Art. 26 State Personnel Act (SPA)

**1. An employee may not appear in court as a party, witness, or expert regarding facts they have become aware of through their work and which must remain confidential by their nature, circumstances, or special instructions unless they have written authorization. This authorization remains necessary even after the termination of employment.**

**2. The competent authority to grant this authorization and, more generally, to lift the obligation of confidentiality is:**

a) The Government for members of the Government and the Chancellor;

b) The Judicial Oversight Council for judges within the meaning of the judicial organization law;

c) The Bureau of Parliament for other magistrates;

d) The department head for employees.

**3. Authorization may only be refused if an overriding public interest requires it. If necessary, the authority can specify the points on which the employee's testimony must focus.**

**4. The same rules apply to the submission of official documents in court and the issuance of certificates.**

**5. The provisions of special legislation remain reserved.**

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