The two chambers came to an agreement during the last spring session. Social insurers (disability, accident, sickness and unemployment) will be able to have their policyholders monitored by detectives in the event of suspected fraud. The Left supports the referendum against the law on the surveillance of insured persons. Although the need for legislation was not contested, they feel that the surveillance law goes too far. A citizens’ group has launched a referendum and is seeking 50,000 signatures until July 5, 2018.
The project expands the possibilities of surveillance. In addition to visual recordings, it authorizes sound recordings and the use of technical instruments such as GPS to locate the policyholder. Such observation may be carried out for a maximum of 30 days over a six-month period. If suspicions are still justified, this period can be extended by six months, giving a maximum of one year’s leeway.
As a reminder, the European Court of Human Rights penalized Switzerland when it ruled in favor of a Zurich woman who had been spied on by detectives hired by her accident insurance company. The legal bases were deemed too vague for surveillance that infringed the right to respect for private and family life. The Swiss National Accident Insurance Fund (SUVA) and the AI offices have suspended their use of private detectives, pending legislation by parliament.
Legal basis for policyholder monitoring: https://www.admin.ch/opc/fr/federal-gazette/2018/1469.pdf
