Statutory basis for monitoring claimants

On the 25.11.2018, the Swiss electorate voted on the statutory basis for monitoring claimants.

Introduction

Our social insurance system safeguards people in Switzerland from hardship. It is well coordinated and enjoys the trust of the public. The insurance providers have the duty to clarify in detail who is entitled to claim benefits. In a very small number of cases these clarifications are only possible by conducting undercover observations – primarily with regard to invalidity insurance (IV) and accident insurance claims.

The proposal

The new provisions set out rules to prevent arbitrariness and protect the rights of those concerned. Insurance providers may only conduct undercover observations if they have clear indications that someone is wrongfully claiming benefits and that it would be impossible or unreasonably difficult to clarify that person’s entitlement to benefits by other means. Observers may take photos and make sound recordings if the person under observation is in a public place – such as in the street, in a store or on a balcony, but are not entitled to do so within the person’s home. The use of drones, directional microphones or bugging devices is not permitted. Location devices may only be used under certain conditions and only with a court order. Anyone who has been placed under observation must be informed and can defend themselves in a court of law.

Last modification 25.11.2018

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https://www.admin.ch/content/gov/en/start/documentation/votes/20181125/ueberwachung_versicherte.html