Admissibility of the disclosure of personal data from a pending criminal proceeding to other authorities

Facts

The Public Prosecutor's Office IV of the Canton of Zurich conducted a criminal proceeding against X. on suspicion of various offenses. On July 11, 2016, it seized cash in the amount of 7,000 CHF, which turned out to be the proceeds from a casino visit. Since X. had several debt enforcement events, the Public Prosecutor's Office informed the debt collection office about this and asked whether X. had been allowed to freely dispose of cash in the two weeks prior to the seizure. The debt collection office reported that X. had been subject to seizure during this period and that any income above the subsistence minimum should have been paid in. Thereupon, the debt collection office seized the amount of 7,000 CHF from the Public Prosecutor's Office.

By order of July 10, 2017, the Public Prosecutor's Office partially discontinued the proceedings and ordered that the seized cash amount of 7,000 CHF be transferred to the debt collection office. X. filed a complaint against this order.

Considerations

The Federal Supreme Court first notes that the Public Prosecutor's Office was entitled to disclose personal data from the pending criminal proceedings to the debt collection office in accordance with Art. 96 para. 1 CrimPC. The term "personal data" is to be interpreted broadly and also includes information on the financial situation of the complainant.

Furthermore, the Federal Supreme Court states that Art. 96 para. 1 CrimPC allows not only the exchange of information between criminal authorities, but also between criminal and civil or administrative authorities, provided that it can be assumed…