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Geneva high court: stolen bank data usable (correction)
From: InfoSec News <alerts () infosecnews org>
Date: Thu, 5 Dec 2013 07:46:40 +0000 (UTC)

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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