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The amendment of the Social Security Act creates a basis for good practice, ensures legal certainty and increases transparency. Supporters of social detectives to detect fraud launched their campaign on Friday.
During the referendum vote on November 25, there was talk of preventing growth in a very sensitive area and directing the supervision of policyholders against the legal vacuum on regulated channels, said national councilor Lorenz Hess ( BDP / BE) before the media in Berne,
The five members of the bourgeois council of the bipartisan bourgeois committee "Yes to fair play in social security law" have repeatedly emphasized that the monitoring of alleged perpetrators was only a matter of course. "last resort" for extreme cases.
The previous practice will be reinforced
Hess accused opponents of even revision of left-wing populism. From spying to the bedroom could not be a question. The "keyhole" paragraph with the drone, which was filed in private chambers, was clearly out of order according to the prevailing federal court practice.
The new legal framework does not increase surveillance possibilities, said National Councilor Thomas Weibel (GLP / ZH). The previous practice is even narrowed. Thus, the duration of a possible observation is limited in time.
The training of private detectives would be very demanding. In order to be able to use GPS on vehicles, judicial authorization is necessary and the authorities should inform the persons monitored as a result of the events, if the suspicions against them are not justified.
No more powers than the police
This also does not correspond to the truth that insurance has received more powers than the police. The law did not violate fundamental rights and the separation of powers, said National Councilor Philippe Nantermod (FDP / VS).
National Councilor Barbara Steinemann (SVP / ZH) said that the state has entrusted its core activities in many areas of activity to many individuals.
For example, the Federal Financial Market Supervisory Authority (Finma) may entrust a private individual with the clarification of a situation or implement measures. And the private Billag AG has been charging fees for years. Why should this be only "legally sensitive" in the surveillance of alleged fraud to insurance, this reveals nothing.
National Councilor Ruth Humbel (CVP / AG), also described as "completely absurd" by opponents, said detectives could even be used in the nursing sector. Sickness insurers are not subject to the Social Security Act (ATSG), added Weibel.
Savings of 80 million
The supervision of policyholders as a last resort has proven effective, according to the campaign launch committee announcement. Insurance companies could have saved 80 million francs a year in recent years.
The effective fight against abuse also has a deterrent effect on potential fraudsters, Humbel added. The instrument therefore also acts preventively. Abuses are unfair to all people who depend on pensions.
The councils had passed the law during the spring session. The supervision rules apply not only to disability insurance (IV), but also to insurance against accidents, sickness and unemployment.
GPS only with court approval
In addition to image and sound recordings, technical localization instruments are also permitted. This concerns above all GPS trackers that are attached to cars. Unlike images and sound recordings, this requires judicial approval.
A group of citizens around the author, Sibylle Berg, had passed the referendum against the law. The referendum will fight against "arbitrary supervision". Moreover, everyone is in doubt, the social security services are reporting, it was in mid-September on the occasion of the launch of the no campaign.
Legislative work is based on a judgment of the European Court of Human Rights (ECHR). He had found that Switzerland had no clear and detailed legal basis for the observation of the insured. Due to the verdict, the IV and accident insurers had to stop their observations. (ANF / SDA)
Created: 19.10.2018, 18:25
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