Facts
The University Hospital Basel (appellant) had, in the context of a criminal proceeding against unknown accused persons, submitted various medical records to the Public Prosecutor's Office of the Canton of Basel-Stadt. At the request of the hospital, a part of these documents was sealed, as they allegedly fell under the medical professional secrecy. The Public Prosecutor's Office then applied to the Compulsory Measures Court for the unsealing of these documents. The Criminal Court of Basel-Stadt approved the application for unsealing. The University Hospital Basel appealed against this decision to the Federal Supreme Court.Considerations
The Federal Supreme Court did not enter into the appeal. It stated that in the present case, it was not the hospital itself, but the accused physicians as holders of the medical professional secrecy, who had the legitimacy to challenge the unsealing. The hospital had indeed applied for the sealing on behalf of the accused physicians, but was not…