The statutory question is whether bank data transfers to the US were legal or illegal? Geneva’s justice will probably be the first country to decide on the subject as a civil case brought by a former associate of Credit Suisse. The hearing closing arguments took place yesterday morning at the Geneva Court of Justice.The lawyer of complainant is Douglas Hornung.
The story of this former employee is reported by the Agefi. She learned in 2012 that information relating to her were sent to the US authorities (1623 records in April and November 2012), following the approval of the Federal Council based on Article 271 of the Penal Code.
The argument Douglas Hornung, lies in two axes:
-The principle of the transmission is unlawful because it is contrary to the rules of international assistance and not based on any legal basis. T
-The transmission itself is unlawful because it does not comply with the law on data protection.
Arguments refuted by Credit Suisse lawyers, the firm Python & Peter. For them the question of the illegality is quickly resolved but, of course, in the opposite direction. The bank has complied with the legal framework, including the law on data protection, because the Federal Council authorized the transmissions.
On January 12 the Swiss Federal Court declared that the persons concerned have the right to receive a copy of their transmitted data -the names of third parties to be blackened. It is believed that the court balanced the interests between those of the bank and those of the individual, including that of being able to defend himself, and ruled in favor of the employees.