The Court of Appeal of the Canton of Basel-Stadt had to deal with the facts of Art. 321 StGB (violation of professional secrecy) (decision of March 13, 2019, AG.2019.255, Swisslex). It was questionable whether a graduate of a psychology program could fall under this provision.
The Appellate Court answered this question in the negative in the specific case on the objective as well as subjective side of the facts:
The fact that the respondent had studied psychology may have made him appear even more trustworthy to the complainant. Conversely, however, it is just as possible that his trustworthy character predestined him for such studies. However, an increased trustworthiness, which may derive from a previously completed study or from the personal character trait of the respondent […] is not sufficient to establish the required causal connection. […]. Since the facts of Art. 321 StGB require intent on the subjective side, this would also have to refer to the causal connection […]. I.e. it would have to be possible to prove the respondent, that he knew that the complainant gave him information about her personal situation on the occasion of the chance encounter on the street in Zurich only because he was studying psychology. Such a proof is unlikely to succeed with the utmost certainty.
The Appellate Court was therefore able to leave open the question of whether a completed psychology course can in itself fulfill the elements of Art. 321 StGB at all:
The question of whether the respondent actually holds a master’s degree or equivalent degrees and without a formal professional license is legally covered by the disputed professional secrecy provisions at all, can, in view of the following considerations be left open.