[The responsibility for confidentiality--private insurance medicine information--data protection].

1. Professional discretion/insurance discretion and data privacy protection are dependent, they overlap and supplement. The insurance discretion has contractual foundations, which originate in the personal insurance's unique confidential relationship. Data privacy protection is conceptually based on the Federal Data Protection Law, signed on Jan. 27, 1977. Insurance discretion and data privacy protection are of the upmost universal personal rights protected under the constitution. 2. Violation of either the "doctor's duty of discretion" or the "personal insurance's duty of discretion" is punishable by law. 3. The regulations regarding the policy holder's violation of his duty to disclose substantial risks and their verification are supplemented by contractual stipulations calling for a release from the duty of professional discretion. 4. The data privacy protection clause, also a contractual stipulation, takes into account the "relativity of the personal domain" in view of the insurance companies' mass business and the particulars of the "community of risks". 5. Professional discretion/insurance discretion and data privacy protection have experienced a legally ensured and practical interpretation. However this does not exonerate the insurance medical doctors, especially in borderline cases, from reflecting with great care and according to standard legal principle on the observance of professional discretion.