Unsealing of seized devices and data of the complainant

Facts

The Regional Public Prosecutor's Office Emmental-Oberaargau is conducting a criminal investigation against the complainant [A.] for criminal damage, trespass, violation of confidentiality or privacy through recording devices, and violation of the Animal Welfare Act. During a house search, various electronic devices and data carriers were seized and sealed at the request of the complainant. The public prosecutor's office filed a request for unsealing, which the Regional Coercive Measures Court Emmental-Oberaargau granted in a decision dated November 8, 2018, and released all devices and recordings for examination by the public prosecutor's office.

Considerations

The Federal Supreme Court dismisses the complainant's appeal against the unsealing decision. It holds that the Coercive Measures Court rightly ordered the unsealing and release of the devices and data for examination by the public prosecutor's office:

The Coercive Measures Court examined the protection of confidentiality and found no protected confidentiality interests. The complainant did not sufficiently substantiate in the unsealing proceedings which communication devices and where journalistic correspondence with Swiss Radio and…