(1) Whosoever unlawfully discloses a secret which has been confided or become known to him in his capacity as

1.  a public official;

2.  a person entrusted with special public service functions; or

3.  a person who exercises duties or powers under the laws on staff representation

and thereby causes a danger to important public interests, shall be liable to imprisonment not exceeding five years or a fine. If by the offence the offender has negligently caused a danger to important public interests he shall be liable to imprisonment not exceeding one year or a fine.

(2) Whosoever other than in cases under subsection (1) above unlawfully allows an object or information to come to the attention of another or makes it publicly known

1.  which he is obliged to keep secret on the basis of a resolution of a legislative body of the Federation or a state or one of their committees; or

2. which he has been formally put under an obligation to keep secret by another official agency under notice of criminal liability for a violation of the duty of secrecy,

and thereby causes a danger to important public interests shall be liable to imprisonment not exceeding three years or a fine.

(3) The attempt shall be punishable.

(3a) Acts of aiding by a person listed under section 53(1) 1st sentence No 5 of the Code of Criminal Procedure shall not be deemed unlawful if they are restricted to the receipt, processing or publication of the secret or of the object or the message in respect of which a special duty of secrecy exists.

(4) The offence may only be prosecuted upon authorisation. The authorisation shall be granted

1.  by the president of the legislative body

(a)  in cases under subsection (1) above if the secret became known to the offender during his service in or for a legislative body of the Federation or a state;

(b)  in cases under subsection (2) No 1 above;

2.  by the highest Federal public authority:

(a)  in cases under subsection (1) above if the secret became known to the offender during his service in or for a public authority or in another official agency of the Federation or for such an agency;

(b)  in cases under subsection (2) No 2 above if the offender was under put under obligation by an official agency of the Federation;

3.  by the highest state public authority in all other cases under subsections (1) and (2) No 2 above.