Regulation on the Dispensation from the Seal of Confession

1 This regulation governs the implementation of the provisions regarding the purpose and

the exemption from the pastoral secrecy obligation (§ 40a Employment Regulations2). It designates the body responsible for the exemption as well as

the procedure that must be observed by the parties involved.

2 It is applicable to employees of parish communities, the Roman

Catholic Corporation of the Canton of Zurich, and church

institutions for which the Employment Regulations of the Roman

Catholic Corporation of the Canton of Zurich are applicable, provided that

they hold an ecclesiastical appointment or an ecclesiastical commission (with

or without Missio). These include

Priests and deacons,

Pastoral assistants (female and male),

Religious educators (female and male),

other pastoral caregivers (female and male).

3 Catechists (female and male) are not covered by this regulation.

4 The seal of confession does not fall within the scope of this regulation.

1 The body for the dispensation from the seal of confession is composed

of

the Vicar General,

the President of the Synodal Council,

the Head of Presidential Affairs of the Synodal Council.

2 The competence for determining and amending the composition

of the body lies with the Vicar General and the Synodal Council.

Composition and

Appointment of the

Body

1 The panel may, in accordance with Article 321 of the Swiss Criminal Code, only render decisions upon request of the person holding the secret.

1.4.21-112

1

182.43

Regulation on the Release from the Secrecy of Pastoral Care

2 Release from the secrecy of pastoral care may only be granted if the panel unanimously consents to the release.

3 Circular resolutions are possible.

The decisions of the body are to be recorded in minutes and signed by the Vicar General and by the President of the Synodal Council.

The body shall submit an annual report, in anonymized form, to the Synodal Council concerning the number of requests and the dispensations from the pastoral seal.

II. Procedure

1 If the person entrusted with the secret deems it necessary to disclose the entrusted secret to third parties, they must first attempt to obtain the consent of the secret owner.

**2 In cases of particular urgency, especially where there is a risk of harm to oneself or others, or if consent would evidently be refused, the prior obtaining of the secret owner's consent may be waived.**

1 If the secret bearer fails to obtain the consent of the secret owner, they shall submit an application to the committee for release from the pastoral secret. The application must be substantiated. The circumstances justifying a release must be listed.

2 Only the secret bearer is entitled to submit this application, and not a third party interested in the disclosure of the secret.

1 The body must weigh the interest in disclosure against

the need of the secret holder for

confidentiality.

2 It determines, in observance of the principle of proportionality,

to what extent and to whom confidential facts may be disclosed.

Regulation on the Release from the Pastoral Secrecy

182.43

3 A predominant interest in disclosure exists in particular

if there is a serious risk that the secret holder

endangers themselves or third parties or commits a criminal offense

that severely harms someone physically, emotionally, or

materially.

4 The secret holder must generally be granted the right to be heard

before release from pastoral secrecy. In urgent cases, this may be waived.

5 A permit is always related to the individual case. A general

release is not possible.

6 Retroactive decisions are permissible.

7 The release establishes a right to disclosure but does not

obligate the secret bearer to do so.

They ultimately decide themselves whether the secret is revealed.

8 If the body has refused permission, the secret bearer acts

at their own risk if they nevertheless disclose the secret.

1 If the body refuses authorization for disclosure, it shall notify the secret-bearer via an appealable decision.

2 If the body has granted the secret-bearer's request for release from the pastoral secret and the secret-bearer has disclosed the secret to third parties, the approving decision of the body shall be communicated via an appealable decision to both the secret-owner and the secret-bearer.

3 The appeals body is the Appeals Commission. Any potential appeal shall be deprived of suspensive effect.

Regarding all activities and knowledge acquisition, the members of the committee are subject to the obligation of confidentiality. Excluded from this is the annual report pursuant to § 5.

1.4.21-112

3

Regulations on the Release from the Pastoral Confidentiality Obligation

182.43

III. Final Provisions

Amendments

This regulation was issued in agreement with the Delegate of the Apostolic Administrator for the diocesan region of Zurich and Glarus. Amendments require written form and the prior consent of the Synodal Council and the Vicar General for the diocesan region of Zurich and Glarus.

Entry into force

4

1 BGE 76, 33; ABI 2020-11-20.

2 FGA 182.41.

3 SR 311.0.