4 February 2026

In its decision 2C_567/2024 of 9 September 2025, the Federal Supreme Court dismissed the appeal of the complainants A.A. and B.A. regarding the denial of release from professional confidentiality for the treating physician and disclosure of medical records concerning the treatment of the deceased E.A. The appeal had been lodged against the decision of the Administrative Court of the Canton of Thurgau, which had rejected the requests.

The court held that the release from professional confidentiality requires either consent of the person concerned or a written authorisation from the competent authority. A release may only be granted if overriding private or public interests exist. The court determined that professional secrecy and informational self-determination, as well as public health, which it serves to protect, constitute important legal interests.

The court denied the existence of (presumed) consent on the part of E.A. The complainants asserted a legitimate interest in the release from professional confidentiality, as they feared that the deceased had been negligently treated and sought to investigate this concern. However, such an interest does not in itself constitute an overriding interest. A criminal investigation and post-mortem examination found no evidence of malpractice. The complainants were granted access to the investigation files, thereby adequately addressing their informational needs.

Overall, the complainants’ interest in complete and unconditional release from professional confidentiality did not clearly outweigh the private and public interest in maintaining confidentiality. The court therefore upheld the decision of the Administrative Court of the Canton of Thurgau.

The decision 2C_15/2023 of 9 September 2025 was based on a comparable set of circumstances. In this instance, the Court also upheld the initial decision to deny release from professional confidentiality.

For more information, see here and here.