SCC Art. 321 -

Einleitung zur Rechtsnorm SCC:

Art. 321 SCC from 2023

Art. 321 Breach of professional confidentiality

SR 2201. Any person who in his capacity as a member of the clergy, lawyer, defence lawyer, notary, patent attorney, auditor subject to a duty of confidentiality under the Code of Obligations (CO), doctor, dentist, chiropractor, pharmacist, midwife, psychologist, nurse, physiotherapist, occupational therapist, dietician, optometrist, osteopath or as an assistant to any of the foregoing persons discloses confidential information that has been confided to him in his professional capacity or which has come to his knowledge in the practice of his profession shall be liable on complaint to a custodial sentence not exceeding three years or to a monetary penalty. ⁽¹⁾ A student who discloses confidential information that has come to his knowledge in the course of his studies is also liable to the foregoing penalties.A breach of professional confidentiality remains an offence following the termination of professional employment or of the studies.2. The person disclosing the information is not liable to any penalty if he does so with the consent of the person to whom the information pertains or on the basis of written authorisation issued in response to his application by a superior authority or supervisory authority.

Amended by Annex No 1 of the FA of 15 Dec. 2017 (Child Protection), in force since 1 Jan. 2019 (AS 2018 2947; BBl 2015 3431).3. The federal and cantonal provisions on the duties to report and cooperate, the duty to testify and on the obligation to provide information to an authority are reserved.