Background
In 1995, Savjeta Vukota-Bojić suffered injuries to her head and spine when she was hit by a motorcycle.
Doctors had different opinions about whether she would be able to work again.
Before the accident, Savjeta had been a hairdresser. Like all working people in Switzerland, she had compulsory accident cover. But Savjeta’s insurance company (a public body) wanted her to have further tests. Medical examiners found that she was fully able to work.
There followed a legal dispute between Savjeta and the insurance company lasting many years, leading to court dates and yet more medical tests.
During the dispute, the company hired private detectives to secretly follow Savjeta after she refused to undergo a test. A report was compiled about her activities. The company initially denied Savjeta benefits, partly because of what was written in the report.
Savjeta felt violated when she learned about the secret filming. She wanted compensation and for the surveillance case file to be destroyed.
In 2010, a Swiss court ruled that the surveillance had been lawful, and the file was valid evidence.