Facts
The Federal Court had to rule on a complaint against the decision of the Cantonal Council of the Canton of Solothurn of 6 May 2020. The subject of the complaint was the partial revision of the Law on the Cantonal Police of 23 September 1990, in particular the amendments and new regulations concerning covert surveillance, covert investigation, covert preliminary investigation, automated vehicle surveillance and flight ban for unmanned aerial vehicles up to 30 kg in weight.
The complainants, ten individuals who live or work in the Canton of Solothurn, argued that the contested provisions violate various constitutional and conventional provisions, in particular the guarantees of personal freedom, privacy, informational self-determination and the right to effective remedy.
Considerations
The Federal Court examined the complaint in public law matters and found that the complainants are generally entitled to bring the complaint, as they are at least virtually affected by the contested provisions.
The Court assessed the constitutionality of the individual provisions and came to the following conclusions:
- § 36ter KapoG/SO (surveillance) meets the requirements of a sufficiently specific legal basis.
- § 36septies KapoG/SO (covert investigation) violates the right to effective remedy, as the subsequent notification to those affected can be postponed or omitted without requiring judicial approval. § 36septies para. 4 sentence 2 KapoG/SO is therefore to be repealed.
- § 36quinquies KapoG/SO (covert preliminary investigation) meets the requirements of a sufficiently specific legal basis. The norm contains significant formal guarantees to ensure a constitutionally compliant…