Justification of Disclosure of Bank Secrets in Civil Proceedings

Facts

The proceedings concern an appeal by the Public Prosecutor's Office of the Canton of Zurich against a judgment of the High Court of the Canton of Zurich, in which the respondent, an attorney, was acquitted. The respondent had submitted a document known as the "US-Exit Report" as evidence in an employment law case, although it was subject to bank secrecy. The Public Prosecutor's Office accuses the respondent of violating the Banking Act by doing so.

The respondent had received the "US-Exit Report" from his client, a former bank employee, in order to prove in the employment law case against the bank that it still maintained problematic business relationships with US customers. The respondent submitted the document unverified and unaltered, although it contained account numbers and names of bank customers.

The High Court of the Canton of Zurich acquitted the respondent, as it was of the opinion that the disclosure of the confidential data was justified by the attorney's professional duty. However, the Public Prosecutor's Office appealed this judgment and requested its reversal and a guilty verdict.

Considerations

The Federal Court examined whether the disclosure of the confidential data by the respondent was justified. It found that the attorney's professional duty to represent his client's interests to the best of his abilities does not mean that he may use all means to achieve this. The disclosure of secrets within the meaning of Art. 47 BankA is subject to certain limitations.

The Federal Court found that the disclosure of customer…