(1) Pursuant to Directive 95/46/EC Member States are required to provide that the transfer of personal data to a third country may take place only if the third country in question ensures an adequate level of protection and if the Member State's laws implementing other provisions of the Directive are complied with prior to the transfer.
(7) The Swiss Data Protection Act of 19 June 1992 entered into force on 1 July 1993. The implementing rules for certain provisions of the Act concerning, in particular, the right of access of the persons concerned, the notification of processing operations to the independent supervisory authority, and the transfer of data to a foreign country were laid down by order of the Federal Council. The Act applies to the processing of personal data by Federal bodies and by the entire private sector, and to processing operations carried out by cantonal bodies pursuant to Federal law, where such processing is not subject to cantonal provisions on data protection.
(8) Most of the cantons have adopted legislation on data protection for the areas for which they are competent, in particular public hospitals, education, direct cantonal taxes and the police. In the remaining cantons, such data processing is governed by regulatory acts or by the principles of cantonal case-law. Whatever the source and content of the cantonal provisions, or even if no cantonal provisions exist, cantons must adhere to the constitutional principles. In their field of responsibility, the cantonal authorities may have to transfer personal data to public authorities in neighbouring countries, mainly for the purpose of mutual assistance to safeguard important public interests or, in the case of public hospitals, to protect the vital interest of the persons concerned.
(10) The legal standards applicable in Switzerland cover all the basic principles necessary for an adequate level of protection for natural persons, even if exceptions and limitations are also provided for in order to safeguard important public interests. The application of these standards is guaranteed by judicial remedy and by independent supervision carried out by the authorities, such as the Federal Commissioner invested with powers of investigation and intervention. Furthermore, the provisions of Swiss law regarding civil liability apply in the event of unlawful processing which is prejudicial to the persons concerned.
This Decision concerns only the adequacy of protection provided in Switzerland with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
1. Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in Switzerland in order to protect individuals with regard to the processing of their personal data in cases where:
