Facts
The case concerns a person, the claimant, who was involved in an accident and filed a claim with the Swiss National Accident Insurance Fund (CNA). The CNA used evidence obtained by a private detective, including surveillance reports and video cassettes, to assess the claimant's ability to work. The claimant contested the use of this evidence, arguing that it had been obtained illegally and violated her private sphere.
The parties involved are the claimant, the CNA, and the Cantonal Insurance Court of Aargau. The decision was rendered on 25 February 2003.
Considerations
The Federal Court examined the question of whether the CNA could use the evidence obtained by the private detective to assess the claimant's ability to work. The Court considered that the conditions of Article 36 of the Federal Constitution were met, as the surveillance had been carried out lawfully and the evidence obtained was relevant to the assessment of the claimant's ability to work.
The Court also examined the question of whether the CNA could itself hire a private detective to monitor the claimant. The Court left this question open, but considered that the CNA could use the evidence obtained by the private detective in the context of private liability insurance, provided that the conditions of Article 36 of the Federal Constitution were met.
The Court concluded that the CNA could use the evidence obtained by the private detective to assess the claimant's ability to work, as the conditions of Article 36 of the Federal Constitution were met and the…