مسؤولية الإدارة عن الأضرار الناجمة من إفشاء الموظف للسر المهني

Abstract EN

The legislator has put in place protection for the professional secrecy of the public employee.

In addition to criminal protection of the professional secrecy stipulated in the Penal Code, there is civil protection for the professional secret, whereby the employee is asked to compensate for the damages resulting from the disclosure of the professional secret kept with him.

According to the determination of the type of error made by the public employee regarding the disclosure of the professional secret, the person responsible for compensating the offended person for the damage caused or lost by the gain is determined.

The committed error, namely the disclosure of the professional secret, is a personal mistake incited by the whims and desires of the employee that have nothing to do with the job he is performing.

Here, the employee is interrogated about this mistake.

The error may be attached to the job that the employee is performing, so the administration will ask for compensation for the injured for the damages resulting from the disclosure of the professional secret.

Responsibility against the state is based on the responsibility of the person responsible for the actions of his subordinate on the basis of which the injured can refer to the state and the employee at the same time to compensate.