The Basel-Stadt Court of Appeal went furthest. In addition to confirming the territorial
sovereignty violation and the reasonable suspicion deficit, it expressly characterised the
underlying surveillance as an impermissible fishing expedition. Given its scale, the court also
found a violation of Swiss ordre public. On the raw data question — unlike Zürich — it did not
leave the consequence open: it found absolute inadmissibility under Art. 141 para. 1 CPC
independently on this ground as well. Also notable in the Swiss context: in November 2025, the Federal Administrative Court ruled
that mass surveillance of cross-border communications by the Swiss intelligence service is
itself unlawful — a structurally cognate finding that reinforces the judicial scepticism toward
indiscriminate data collection.