Questione giuridica chiave
Whether the surveillance material from the private insurer could be used in the IV proceedings.
Decisione estratta
The surveillance results were admissible after balancing interests; the intrusion was limited and concerned public places and ordinary daily activities.
Motivazione estratta
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.