Swiss Federal Court blocks automated license-plate surveillance in Lucerne
Switzerland's Federal Court blocked automated license-plate surveillance in Lucerne canton, ruling that the system would constitute disproportionate infringement of fundamental rights. The court found the canton lacks authority to regulate such surveillance, which must be governed by federal criminal procedure law.
What happened
In September 2022, the Lucerne cantonal parliament approved amendments to the police law authorizing automatic optical capture of vehicle license plates, drivers, and passengers, with data retention for 100 days.
The SP and Green parties challenged the amendments before the Swiss Federal Court starting in February 2023. In response, the cantonal government suspended implementation of the automated vehicle tracking and traffic surveillance system pending the court's decision.
On 8 November 2024, the Federal Court upheld the complaints against two of five provisions in the Lucerne police law, ruling that the automated vehicle tracking and surveillance system must be abolished.
Reported impact
The Federal Court found that 'the very extensive data collection, data evaluation and data retention constitutes a disproportionate infringement of fundamental rights.' The court also objected that traffic surveillance focuses on criminal prosecution, an area where the canton has no legislative authority.
Index analysis
The court ruled that automated vehicle tracking must be regulated under federal criminal procedure law rather than by individual cantons. Prior challenges to similar laws in Solothurn and Thurgau cantons had also failed before the Federal Court.
Governance controls
The canton had adopted a model law text from the Conference of Cantonal Ministers of Justice and Police (KKJPD). The Federal Court's decision indicates this model text does not withstand constitutional scrutiny.
Classification
Sources and evidence
This record was researched and written by the Index, based on the following original reporting.