*Urban Brulc, LL.M., Senior Legal Adviser Information Commissioner of the Republic of Slovenia THE EXAMPLE OF THE INFORMATION COMMISSIONER IN SLOVENIA.

*Urban Brulc, LL.M., Senior Legal Adviser

Information Commissioner of the Republic of Slovenia

THE EXAMPLE OF THE INFORMATION THE EXAMPLE OF THE INFORMATION COMMISSIONER IN SLOVENIA AS COMMISSIONER IN SLOVENIA AS

PSI & PERSONAL DATA PROTECTION AUTHORITYPSI & PERSONAL DATA PROTECTION AUTHORITY

TWO GROUPS OF COMPETENCIES UNITED IN ONE BODY

ACCESS TO PSI & RE-USE

1. Appelate procedure → issuing binding decisions

2. Misdemeanor procedure (limited)

3. Participation in lawmakig process

PERSONAL DATA PROTECTION

1. Performing supervision & issuing supervision measures (inspection procedure)

2. Misdemeanor procedure (“full power”)

3. Issuing various decisions - complaint procedure (...)

4. Issuing various decisions -procedure on first instance (...)

5. Issuing legal opinions 6. Participation in lawmakig

process

COMPATIBILITY?

Can one person (employee at IC) work in both fields?

Are both fields in compliance?

What is the ratio between the amount of work (and employees) in both fields?

Access to PSI Personal data protection

COMPATIBILITY of substantial law?

Information, intended for re-use is subject to 11 exemptions, including exemption on personal data protection

What is the essence of exemption on personal data protection?

What is the general condition for lawfull disclousure of personal data to the public?

Freedom of Public

Information ActPersonal Data Protection Act

COMPATIBILITY of substantial law?

BOTH ACTS ARE IN ACCORDANCE WITH EACH OTHER AND WITH THE CONSTITUTION!

PERSONAL DATA PROTECTION PREVAILS OVER ACCESS AND RE-USE OF PSI!

CASE 1

The applicant requested all judicial decisions in civil cases for the past 5 years, issued by 11 district courts of first instance. All documents contain names and addresses of participants (individuals). Is disclousure of documents to the applicant lawful? Is “secondary publication” (re-use) lawful as well? Who and how would react?

COMPETENCIES of IC, if whole documents would be revealed to the applicant or to the public

ProhibitionRestoration to a

previous state

Fulfillment of legal requirements

(offense) 4.100 EUR (min.)

for controller

CASE 1

The applicant requested e-mail addresses of allhigh school teachers in all high schools in Slovenia. Is disclousure of documents to the applicant lawful? Is “secondary publication” (re-use) lawful as well?

e-mail addresses of public servants

CASE 1

The applicant requested almost whole e-database of companies and other commercial subjects in Slovenia (the controllers of database are specialised public agency and Supreme Court). Database contains some ID personal data - name, address and ID numbers of founders, members and agents for each subject.

What personal data can be revealed to the applicant?

What personal data is the applicant allowed to reveal to the public?

PROTECTED PERSONAL DATA ?

UNPROTECTED PD ?

LIMITED ACCESS RIGHTS?

LIMITED ACCESS RIGHTS?

CASE 1

The applicant requested whole e-database of Land Registry (the controller of database is Supreme Court). Database contains ID personal data of owners and holders of other civil rights.

PROTECTED

PERSONAL DATA ?

UNPROTECTED

PERSONAL DATA ?

LIMITED ACCESS RIGHTS?

CASE 1

The applicant requested names and contact information of all students that still receive scholarship directly from state budged. Is disclousure of data to the applicant lawful? Is “secondary publication” (re-use) lawful as well?

Names of students, receiving state scholarship

Personal data, related to the employment of a public official or civil servant ! Personal data, related to spending public funds ! Public interest test!

RELATIVISATION OF EXEMPTION

Are following documents allowed to be re-used?

Contents of a contract, signed by a municipality and the author (natural person)Document that reveals the name of a person which received social financial supportMedical license for a doctor, working in a public hospitalBar exam certificate for judgesSalary slip of a civil servant (without data on privat address, tax number, loans, children, working experience)

Personal data protection seems to be inconvenient and unnecessary obstacle for re-use…

…but personal data protection is there with a legitimate reason and therefore must be fully respected!

Only way to reduce the application of “exemption on personal data protection” is to introduce new (additional) legal basis (in FOIA and other laws) that would allow disclousure of certain personal data to the public!

17