Facts
The Federal Supreme Court has partially upheld a complaint against provisions of the Cantonal Police Act of the Canton of Solothurn. Specifically, the following points were addressed: - The provision on covert investigation (§ 36septies KapoG/SO) must be adapted so that the persons concerned are notified without exception and at the latest after the measure has been completed. A postponement or omission of the notification is not permissible. - The automated comparison of the recorded control plates with all police person and object search registers (§ 36octies para. 2 lit. a KapoG/SO) is to be repealed, as it is too vague and violates the principle of proportionality. - Automated vehicle search may only be ordered once the necessary protection and control mechanisms have been put in place, in particular regarding the duration of the measure, the authority to order it, the retention period and deletion of the data, processing and transmission for other purposes, as well as periodic checks by an independent body and logging. - The general flight ban for unmanned aircraft up to 30 kg in weight (§ 39ter para. 1 KapoG/SO) must be interpreted as constitutionally compliant, in the sense that it is limited to emergency operations.Considerations
With regard to covert investigation, the Federal Supreme Court has decided that the persons concerned must be notified without exception and at the latest after the measure has been completed. A postponement or omission of the notification is not permissible, as this would disproportionately restrict the legal protection of the persons concerned. Regarding automated vehicle search, the Federal Supreme Court found that the systematic comparison with all police person and object search registers is too vague and violates the principle of proportionality. The legislator must limit the scope to those registers where a systematic comparison is necessary and proportionate. Furthermore,…