Questione giuridica chiave
Whether the refusal to destroy the archived file violated the appellant's right to be heard
Decisione estratta
No. The cantonal court could refuse the requested witness hearing because it had already accepted the unlawful use of the data and the proposed evidence would not change the outcome.
Motivazione estratta
The witness evidence was aimed only at showing that misuse is possible; the court had already conceded misuse in this case and could rely on anticipatory assessment of evidence.