Art. 33 Bundesgesetz vom 6. Oktober 2000 über den Allgemeinen Teil des Sozialversicherungsrechts (ATSG) - Schweigepflicht

EDÖB · EKQMB Dokumente zu (Art. 33 ATSG)

FDPIC Rules on Access to Medical and Insurance Files

This provision on the duty of confidentiality in social security law is invoked as a special provision limiting access under the FOIA.

EDÖB · Raccomandazione del (Art. 33 LPGA)

Right to access AVS/AI account statement denied due to lack of public interest

Examined as a potential exception to transparency, but ultimately not considered a valid exception under the Transparency Law.

2022.07.28.sv.4 · bl (Art. 33 ATSG)

Unemployment Benefits Denial Overruled Due to Unlawful Data Use

Cited in relation to the duty of confidentiality and its exceptions concerning personal data.

30.2021.8 · ti (Art. 33 LPGA)

Heirs' Liability for Deceased's Social Security Contributions

Cited in the context of the obligation to maintain secrecy regarding third parties' personal data.

200 2018 326 · be (Art. 33 ATSG)

Disability Insurance Pension Revocation Upheld Based on Admissible Surveillance Evidence

Cited implicitly in the reasoning (E. 5.1.2) to reference the duty of confidentiality for case managers.

608 2018 111 · fr (art. 33 LPGA)

Disability Pension Revocation Upheld Despite Initial Grant Based on Treating Physicians

Cited in the reasoning section (5.1) to establish the obligation of secrecy for social insurance auxiliaries, used to reject the claimant's argument regarding breach of professional secrecy.

A/3636/2017 · ge (Art. 33 LPGA)

Restitution of Training Allowances and Limitation Period for Autonomous Entities

Cited in the reasoning section concerning professional secrecy between institutions.

TVR.2018.Nr.35 · tg (Art. 33 ATSG)

Researcher Access to Deceased's Social Insurance Contribution Records

The court determined that this provision, along with Art. 50a AHVG, did not provide a basis for granting the requested access to the data due to confidentiality obligations.

A/4296/2015 · ge (Art. 33 LPGA)

Insurance Coverage Dispute: Dental Implant vs. Removable Prosthesis Adequacy

Cited in the reasoning section leading up to the dispositive regarding the general obligation of secrecy for participants in social insurance application.

TVR.2015.Nr.31 · tg (Art. 33 ATSG)

Widow Denied Access to Deceased Husband's Disability Files on Appeal

Cited in the reasoning leading to the non-applicability of Art. 50a Abs. 4 lit. b AHVG, which concerns exceptions to the duty of confidentiality regulated in Art. 33 ATSG.

AB.2013.00073 · zh (Art. 33 ATSG)

Heir Denied Direct Access to Deceased Parents' Social Insurance Data in Estate Dispute

While cited extensively in the reasoning as the basis for confidentiality, it was not explicitly cited in the operative orders (1-3). It is excluded based on the rule that only provisions explicitly cited in the dispositive orders (1., 2., etc.) are included.

60.2013.338 · ti (art. 33 LPGA)

Social Insurance Institute Access to Archived Criminal Files Granted

This article concerning professional secrecy was referenced in the reasoning section explaining the conditions attached to the disclosure of information, though it was not explicitly listed in the final orders 1, 2, or 3. However, since the court explicitly listed 'LPGA' in the section 'visti l’art. 62 cpv. 4 LOG, la LPGA ed ogni altra norma applicabile', and the decision implicitly relies on the scope of data handling outlined in LPGA, I check for explicit citation in the dispositive. Since the dispositive only states 'visti l’art. 62 cpv. 4 LOG, la LPGA ed ogni altra norma applicabile' and the operative section 1 only refers to 'considerandi', the primary cited provision for the outcome is Art. 62 cpv. 4 LOG.

42.2012.19 · ti (art. 33 cpv. 1 LPGA)

Appeal Inadmissibility Due to Lack of Prior Administrative Decision on Benefit Reduction

Cited as the procedural rule governing the complaint mechanism.

42.2012.19 · ti (art. 33 cpv. 2 LPGA)

Appeal Inadmissibility Due to Lack of Prior Administrative Decision on Benefit Reduction

Cited as the provision establishing the right to appeal to the TCA against decisions on complaints.

42.2012.19 · ti (art. 33 cpv. 3 LPGA)

Appeal Inadmissibility Due to Lack of Prior Administrative Decision on Benefit Reduction

Cited as the provision dictating the application of procedural laws in the absence of specific provisions.