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Action Plan for Public Transportation Safety

A Balancing Act Between Protection and Fundamental Rights

A Taser on the train, a real-time camera, a privately operated police force: The new action plan for greater safety in public transportation promises protection. But at the same time, it raises the question of how much infringement on our freedom we are willing to accept in exchange—as our author Michael Gehrken argues.
Zwischen wirksamem Personenschutz und dem Schutz der Grundrechte: Warum beim Aktionsplan Sicherheit im öV nicht das Ob, sondern die richtige Normstufe und die Verhältnismässigkeit jedes einzelnen Mittels über die Balance entscheiden.
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THE KEY POINTS IN BRIEF
• 3,600 assaults per year on train staff—not more frequent, but more brutal.
• Bodycams provide targeted protection; Tasers and real-time cameras have a broader impact.
• Unresolved: the appropriate regulatory level and limits for a private police force.

The cur­rent sit­u­a­tion speaks for itself. Accord­ing to its own fig­ures, the SBB alone expe­ri­ences assaults on train staff about ten times a day—an esti­mat­ed 3,600 cas­es per year. What stands out about these assaults is not so much the num­ber, which has remained sta­ble over the years, but rather their nature: while the fre­quen­cy has plateaued, the assaults are becom­ing more bru­tal. This calls for action. Politi­cians and author­i­ties have now respond­ed.

Bodycams: the tool that has already struck a balance

Since the intro­duc­tion of body­cams in Sep­tem­ber 2024, the trans­porta­tion police have demon­strat­ed what tar­get­ed pro­tec­tion can look like. Accord­ing to SBB, after one year, assaults against their offi­cers were down by about 11 per­cent com­pared to before.

Par­tic­u­lar­ly reveal­ing is how the footage is han­dled: Of 331 acti­va­tions in the first half of the year, 224 were quick­ly stopped because the sit­u­a­tion often defused on its own after the cam­era was turned on; only 15 record­ings were for­ward­ed to law enforce­ment author­i­ties. Thus, only what is nec­es­sary is recorded—and delet­ed as soon as the pur­pose is served.

A mild, effec­tive, and strict­ly lim­it­ed mea­sure. It serves as a good bench­mark for all fur­ther actions.

Tasers: The question is not whether, but at what level regulation takes place

The trans­porta­tion police are cur­rent­ly autho­rized to use restraints, irri­tant sprays, ser­vice dogs, batons, and firearms. Elec­troshock devices (“Tasers”), on the oth­er hand, have not been autho­rized to date. This exclu­sion is not stip­u­lat­ed in the law itself, but in the accom­pa­ny­ing ordi­nance (VST). This is more than a for­mal­i­ty: The Fed­er­al Coun­cil can amend the ordi­nance with­out hav­ing to pass a new law. That is pre­cise­ly what it announced after Par­lia­ment adopt­ed the Buf­fat motion (23.4291).

This shifts the actu­al ques­tion. A Taser affects phys­i­cal integri­ty. And when a tool has such a pro­found impact, there are good rea­sons to ask whether the cru­cial points—when it may be used, against whom, and with­in what limits—should not be addressed in the law rather than in an ordi­nance.

Both view­points are valid. The more dras­tic the mea­sure, the stronger the case for not leav­ing the guide­lines sole­ly to the admin­is­tra­tion.

Electroshock weapons remain controversial

Can­ton­al police forces have been using Tasers since 2008; their use has increased, while that of firearms has decreased. Pro­po­nents see them as a less severe alter­na­tive to pis­tols, espe­cial­ly in the con­fined space of a train car. Amnesty Inter­na­tion­al dis­agrees: The more wide­spread the device becomes, the low­er the thresh­old for its use—and the greater the risk of seri­ous injury or even death; such weapons belong in the hands of spe­cial­ized units, not in every­day sit­u­a­tions. The Fed­er­al Coun­cil intends to assess, before any deci­sion is made, whether and where a Taser would be appro­pri­ate for the trans­port police at all.

This assess­ment should be tak­en seri­ous­ly.

The sensitive issue: private ownership, sovereign power

The trans­porta­tion police are not a gov­ern­ment agency. They are part of SBB and yet exer­cise sov­er­eign author­i­ty. This is legal­ly sanc­tioned: the rel­e­vant fed­er­al law express­ly per­mits this del­e­ga­tion of author­i­ty. But the more exten­sive the arse­nal becomes—from body cam­eras to Tasers to real-time cameras—the more sig­nif­i­cant it becomes that coer­cion and sur­veil­lance are being car­ried out under pri­vate man­age­ment. This calls for clear bound­aries, a strict lim­i­ta­tion of pur­pose, and vig­i­lant over­sight by the Fed­er­al Office of Trans­porta­tion (FOT).

Any­one act­ing on behalf of the state should be sub­ject to the same strict require­ments as the state itself.

Video Surveillance: The Most Sensitive Intrusion

The planned real-time video sur­veil­lance in vehi­cles has the far­thest-reach­ing impli­ca­tions. It direct­ly affects pri­va­cy and falls under the new Data Pro­tec­tion Act. Pub­lic trans­porta­tion already has its own video sur­veil­lance ordi­nance, which would need to be amend­ed.

Here, too, the old tri­ad remains cru­cial: a clear legal basis, a gen­uine pub­lic inter­est, and the least intru­sive means possible—supplemented by strict pur­pose lim­i­ta­tion and clear reten­tion peri­ods.

It is impor­tant to make the dis­tinc­tion: Live access to a cam­era feed is dif­fer­ent from the sub­se­quent analy­sis of a record­ing. Where exact­ly this thresh­old lies must be clear­ly defined.

The discussions have begun—the deliberations must follow

This week (on July 8, 2026), the fed­er­al gov­ern­ment, can­tons, trans­porta­tion com­pa­nies, and the trans­porta­tion police met in Bern at the invi­ta­tion of the Fed­er­al Office of Trans­porta­tion and launched a nation­al action plan. The first step is to take stock of the sit­u­a­tion. Plans include bet­ter coor­di­na­tion of police oper­a­tions across can­ton­al bor­ders, de-esca­la­tion train­ing, and a revi­sion of the reg­u­la­tions gov­ern­ing body cam­eras, Tasers, and real-time video sur­veil­lance.

In doing so, the fed­er­al gov­ern­ment is ful­fill­ing the man­dates set forth in the Buf­fat and March­esi motions. The need for action is rec­og­nized, but the fund­ing is not. For each indi­vid­ual mea­sure, it remains to be clar­i­fied whether it is effec­tive, nec­es­sary, and reasonable—and at what lev­el it should be imple­ment­ed.

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