The Federal Supreme Court of Switzerland has struck down key provisions of the Canton of Bern’s revised police legislation, ruling that parts of the region’s automated vehicle tracking system, data retention rules, and police body camera authorizations violate constitutional protections, according to a court announcement. The judicial ruling halts the ongoing deployment of specific high-tech policing tools across the canton, forcing the cantonal parliament to draft stricter regulations on data deletion and logging obligations before police can resume those operations.
The legal challenge targeted sweeping revisions to the Bernese Police Act that took effect in August 2024, which granted the cantonal police force expanded investigative powers. In its decision, the Supreme Court addressed multiple complaints brought against the legislative amendments.
Vehicle Tracking and Passenger Photography Overruled
Among the primary measures invalidated by the court is Article 109, Paragraph 4, of the Bernese Police Act, which permitted officers to capture photographs of vehicle occupants whenever an automated license plate scanner scored a database hit. The Supreme Court concluded that the legislation failed to establish necessary legal safeguards and proportionality restrictions regarding the photography of vehicle passengers, rendering the rule unlawful.
Furthermore, the judges addressed the systematic collection of data under Article 109c, Paragraph 3, of the law. This provision allowed the cantonal police to retain vehicle tracking data for up to 60 days for potential future investigations, even when license plate scans produced no database matches. The Supreme Court determined that individual cantons lack the constitutional competence to enact independent provisions targeting the general investigation of crimes in this manner.
Describing the practice as an unverified form of indiscriminate mass surveillance lacking robust anti-abuse protections, the court ruled that lawmakers must institute mandatory data deletion protocols for non-matches and clear logging requirements for specific searches before automated vehicle checks can continue.
Limits on Police Body Cameras
The judicial review also targeted the deployment of body-worn video cameras by police officers under Article 122a of the revised legislation. The law had authorized officers to use bodycams for general criminal prosecution and the documentation of offenses—responsibilities that fall squarely under federal jurisdiction in Switzerland.
The Supreme Court clarified that under Swiss legislative frameworks, individual cantons are only permitted to deploy body cameras if the primary objective is the prevention of offenses rather than retroactive criminal investigation. Because the Bernese statute mismatched these jurisdictional competencies, the court struck down the bodycam authorization.
Meanwhile, the court declined to review a separate complaint regarding video surveillance provisions designated for areas experiencing an elevated risk of crimes or misdemeanors. The judges determined that the petitioners lacked the legal standing to challenge those specific municipal surveillance rules because the regulations apply directly to local municipalities rather than private citizens.
Next Steps for the Bernese Parliament
With three vital provisions of the police act overturned, the matter returns to the cantonal parliament in Bern. Lawmakers must now draft and pass explicit amendments governing data deletion thresholds and search logging mandates to bring the cantonal police framework into alignment with constitutional requirements. No timeline has been officially announced for the parliamentary debate.
Readers and local observers can monitor upcoming parliamentary agendas and official court bulletins via the Swiss Federal Supreme Court portal for further legal developments.
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