Coverage of information in the psychiatric medical history originating from persons outside the clinic

Facts

[M.] was hospitalized at the Private Psychiatric Clinic Schlössli Oetwil a.S. from December 1981 to March 1982 and in August/September 1982. In November 1993, [M.] demanded that the clinic release the complete medical history file opened in his name. The clinic only partially complied with the request and covered a total of seven passages with information from private third parties in three documents.

[M.] then approached the Cantonal Government of Zurich and requested access to the complete records. The Cantonal Government dismissed the appeal and referred to the Cantonal Patients' Rights Ordinance, which excludes access to information from persons not belonging to the hospital.

[M.] subsequently filed a constitutional complaint with the Federal Supreme Court and demanded full access to all documents in his medical history.

Considerations

The Federal Supreme Court first examined whether the Federal Data Protection Act or cantonal law was applicable. It concluded that the patient relationship at the Schlössli Clinic with regard to [M.] was of a cantonal public-law nature and therefore cantonal (data protection) law was applicable.

Applying the Cantonal Patients' Rights Ordinance, the Cantonal Government was allowed to refuse access to information from third parties. The Federal Supreme Court saw no violation of Art. 4 of the…