pro­ceed­ings or in con­nec­tion with the ex­e­cu­tion of a re­quest for mu­tu­al leg­al as­sist­ance:

a.

the right to in­spect case doc­u­ments and the right to in­form­a­tion in pending pro­ceed­ings is gov­erned by the ap­plic­able pro­ced­ur­al law;

b.¹⁶

the right to in­form­a­tion after the con­clu­sion of the pro­ceed­ings is gov­erned by the Data Pro­tec­tion Act of 25 Septem­ber 2020¹⁷ (FADP) if a fed­er­al au­thor­ity is deal­ing with the re­quest for mu­tu­al leg­al as­sist­ance, or by can­ton­al law if a can­ton­al au­thor­ity is deal­ing with it.

²The right to in­form­a­tion on the data col­lec­ted in the search for miss­ing per­sons or tra­cing con­victed per­sons is gov­erned by the FADP if a fed­er­al au­thor­ity is re­spons­ible for the search or for tra­cing, or by can­ton­al law if a can­ton­al au­thor­ity is re­spons­ible for it. Art­icle 279 Crim­PC¹⁸ ap­plies mu­tatis mutandis.

^2bis The right to in­form­a­tion on the data col­lec­ted in im­ple­ment­ing the In­telSA¹⁹ is gov­erned by the In­telSA.²⁰

^2ter The right to in­form­a­tion about data that is col­lec­ted in the course of mo­bile phone loc­al­isa­tion in ac­cord­ance with Art­icle 23q para­graph 3 ISA²¹ is gov­erned by the FDAP where a fed­er­al au­thor­ity is deal­ing with the sur­veil­lance, or by can­ton­al law where a can­ton­al au­thor­ity is deal­ing with it.²²

³The per­son af­fected by sur­veil­lance may as­sert his or her rights against the au­thor­ity re­spons­ible for the pro­ceed­ings or, if there is no au­thor­ity that is still re­spons­ible for the pro­ceed­ings, against the last au­thor­ity re­spons­ible. The Ser­vice is not re­spons­ible for provid­ing the in­form­a­tion.

⁴ The Fed­er­al Coun­cil shall reg­u­late the man­ner in which these rights are gran­ted. In do­ing so, it shall guar­an­tee the rights of the parties con­cerned, in par­tic­u­lar in cases where mak­ing cop­ies of the case files is im­possible or only pos­sible with dis­pro­por­tion­ate ef­fort.