| Applicant name | KAZIMIR |
| Applicant type | Natural person |
| Number of applicants | 3 |
| Country | switzerland |
| Application no. | 71522/17 47646/19 61114/19 |
| Date | 12/12/2023 |
| Judges | Yonko Grozev, président, Ioannis Ktistakis, Andreas Zünd |
| Institution | Court |
| Type | Judgment |
| Outcome Art. 8 | Violation |
| Reason | Unlawfull |
| Type of privacy | Informational privacy |
| Keywords | Surveillance; insurance |
| Facts of the case | The applicant complains about the taking into account, in the various procedures, of surveillance carried out by private detectives without legal basis. |
| Analysis | The Court finds that the accident insurance company must be considered as a public authority and its actions were attributable to the respondent State. The Court is convinced that the permanent nature of the photos and recordings as well as their subsequent use in the context of an insurance dispute can be regarded as the processing and collection of data at personal nature concerning the applicant, which reveals an interference in his private life. The surveillance measure applied to the applicant was based on Article 43 of the Social Security Law which provides that when an insured person does not comply with the obligation to provide the requested information, the insurance companies The insurance companies are authorized to take the necessary investigative measures ex officio and to collect the necessary information. However, in an earlier case, the Court had already concluded that the law was insufficiently precise as to the extent and the modalities for exercising the discretionary power conferred on insurance companies, acting as public authorities in the context of insurance disputes, to have insured persons secretly monitored. |
| Other Article violation? | No violation 6 ECHR |
| Damage awarded | Said, (a) that the respondent State must pay to the applicant, within three months, EUR 8,000 (eight thousand euros), to be converted into the currency of the respondent State at the rate applicable on the date of settlement, plus any amount which may be due on this sum as tax, for moral damage; (b) EUR 10,700 (ten thousand seven hundred euros), to be converted into the currency of the respondent State at the rate applicable on the date of settlement, plus any amount that may be due on this sum by the applicants as tax, for costs and expenses; |
| Documents | Judgment |