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Authorisation for the Transfer of Personal Data to Switzerland - 17 october 2001 [1669686]

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Trasferimento dei dati personali all´estero  - Autorizzazione al trasferimento dei dati verso la Svizzera

Authorisation for the Transfer of Personal Data to Switzerland - 17 october 2001

Garante per la protezione dei dati personali

Prof. Stefano Rodotà, President, Prof. Giuseppe Santaniello, Vice-President, Prof. Gaetano Rasi and Mr Mauro Paissan, members, and Mr Giovanni Buttarelli, Secretary General, having convened today,

Having regard to Article 25(1) and (2) of directive 95/46/EC of the European Parliament and of the Council of 24 October 1995, providing that personal data may be transferred to a country outside the European Union if the third country in question ensures an adequate level of protection, as set forth in paragraph 2 of the abovementioned Article,

Having regard to Article 25(6) of the abovementioned directive, providing that the European Commission may find that a third country ensures an adequate level of protection within the meaning of paragraph (2) above for the protection of the private lives and the rights and fundamental freedoms of individuals,

Having regard to the European Commission´s Decision of 26 July 2000, no. 2000/518/EC as published on the Official Journal of the European Communities L215 of 25 August 2000 and L115 of 25 April 2001, in which it is found that Switzerland ensures an adequate level of protection of the personal data transferred from the European Union,

Whereas Member States are required to take the necessary measures to comply with the Commission´s Decision in pursuance of paragraph 6 of said Article 25 of the directive,

Having regard to Article 28 of Act no. 675 of 31 December 1996, providing that the transfer of personal data to third countries may take place a) where the laws of the country of destination or transit ensure an adequate level of protection of individuals or, with respect to sensitive data or certain categories of judicial data, a level of protection that is equal to the one ensured by Italian laws, b) in the cases referred to in paragraph 4 of Article 28, or c) where it is authorised by the Garante on the basis of adequate safeguards for the data subject´s rights, which may result from contractual arrangements (paragraph 4, subheading g) ),

Whereas it is necessary to take the measures required to implement the Commission´s Decision, as provided for by said Article 28, pending the full transposition of directive no. 95/46/EC,

Whereas the Federal Constitution and other provisions in force in Switzerland as regards the protection of personal data, which have been taken into consideration by both the Commission and the Working Party on the Protection of Individuals with regard to the Processing of Personal Data established under Article 29 of said directive, offer safeguards for data subjects´ rights that must be considered adequate as required by Community law within the meaning of Article 28(4), subheading g), of Act no. 675/1996,

Whereas the Commission´s Decision may be adapted in the light of experience with its implementation and/or new requirements made by Swiss legislation (see Article 4),

Having regard to Articles 2 and 3 in the Commission´s Decision concerning controls and measures by data protection authorities of Member States on lawfulness and fairness of data transfers and data processing operations preceding said transfers, also in the light of the provisions made in Article 4 of Directive 95/46/EC on the national law applicable,

Whereas it is necessary to publicise further the abovementioned Decision by having it published on the Official Journal of the Italian Republic as an Annex to this authorisation,

Having regard to official records,

Having regard to the considerations made by the Secretary General on behalf of the authority, as required by Article 15 of Regulations no. 1/2000,

Acting on the report submitted by Prof. Gaetano Rasi,


1) authorises the transfer of personal data from the State´s territory to Switzerland in compliance with the European Commission´s Decision no. 2000/518/EC of 26 July 2000;

2) reserves the right to perform the necessary controls on lawfulness and fairness of data transfers and processing operations preceding said transfers in pursuance of Community law, Act no. 675/1996 and Articles 2 and 3 of the Commission´s Decision, and to take action possibly by suspending or prohibiting the transfer;

3) orders that this authorisation and the Commission´s Decision annexed hereto be sent to the Publishing Department at the Ministry of Justice for them to be printed on the Official Journal of the Italian Republic.

Done in Rome, this 17th day of October 2001

The President

The Rapporteur

The Secretary General