Author: Lawyer Enrico Germano
Video surveillance in Swiss trains and railway stations (SBB-CFF-FFS) is governed by the Railways Act and the Passenger Transport Act. Specific provisions are contained in the Ordinance on Video Surveillance in Public Transport.
Article 16b of the Railways Act is mentioned with reference to the protection of the infrastructure by specifying that the concession holder may install video surveillance, while Article 55 of the Passenger Transport Act is also included for the protection of the traveller.
Art. 16 of the Railways Act mentions that for the protection of the infrastructure, the licence holder may install video surveillance: ‘The licence holder may entrust video surveillance to third parties to whom he has entrusted security tasks. He is responsible for compliance with data protection provisions. Video signals may be recorded. In principle, they must be analysed at the latest on the working day following the recording. After analysis, video signals must be stored in a theft-proof place. Stored video signals must be protected against misuse and destroyed within 100 days at the latest. Recordings may only be disclosed to criminal prosecution authorities or to authorities with which companies file a complaint or assert legal claims. The Federal Council regulates the details, namely how video signals are to be stored and protected against misuse’.
In fact, according to Art. 55 of the Passenger Transport Act, ‘for the protection of travellers, operations and infrastructure, companies may install video surveillance. Companies may entrust video surveillance to third parties to whom they have entrusted the security service. Companies are responsible for complying with the provisions of data protection legislation. Video signals may be recorded. In principle, they must be analysed at the latest on the working day following the recording. After analysis, video signals must be stored in a theft-proof place. Stored video signals must be protected against misuse and destroyed within 100 days at the latest. Recordings may only be disclosed to criminal prosecution authorities or to authorities with which companies lodge complaints or assert legal claims. The Federal Council regulates the details, namely how video signals are to be stored and protected against misuse’.
The Swiss trains and Railway stations online site gives clear information on data protection with regard to surveillance, which has already been in place in Railway stations for many years. The Federal Council adopted the Ordinance on Video Surveillance of Trains and Installations with entry into force on 1st January 2004. The site reminds people that if they wish to obtain information on their personal data recorded, they only have to send a letter to the Swiss trains and Railway stations Data Protection Officer. It is also emphasised that any person can contact the Federal Data Protection and Information Commissioner, who acts as supervisory authority, at any time.
In the past few days, the Swiss media have given much prominence, even in worried tones, to a project of the Swiss trains and Railway stations concerning the collection of data in Railway stations with the aim of optimising passenger flows. The question immediately arose as to whether the Swiss trains and Railway stations was not approaching an excessive and privacy-unfriendly data tracking system: ‘Smart cameras will trace the routes of passers-by, recognise their faces, observe their behaviour, what you bought in the pharmacy, etc.’ .
The Federal Data Protection and Information Commissioners online site recalls that the Federal Data Protection and Information Commissioners was already informed of this project in October 2022.The Swiss trains and Railway stations communications department has confined itself to saying for now that much of the information has been distorted. This is undoubtedly a hot topic, but one that will only become clearer in the coming months as to the implications and consequences of this project for everyone’s traceability, which this time will involve the processing of data not for security but for commercial purposes.
2
https://www.admin.ch/gov/it/pagina-iniziale/documentazione/comunicati-stampa.msg-id-1199.html
3 https://www.edoeb.admin.ch/edoeb/it/home.html
4 Corriere del Ticino dated 20.02.2023
5 https://www.edoeb.admin.ch/edoeb/it/home/attualita/aktuell_news.html#-1323593709
6 Corriere del Ticino dated 20.02.2023
