Facts
The case concerns a person, A., who was convicted of violating the rules of the road. The conviction was based on evidence obtained by a dashboard camera (dashcam) installed in a vehicle. The defense challenged the admissibility of this evidence, arguing that it had been obtained illegally.
The facts unfolded as follows: A. was convicted by the district court of Bülach for violating the rules of the road. The decision was upheld by the cantonal court of Zurich. A. then filed a criminal appeal with the Federal Court, requesting the annulment of the conviction and a new trial.
Considerations
The Federal Court examined the issue of the admissibility of evidence obtained by private individuals for surveillance purposes. It recalled that, according to the law, evidence obtained illegally is admissible only if the prosecution authorities could have obtained it lawfully and if a balancing of interests favors its use in the proceedings.
The Federal Court considered that the recording of personal data by a dashcam constituted a violation of the Federal Act on Data Protection (FADP) and that the evidence…