A new measure is set to come into effect in the Swiss asylum law on April 1, 2025. The State Secretariat for Migration (SEM) will be allowed to inspect mobile phones and computers of asylum seekers if their identity, nationality, or travel route is unclear. The aim of this measure is to better verify the personal information of applicants, particularly those who enter the country without identification documents. It is estimated that this will affect 60 to 80 percent of asylum seekers.
The phone inspection was decided after a long period of political debate and is only allowed if other methods of identifying the individual do not suffice. Critics, however, see this as a massive intrusion into personal privacy. A pilot study in Vallorbe and Chiasso found that only 15 percent of the examined devices yielded relevant information.
The authorities will gain access to contacts, messages and other stored data if they can contribute to clarifying the individual’s identity. The new regulation, however, does not allow the use of the data for criminal investigations, even if indications of criminal activities such as human trafficking or war crimes are found.
The implementation will be gradual: a three-month test phase will be conducted in the federal asylum centers in Basel and Chiasso, with manual evaluation of the devices before a software solution is introduced. After three years, the parliament will decide whether the measure should be made permanent.
Asylum seekers are not required to hand over their mobile phones. However, if they refuse, this could influence the credibility of their asylum application. Relevant data can be stored for up to a year and included in the asylum file.
Human rights organizations, such as the Swiss Refugee Council (SFH), criticize the measure as disproportionate.