Ministry of justice of slovenia legislation




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Appendix 3



CONSTITUTIONAL COURT ACT36
Article 23.a

  
(1) The procedure for the review of the constitutionality or legality of regulations or general acts issued for the exercise of public authority can be initiated by a request submitted by:


- the National Assembly;

- one third of the deputies;

- the National Council;

- the Government;

- the Human Rights Ombudsman if he deems that a regulation or general act issued for the exercise of public authority inadmissibly interferes with human rights or fundamental freedoms;
- the Information Commissioner, provided that a question of constitutionality or legality arises in connection with a procedure he is conducting;

- the Bank of Slovenia or the Court of Audit, provided that a question of constitutionality or legality arises in connection with a procedure they are conducting;

- the State Prosecutor General, provided that a question of constitutionality arises in connection with a case the State Prosecutor's Office is conducting;

- representative bodies of local communities, provided that the constitutional position or constitutional rights of a local community are interfered with;

- representative associations of local communities, provided that the rights of local communities are threatened;

- national representative trade unions for an individual activity or profession, provided that the rights of workers are threatened.


(2) The applicants referred to in the preceding paragraph may not submit a request to initiate the procedure for the review of the constitutionality or legality of regulations and general acts issued for the exercise of public authority which they have adopted by themselves.

Appendix 4



CRIMINAL CODE37

Abuse of Personal Data

Article 143
(1) Whoever publishes or transmits for publication personal data processed without the basis of the statute or the personal consent of the individual to whom the personal data relate, that are processed on the basis of statute or with the personal consent of the individual,
shall be punished by a fine or by imprisonment of up to one year.
(2) Whoever breaks into a computer database in order to acquire personal data for his or a third person's use shall be punished in accordance with the preceding paragraph.
(3) Whoever publishes on the World Wide Web or publishes in another manner or enables another person to publish personal data of victims of criminal offences, victims of violation of rights and liberties, protected witnesses, which are contained in judicial records of court proceedings, in which the presence of the public or witness identification or protected witnesses and personal records thereof related to the court proceeding was not allowed according to the statute or court decision, on the basis of which these persons may be identified or are identifiable,
shall be punished by imprisonment of up to three years.
(4) Whoever assumes the identity of another person or, by processing his personal data, exploits his or her rights, gains proceeds or non-pecuniary benefits or adversely affects his personal dignity,
shall be punished by imprisonment from three months up to three years.
(5) Whoever commits the offence referred to in paragraph 1 of this Article by trnasminitting for publication or publishing sensitive personal data,
shall be punished by imprisonment of up to two years.
(6) If any offence from the preceding paragraphs of this Article is committed by an official person through the abuse of office or official authority,
he shall be punished by imprisonment of up to five years.
(7) The prosecution under paragraph 4 of this Article shall be initiated upon a motion.

Appendix 5




OBLIGATIONS CODE38

Request to Cease Infringement of Personality Rights
Article 134
(1) All persons shall have the right to request the court or any other relevant authority to order that action that infringes the inviolability of the human person, personal and family life or any other personality right be ceased, that such action be prevented or that the consequences of such action be eliminated.
(2) The court or other relevant authority may order that the violator cease such action, with failure to do so resulting in the mandatory payment of a monetary sum to the person affected, levied in total or per time unit.
Reimbursement of Material Damage in Case of Defamation or Calumny
Article 177
(1) Any person that defames another or asserts or disseminates untrue statements on the past, knowledge or capability of another, even though the former knows or should have known that they were untrue, and thereby inflicts material damage on the latter must reimburse such damage.
(2) However any person that reports anything untrue about another without knowing that such was untrue shall not be liable for the damage inflicted if there was a serious interest in so doing for the former or the person to whom the report was made.

Publication of Judgement or Correction
Article 178
In a case of the infringement of a personality right the court may order the publication of the judgement or a correction at the injurer’s expense or order that the injurer must retract the statement by which the infringement was committed or do anything else through which it is possible to achieve the purpose achieved via compensation.

Monetary Compensation
Article 179
(1) Just monetary compensation independent of the reimbursement of material damage shall pertain to the injured party for physical distress suffered, for mental distress suffered owing to a reduction in life activities, disfigurement, the defamation of reputation or honour, the truncation of freedom or a personality right, or the death of a close person, and for fear, if the circumstances of the case, particularly the level and duration of distress and fear, so justify, even if there was no material damage.
(2) The amount of compensation for non-material damage shall depend on the importance of the good affected and the purpose of the compensation, and may not support tendencies that are not compatible with the nature and purpose thereof.

1 Personal Data Protection Act is in Slovene language: Zakon o varstvu osebnih podatkov. ZVOP-1 is its official acronym in Slovene language. This Act was published in: Official Gazette of the Republic of Slovenia, No. 86/2004, as of 5 August 2004. The full list of Official Gazettes, in which the Personal Data Protection Act and it changes since 2004 are published is: Official Gazette of the Republic of Slovenia, Nos. 86/2004, 113/2005 – ZInfP, 51/2007 – ZUstS-A and 67/2007. Its officially consolidated text (acronym: ZVOP-1-UPB1) is published in: Official Gazette of the Republic of Slovenia, No. 94/2007.

2 A verbatim translation would be: "not in accordance with the statute".

3 In original text of this Act in Slovene language the term "individual" is used both in its male and female form ("posameznik oziroma posameznica").

4 A verbatim translation would be: "statutorily" - meaning by the statute/following a statute (a general act of Parliament).

5 Citizenship.

6 A verbatim translation of the term "obraz" (in Slovene language) would be: "face".

7 Provided for by statute (a general act of Parliament).

8 Provided for by statute (a general act of Parliament).

9 This term "contractually" represents the abbreviation of the Slovene legal institute of "capacity to contract" (for the purposes of this Act), which is in Slovene "poslovna sposobnost". For example, a similar German legal term is "Geschäftsfähigkeit". In the Republic of Slovenia natural persons obtain the partial capacity to contract when they attain 15 years of age (see Article 108 of the Marriage and Family Relations Act, Official Gazette of the SRS, Nos. 15/76, 30/86, 1/89 and 14/89 – Consolidated Text, Official Gazette of the RS, Nos. 13/94, 82/94, 29/95, 26/99, 60/99 – Decision of the Constitutional Court, 70/2000, 64/2001, 110/2002, 16/2004, 69/2004 – Officially Consolidated Text, 101/2007 - Decision of the Constitutional Court, 90/2011 - Decision of the Constitutional Court and 84/2012 - Decision of the Constitutional Court) and obtain the full capacity to contract when they attain 18 years of age (Article 117, paragraph 1 of the Marriage and Family Relations Act), or if a minor (a person between 15 years and below 18 years of age) under certain conditions concludes a marital union (Article 117, paragraph 2) and a minor can also obtain it if he/she became a parent and if there are "significant" reasons for obtaining the full capacity to contract (Article 117, paragraph 3), following a decision by the court in non-contentious proceedings.

10 Provided for by statute (a general act of Parliament).

11 Provided for by statute (a general act of Parliament).

12 Provided for by statute (a general act of Parliament).

13 Provided for by statute (a general act of Parliament).

14 Verbatim: statutory (in accordance with a statute, meaning mostly in accordance with this Act).

15 Verbatim: statutory (in accordance with a statute, meaning mostly in accordance with this Act).

16 See: Rules on the Methodology of Managing the Register of Filing Systems, published in: Official Gazette of the RS, Nos. 28/2005 and 30/2011 (in Slovene language: "Pravilnik o metodologiji vodenja registra zbirk osebnih podatkov").

17 In original text of this Act in Slovene language the term "the Chief National Supervisor for Protection of Personal Data" is used both in its female and male form ("glavna državna nadzornica oziroma glavni državni nadzornik za varstvo osebnih podatkov").

18 See: Rules on the charging of expenses concerning the execution of the individual's right to acquaint himself with his own personal data, published in: Official Gazette of the RS, Nos. 85/2007 and 5/2012 (in Slovene language: "Pravilnik o zaračunavanju stroškov pri izvrševanju pravice posameznika do seznanitve z lastnimi osebnimi podatki").

19 In Slovene language "self-dependent" is: "samostojen". A literal translation would be: "standing on its own". Self-dependent means from the viewpoint of legal terminology less than independence and more than autonomy. A similar legal term in German language is "Selbständigkeit". However, in actual terms self-dependent is understood to mean nearly the same as independent.

20 In original text of this Act in Slovene language the term "National Supervisors for Personal Data Protection" is used in its female and male form ("državna nadzornica oziroma državni nadzornik za varstvo osebnih podatkov").

21 See: Rules on the specific part of the professional examination taken by state supervisor for personal data protection, published in: Official Gazette of the RS, No. 57/2006 (in Slovene language: "Pravilnik o posebnem delu strokovnega izpita za državnega nadzornika za varstvo osebnih podatkov").

22 Verbatim: statutory (in accordance with a statute).

23 Verbatim: statutory compliance (in accordance with a statute).

24 See Rules on the Official Identity Card of State Supervisor for personal data protection, published in: Official Gazette RS, No. 35/2013 (in Slovene language: "Pravilnik o službeni izkaznici državnega nadzornika za varstvo osebnih podatkov").

25 For a possible interpretation of Article 54, paragraph 2 of the Personal Data Protection Act of the Republic of Slovenia see: Bostjan Makarovic: The new Slovenian personal data protection act: Statutory limits to injunctive regulation of the internet, Computer & Security Law Report (2005), 21, Elsevier Ltd., pp. 322-327, especially pp. 326-327.

26 See: Act on Access to Information of a Public Character (Official Gazette of the RS, Nos. 24/2003, 61/2005, 113/2005 - ZInfP, 28/2006 and 117/2006 - ZDavP-2). In Slovene language: "Zakon o dostopu do informacij javnega značaja".

27 In original text of this Act in Slovene language the term "the Human Rights Ombudsman" is used both in its female and male form ("varuhinja oziroma varuh človekovih pravic").

28 See: Rules on Acquiring Required Information for the Decision-making on the Transfer of Personal Data to Third Countries, published in: Official Gazette of the RS, No. 79/2005 (in Slovene language: "Pravilnik o pridobivanju potrebnih informacij za odločanje o iznosu osebnih podatkov v tretje države").

29 Verbatim: statutory (in accordance with a statute).

30 The definition of direct marketing is therefore: "Data controller's use the personal data of individuals that he obtained from publicly accessible sources or within the framework of the lawful performance of activities, also for the purposes of offering goods, services, employment or temporary performance of work through the use of postal services, telephone calls, electronic mail or other telecommunications means.".

31 This means other statutes, not the Personal Data Protection Act.

32 Verbatim: statutory (in accordance with a statute).

33 Official Gazette of the Republic of Slovenia, Nos. 33/91-I, 42/97, 66/2000, 24/2003, 69/2004, 68/2006 and 47/2013. Constitution of the Republic of Slovenia is in Slovene language: "Ustava Republike Slovenije".

34 Official Gazette of the Republic of Slovenia, Nos. 113/2005 and 51/2007-ZustS-A. Information Commissioner Act is in Slovene language: "Zakon o Informacijskem pooblaščencu".


35 The Information Commissioner Act was published in the Official Gazette of the Republic of Slovenia, No. 113/2005 on 16 December 2005 and entered into force on 31 December 2005.

36 Official Gazette of the Republic of Slovenia, Nos. 15/94, 64/01 – ZPKSMS, 51/2007, 64/2007 – Officially Consolidated Text and 109/2012. Constitutional Court Act is in Slovene language: "Zakon o ustavnem sodišču".

37 Official Gazette of the Republic of Slovenia, Nos. 55/2008, 66/2008 – correction, 39/2009, 91/2011 and 50/2012 – Officially Consolidated Text. Criminal Code is in Slovene language: "Kazenski zakonik".

38 Official Gazette of the Republic of Slovenia, Nos. 83/2001, 32/2004 – Authentic Interpretation of Article 195, 28/2006 - Decision of the Constitutional Court, 40/2007 and 97/2007 – Officially Consolidated Text. Obligations Code is in Slovene language: "Obligacijski zakonik".

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