Key legal question
Whether the surveillance material from the private insurer could be used in the IV proceedings.
Extracted holding
The surveillance results were admissible after balancing interests; the intrusion was limited and concerned public places and ordinary daily activities.
Extracted reasoning
Although the observation lacked a sufficient statutory basis, Swiss law allows use of unlawfully obtained surveillance evidence if the public interest in truth-finding outweighs the private interest in exclusion. Here the observation was limited in time, targeted, and not conducted in non-public areas.