Facts
The Federal Supreme Court dealt with two appeals against a judgment of the High Court of the Canton of Zurich. The case concerned the violation of bank secrecy by the appellant [X.] . [X.] worked as a bank employee and had access to confidential customer data. He learned of foreign exchange transactions by the then President of the Swiss National Bank, Philipp Hildebrand, and subsequently informed his lawyer, a politician, and journalists about these events. The public prosecutor's office brought charges against [X.] for violation of bank and business secrecy. The High Court of the Canton of Zurich convicted [X.] on two counts of violation of bank secrecy, but acquitted him on two other counts. The Federal Supreme Court upheld the judgment of the High Court.Considerations
The Federal Supreme Court stated that [X.] could invoke attorney-client privilege when contacting his lawyer [B.] . Even though [X.] was obliged to maintain confidentiality as a bank employee, in this case he could rely on the justification of attorney-client privilege. The client's trust in the confidentiality of the lawyer is a central aspect of…