Jusletter IT

BGer – The prosecution of the Canton of Waadt cannot oblige Facebook Switzerland Sàrl to hand over data of a Facebook account allegedly opened in Switzerland. The concerned data is neither owned by nor under control of Facebook Switzerland. To access the data, it needs to be requested by virtue of a mutual legal assistance from Facebook Ireland Ltd. The Supreme Court endorses the complaints from Facebook Switzerland and its both directors. (Judgements 1B_185/2016, 1B_186/2016, 1B_188/2016) (ah)