(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.

(13) The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31 of Directive 95/46/EC,

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:

2. Member States shall inform the Commission without delay when measures are adopted on the basis of paragraph 1.

For the Commission