Students who use psychological counselling at university often ask first who will learn about it. The question is justified, because conversations about strain, exam anxiety or family conflict touch very personal matters. This guide explains what confidentiality (Schweigepflicht) means in this context, which statutory exceptions exist and how you can clarify them in conversation.
Short answer: What you tell counsellors in a session generally stays confidential. Section 203 of the German Criminal Code (StGB) makes the unauthorised disclosure of certain secrets punishable, and the duty applies to professional groups such as psychologists with a state-recognised examination, members of health professions, state-recognised social workers and social pedagogues, and certain counsellors in recognised counselling centres. Exceptions exist under the law and professional rules. Last updated: November 2026.
The most important points at a glance
- The duty of confidentiality follows from section 203 StGB, not merely from a university policy.
- Psychologists with a state-recognised academic examination fall under the rule, according to the statutory text.
- Unauthorised disclosure is punishable by up to one year in prison or a fine.
- The duty has legal limits, and you should raise these limits in the first conversation.
- Confidentiality also depends on documentation and data protection, not only on the duty of confidentiality.
What the duty of confidentiality under section 203 StGB covers
The provision protects secrets that are entrusted to members of certain professions. According to its wording, it punishes, among others, psychologists with a state-recognised academic examination who unlawfully disclose a third party’s secret. Marriage, family, educational and youth counsellors and addiction counsellors in a recognised counselling centre are also covered (subsection 1 no. 4), as are members of health professions with a state-regulated training (no. 1) and state-recognised social workers and social pedagogues (no. 6). Under subsection 2 the same penalty applies to public officials and persons specially obliged for the public service to whom a secret was entrusted. Whether that applies to staff of a state university depends on their position.
The statute does not name psychotherapists explicitly. Whether the counsellor counts as a member of a health profession with a state-regulated training depends on their qualification. For counselling at a university, it is therefore important to know which professional qualification the counsellor holds. You can ask this openly at the start.
| Group under section 203 StGB | Meaning for university counselling |
|---|---|
| Psychologists with a state-recognised academic examination (subsection 1 no. 2) | Often the group to which psychological counselling services belong |
| Members of health professions with state-regulated training (subsection 1 no. 1) | Applies where counselling takes place within a health profession |
| State-recognised social workers and social pedagogues (subsection 1 no. 6) | Relevant where the counselling is given by such a professional |
| Marriage, family, educational, youth and addiction counsellors in a recognised counselling centre (subsection 1 no. 4) | Relevant for counselling in recognised centres, including outside the university |
| Public officials and persons specially obliged for the public service (subsection 2) | Can apply to staff of state institutions, depending on their position |
The table describes the groups according to the wording. Whether a particular counselling falls under them depends on the position of the counsellor and on the offer itself.
When the duty of confidentiality has limits
The law recognises cases in which disclosure is authorised. This applies, for example, where a statutory duty to pass information on exists or where the person concerned consents. The precise limits follow from the statute itself, from the professional rules of the group concerned and, in individual cases, from case law. A general formula that fits every situation does not exist.
It is important to raise the limits in the first conversation. Ask specifically in which situations information would be passed on and whether relatives, the university or examination offices would learn anything. This avoids surprises later.
Who else takes part in counselling
The law also covers people who assist in counselling. Under section 203 subsection 3, making secrets available to professional assistants or trainees is not regarded as disclosure, as far as this is necessary for their work. These persons are also bound to secrecy, and their unauthorised disclosure is punishable under subsection 4.
For you this means that a counselling point is not a single person in a vacuum. Ask who has access to notes or appointments and how files are stored.
Confidentiality is more than the duty of confidentiality
The duty of confidentiality regulates who may pass on information. Data protection additionally regulates how information is stored, processed and deleted. For appointment bookings through an online system or an email address, criminal law therefore matters, but so does the university’s data protection. Read the data protection notices before you submit personal details.
Pay attention to how you communicate as well. A message to a general university address can be read by several people. A personal conversation or a separate contact form often offers more security.
What to clarify in the first conversation
The first conversation is not only for describing your concern. It is also the moment when you learn the framework of the counselling. Many students are nervous and forget questions they later regret. A short list helps you approach the appointment calmly.
- Which professional qualification does the counsellor hold, and under which duty of confidentiality does the person fall?
- In which situations would information be passed on, and who would learn about it?
- Are notes kept, who has access to them, and how long are they stored?
- Are there details that are not needed for your concern, so that you need not provide them?
- How can I book a further appointment without it running through an open mailbox?
You do not have to tell everything in the first conversation. You can also say that you first want to clarify the framework. Serious counselling takes that question seriously and answers it openly.
What you can do yourself to protect confidentiality
You can contribute a great deal to keeping your details protected. For appointment requests, use personal channels where possible, or an address that only you read. Avoid having confirmations sent to a group address if you can. When you submit documents, check beforehand whether every detail in them is necessary. Keep a copy for yourself so that you know what you have passed on.
If you are unsure whether your details are protected during counselling, you may raise it. Questions about confidentiality are not impolite. They are part of a responsible approach to personal matters.
Frequently asked questions
Does my university learn about my counselling?
Counselling is subject to confidentiality. Information is not passed on to the university without reason. If you need a compensation for disadvantages, you decide which evidence you submit. The guide compensation for disadvantages due to mental illness describes how that works.
May the counselling inform my parents?
No, not without your consent. Exceptions apply only where a statutory authority exists. Parents receive information only if you explicitly want that. Raise this in the first conversation.
What happens if I contact counselling in a crisis?
The duty of confidentiality applies there too. In an acute situation of danger there can be exceptions that the legislature provides for. It is therefore helpful to ask in the first conversation how counselling proceeds in an emergency. According to the Federal Government, the Telefonseelsorge can be reached around the clock on 0800/1110111.
Do I have to name my diagnosis?
No. For a counselling conversation, a description of your situation is often enough. A diagnosis is usually only needed for an application or for treatment. Ask which details are actually necessary for your concern.
What to do now
- Write down your questions about confidentiality before you book the appointment.
- Ask in the first conversation which professional group the counsellor belongs to and where the limits of confidentiality lie.
- Clarify who has access to notes and how long documents are kept.
- Only then decide which evidence you submit for an application.
Related articles
- Student mental health: where to find help
- Psychological counselling at university
- Counselling services outside the university
- Compensation for disadvantages due to mental illness
- Finding a psychotherapist
Sources: Section 203 StGB, Violation of private secrets, gesetze-im-internet.de (retrieved November 2026, German); Hotlines for help and crisis, Federal Government (retrieved November 2026, German).
Last updated: November 2026. This guide is general information, not individual advice.
