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Art. 355a464
5. Cooperation with Europol a. Exchange of data 1 The Federal Office of Police (fedpol) and the Federal Intelligence Service (FIS) may pass on personal data, including sensitive personal data and personality profiles to the European Police Office (Europol).465 2 The passing on of such data is subject in particular to the requirements of Articles 3 and 10–13 of the Agreement of 24 September 2004466 between the Swiss Confederation and the European Police Office. 3 At the same time as passing on data, the Federal Office of Police shall notify Europol of the purpose for which the data is provided as well as of any restrictions with regard to its processing to which it is itself subject in accordance with federal or cantonal legislation. 4 The exchange of personal data with Europol is regarded as equivalent to an exchange with a competent authority of a Schengen State (Art. 349b).467 464 Inserted by Art. 2 of the Federal Decree of 7 Oct. 2005 on the Approval and Implementation of the Agreement between Switzerland and Europol, in force since 1 April 2006 (AS 2006 10171018; BBl 2005 983). 465 Amended by No I 3 of the Ordinance of 4 Dec. 2009 on the Amendment of Legislation due to the Creation of the Federal Intelligence Service, in force since 1 Jan. 2010 (AS 2009 6921). 466 SR 0.360.268.2 467 Inserted by No II 2 of the FA of 28 Sept. 2018 on the implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). |