http://genevalunch.com/2013/11/28/geneva-high-court-stolen-bank-data-usable-correction/
By Ellen Wallace
Geneva Lunch
November 28, 2013
GENEVA, SWITZERLAND -- Bank data stolen by HSBC ex-employee Hervé Falciani
may be used as evidence in a court, the Geneva cour de cassation has
ruled. The court is the canton’s high court whose job is not to review the
details of cases but rather to verify the interpretation of the law.
In the Falciani case and in talks with German authorities as well as in
some recent treaties the Swiss government has insisted that stolen data
cannot be used, but the according to the cantonal cour de cassation, under
criminal law, evidence may not be set aside because it has been obtained
by illegal means.
The decision leaves the path open for French authorities to further
explore the 3,000 bank account files stolen by Falciani in 2008 and given
to the French government. RTS reports that the government has pursued only
86 bank clients as a result of the data, but HSBC said at the time that
much of the data was old.
[...]
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