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Slovenia · Geography does not establish applicable law.
Confirmed applicable legislation

DPA case 07121-1/2020/390 – Dismissed (Slovenia, 2020)

Dismissed
Informacijski pooblaščenec23 March 2020Slovenia
final
Dismissed

Privacy enforcement record

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Slovenia's Information Commissioner dismissed a request about what personal information a doctor must share with a detective hired by an employer. This matters because it clarifies that while employers can monitor sick leave, doctors are not obligated to provide all requested information.

What happened

A request for guidance on whether a doctor must disclose employee sick leave details to a detective was dismissed.

Who was affected

Employees on sick leave and their employers who may hire detectives.

What the authority found

The Information Commissioner explained that while monitoring sick leave can be necessary, doctors are not required to share specific details with detectives.

Why this matters

This decision informs employers about the limits of accessing employee health information. Companies should understand their rights and obligations when monitoring employee health.

Recorded legal citations
Automatically processed
Art. 6(1)(c) GDPR
View original scraped data
Art. 6(1)(c) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 48 ZDR-1
Art. 110(1) ZDR-1

Source checks

Secondary-source text retrieved.

Automated check recorded — 18 October 2026.

Processing notes: national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The Information commission (the IP) received a request for advisory opinion on what personal can be obtained from a doctor regarding an employee’s sick leave. In particular, it has been asked what information the doctor is required to disclose to a licensed detective acting on the behalf of an employer, to monitor employees. First, the IP recalled that the processing of employee’s personal data by the employer is based on Article 6(1)(c) GDPR. In this regard, Article 48 of the Slovenian Act (No. 21/13, 78/13 - afterwards, 47/15 - ZZSDT, 33/16 - PZ-F, 52/16, 15/17 - dec. US, 22/19 - ZPosS and 81/19, hereafter ‘ZDR-1’), provides that workers’ data may be processed and shared with third parties only if it is prescribed by law or when it is necessary for the exercise of the rights and obligations arising from or in relation to the employment relationship. Then, the IP explained that the control of the sick-leave can be necessary for the exercise of rights arising from the employment relationship. Indeed, Article 110(1) of the ZDR-1 provides that an employer may end the working contract if the employee does not follow the doctor’s instructions during his sick leave. Also, the employer is allowed to hire a detective to obtain information about abuses of rights by employees. Specifically, the detective may obtain on the behalf of the employer information on the instructions given by the doctor in relation to the sick leave. However, the doctor is not obliged to provide the data. Lastly, the IP pointed out that the employer is also allowed to obtain information on the reasons why the worker reduced and adjusted his working schedule (eg sickness, injury outside work, occupational illness, injury at work) for the compensation wage calculation through the Health Insurance Act.

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case 07121-1/2020/390 in SI

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

23 March 2020

Authority

Informacijski pooblaščenec

GDPRhub ID

gdprhub-2257

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case 07121-1/2020/390 - Slovenia (2020). Retrieved from cookiefines.eu

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