On April 1, 2025, an amendment to the Asylum Act came into effect. Under the new provisions, asylum seekers may be required, as part of their obligation to cooperate and during the enforcement of their return, to permit the State Secretariat for Migration (SEM) to process personal data stored on their electronic devices. This applies only if their identity, nationality, or travel route cannot be established by other means. Electronic devices include, in particular, mobile phones, as well as computers, tablets, and other digital storage media (see Art. 8 para. 1 lit. g; Art. 8a; Art. 47 paras. 2 and 3 of the Asylum Act).
Simultaneously with the enactment of the legal provisions, the SEM has initiated the implementation of the measure in the two asylum regions of Ticino & Central Switzerland and North-Western Switzerland. Plans are underway to extend this measure to all asylum regions and to implement forensic software to assist with the analysis.
Parliament has also mandated the Federal Council to submit a report three years after the amendment’s entry into force, assessing the appropriateness, effectiveness, and cost-efficiency of the measures (see transitional provisions for the amendment of October 1, 2021).
Last modification 02.07.2025
