What are the restrictions of collecting personal data in Slovenia?

When collecting and processing personal data, very careful handling is required. It is important to note that personal data can be processed only in the following cases:

  1. If the processing of personal data and personal data and personal data being processed is determined by law or if personal consent of the individual is made for the processing of certain personal data.
  2. Regardless to the previous paragraph, personal data of individuals who have entered into a contract with the private sector or who are on the basis of an individual’s initiative with him in the negotiation phase for the conclusion of a contract, may be processed if the processing of personal data is necessary and appropriate for performing negotiations for the conclusion or fulfilling the contract.
  3. Regardless the first paragraph, personal data may be processed in the private sector if this is necessary in order to attain the legitimate interests of the private sector and these interests clearly prevail over the interest of individual’s data.

Before collecting consent to the processing of personal data, individual should be properly informed, i.e. provide certain information regarding the processing of their personal data, namely:

  • what kind of personal data you are processing;
  • for what purpose you are processing;
  • who processes their data (data on the data controller and his/her possible representative (personal name, if it is a natural person, name or company and address or registered office));
  • other information, if necessary to ensure legal and fair processing.

It is best to write down the above in the introductory address of the survey or form.

In cooperation with Arhea and the Slovenian Marketing Association, the information commissioner prepared a brief brochure containing all explanatory notes and instructions for handling personal data: