skip to content
 

Data Protection Laws and Freedom of Expression: SloveniaFlag of Slovenia

 

I. First-Generation Statutory Law

 
Special Expression Derogation
No specific provision adopted.
 
Broad Expression Derogation
No specific provision adopted.
 
Personal Exemption
No specific provision adopted.
 
Knowledge Facilitation Framework
Art. 10 provided that a transfer of personal data to other uses was permitted for statistical, scientific research, educational or other similar purposes, if an identification of the ‘individuals concerned’ was not possible. Personal data was also permitted to be transferred abroad, if based on agreements inter alia on scientific cooperation, full protection was guaranteed, the concerned individual consented thereto and the transfer was registered with the Data Protection authority (sec. 26).
Parliamentary Debates
The parliamentary debates have not been found.
 

II. Second-Generation Statutory Law

A second-generation data protection, the ZVOP 1999, was first adopted on 8 July 1999.  A completely updated law was agreed on 15 July 2004 (Personal Data Protection Act 2004)).
 
Special Expression Derogation
The ZVOP 1999 contained no clearly relevant provisions (but see below under knowledge facilitation for exemptions for museums, libraries, archives etc.).
The 2004 law provide a narrow but unconditional exemption for the media when processing for the purposes of informing the public as regards the DPA notification duty and the international data transfer conditions (art. 7(3)). No specific derogations were set out for other special expressive purposes.
 
Broad Expression Derogation
The ZVOP 1999 contained no clearly relevant provisions (but see below under knowledge facilitation for exemptions for museums, libraries, archives etc.).
No specific provision adopted.
 
Personal Exemption
The law did not apply to the processing of personal data performed by individuals exclusively for personal use, family life or other domestic needs (art. 7(1)).
 
Knowledge Facilitation Framework
The ZVOP 1999 provided a categorical exemption for personal data contained in books, publications, and other materials stored in museums, libraries, archives and similar public which are public and generally accessible (art. 5(4)).The law also enabled personal data to be provided to another for statistical and scientific research purposes (art. 11) and also for sensitive data to be obtained other than from the data subject (art. 8) but in each case only if the data was in a form which did not allow for the identification of individuals (art. 8).The law enabled the central population register to supply names, occupations and addresses of individuals for research samples so long as these individuals had been informed of this possibility in writing and had prohibited this (art. 11).
 
Art. 17 of the 2004 Act provided for a narrow exemption from the incompatibility principle for the processing of data for historical, statistical and scientific research purposes. This exemption, however, only applied if the respective data are anonymized, unless a statute provided otherwise, or the individual consented to the processing. Results of such processing should only be published in anonymized form, unless otherwise provided by a statute or the individual to which the personal data related gave written consent. No exemptions were provided from the proactive direct or the reactive transparency (subject access) rules, the sensitive information rules or the legitimating grounds, international data transfers or obligation of notification conditions. Unlike in Directive 95/46 itself, the limitation to the proactive indirect transparency rule on grounds of impossibility or disproportionate effort were limited to processing of personal data for historical, statistical or scientific purposes (art. 19(5)).
Parliamentary Debates
No parliamentary debates substantively addressing the balance between data protection and freedom of expression have been found.
 
 

III. Third-Generation Statutory Law

Slovenia is in the process of adopting third-generation data protection statutory law implementing the GDPR.
Parliamentary Debates
Slovenia is in the process of implementing the GDPR.