Facts
On January 24, 2011, the Grand Council of the Canton of Bern adopted an amendment to the Bernese Cantonal Act on Public Social Welfare (Social Welfare Act, SHG). The amendment entered into force on January 1, 2012 and included the following provisions, among others:
- Art. 8 SHG regulates the confidentiality of social welfare and the duty to report and the right to report. The confidentiality of social welfare is lifted if the person concerned, the superior authority, or a criminal offense is reported.
- Art. 8a SHG allows the disclosure of information to authorities and private individuals under certain conditions.
- Art. 8b SHG regulates the procurement of information, whereby information can generally be obtained from the person concerned and subsidiarily from third parties.
- Art. 8c SHG obliges certain persons and authorities to provide information necessary for the enforcement of the Social Welfare Act.
Considerations
The Federal Supreme Court dismisses the appeal of the Democratic Lawyers Bern DJB and other appellants against these legislative amendments. It considers the provisions to be in conformity with the Constitution and the Convention:
Confidentiality of social welfare: The abolition of the confidentiality of social welfare with the consent of the person concerned or the superior authority, as well as in the case of reporting a criminal offense, is permissible, as the protection of fundamental rights can be waived in the individual case.
Procurement of…