Facts
The case concerns a disability pension application filed by [K.], born in 1967, due to back pain and psychological problems since 1997. The AI Office of the canton of St. Gall conducted investigations, including a medical expertise, which revealed a medium depressive episode, generalized anxiety with panic attacks, chronic somatoform pain syndrome, and right hypalgesia. The office then commissioned a private detective to monitor [K.] for three days, which revealed that she was able to perform daily activities without apparent difficulty.
The social insurance court of the canton of St. Gall annulled the office's decision and referred the case for further investigation, considering that the observation was disproportionate and infringed on K.'s private sphere.
Considerations
The Federal Court examined the question of whether the observation of an insured person by a private detective in a privately visible public space was authorized. It considered that Article 59 paragraph 5 of the InvIA constituted a sufficient legal basis for such observation, insofar as it was objectively justified by the circumstances.
The Federal Court also examined the question of the proportionality of the observation and considered that, in this case, the observation was proportionate to the purposes pursued, namely the prevention of abuse…