The BGer has confirmedthat a Medical examiner is subject to medical secrecy within the meaning of Art. 321 of the Swiss Penal Code (StGB) and violates the duty of confidentiality if he or she not only provides the employer with the necessary information of a certificate of fitness for work, but also further facts such as, in particular, the results of the examination. Such disclosure would have to be covered by the employee’s consent. In case of doubt, the Consent However, the obligation to provide data must be limited to what is necessary already on the basis of Art. 328b of the Swiss Code of Obligations. In the present case, it did not cover the overly extensive data supply.
Details can be found in the Summary at swissblawg.