Bern Police Law Challenged: Federal Court Strikes Down Key Provisions

The Swiss Federal Court has delivered a significant blow to the Bernese police's technological ambitions, declaring key provisions of the cantonal police law unconstitutional. The ruling, issued on August 12, 2026, specifically targets automated vehicle searches and the use of bodycams by law enforcement.

Regarding automated vehicle searches, the court stipulated that secret mass surveillance is only permissible under strict conditions. Data pertaining to individuals not under suspicion must be deleted immediately. The court further indicated that such data deletion regulations must be explicitly stated within the police law itself, rather than delegated to government ordinances. This has cast doubt on the current legal framework governing these searches.

Bern's Security Director, Philippe Müller, has publicly stated that the canton does not need to significantly alter its practices, a stance described as "bold." The court's written reasoning is still pending, but the debate over interpretation has already begun. Müller has requested the Federal Court to allow vehicle searches for serious offenses to resume, a move that puzzles legal observers given the court's recent deliberation and ruling.

The court also addressed the use of bodycams by the Bern police. It found that the cantonal law allowing their use for criminal prosecution purposes was unconstitutional, as the authority for criminal prosecution rests solely with the federal government. Cantons are limited to regulating preventive policing. Despite this, Müller maintains that bodycams can remain in use, suggesting the federal penal procedure code as a new legal basis, though this code does not explicitly regulate bodycam usage regarding activation times or recording purposes.