[Die Geheimhaltungspflicht von Mitgliedern der Tierversuchskommissionen (namentlich im Kanton Zurich)] [Article in German]

Abstract

The legal prohibition to disclose an official secret as laid down in Article 320 of the Swiss criminal code (StGB) also applies for members of the Committee on Animal Experimentation. This implies an extensive obligation to keep absolute secrecy of the knowledge they obtain within their position. However, due to the applicable law - and mainly in view of the principle of public trial constitutionally guaranteed in many Swiss regions - a number of specifications have to be addressed and exceptions to the prohibition are conceivable. Nevertheless, it cannot be denied that overstretching the notion and definition of a secret laid down in Article 320 StGB is incompatible with the constitutional obligation of the members of the Committee on Animal Experimentation to fulfil legal animal welfare regulations. This is the reason why there should be a general and fundamental liberalisation of the official discretion; and the Confederate Animal Protection Law would be the right place to implement such a change. Even though such legal provisions are currently not foreseen., various constellations already exist in practice, in which members of the Committees are released from their duty of official discretion, so that an exchange of ideas - also regarding legal aspects - with third parties and institutions is possible.