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SkyECC

Higher Court of the Canton of Zurich

Switzerland

Obergericht des Kantons Zürich, II. Strafkammer

Absolute Inadmissibility of SkyECC Data

The Higher Court holds that the SkyECC data are absolutely inadmissible. The man-in-the-middle (MITM) technique installed in France produced effects on Swiss territory, since the accused and his SkyECC handset were located in Switzerland at the time of the access. The Swiss authorities were not asked for authorisation, which constitutes a violation of Switzerland's sovereignty and territorial integrity – tantamount to a breach of public international law. The SkyECC data are inadmissible under any circumstances pursuant to Art. 141 para. 1 of the Swiss Code of Criminal Procedure (StPO) and must be removed from the criminal files. All files in the affected proceedings have a connection to the SkyECC data.


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