- Enforcing jurisdiction
- Slovenia · Geography does not establish applicable law.
- Confirmed applicable legislation
- No confirmed legal basis recorded.
- Privacy topics
DPA case 07121-1 / 2020/1159 – Violation Found (Slovenia, 2020)
Privacy enforcement record
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The Informacijski pooblaščenec found that employers should not monitor employees' compliance with quarantine rules. They stated that only relevant information about the quarantine is necessary for employers. This ruling clarifies that monitoring employees' health data without a valid reason is not allowed.
What happened
Employers were questioned about their right to supervise employees' compliance with quarantine measures.
Who was affected
Employees who might be subjected to monitoring regarding their quarantine compliance.
What the authority found
The authority ruled that monitoring employee compliance with quarantine is not necessary and should be limited to essential information.
Why this matters
This ruling sets a clear boundary on how employers can handle health-related data. Companies should avoid unnecessary monitoring and focus on essential information only.
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The Information Commissioner had been asked, if employers are allowed from a data protection viewpoint to supervise the compliance with quarantine imposed on their employees. The Information Commissioner held that: *The processing of employee's personal data for the supervision of the compliance of quarantine is in principle not necessary for the exercise of rights and obligations arising from the employment relationship. *The employer only needs proof that the quarantine has been imposed and related necessary information (e.g. start or duration of quarantine or special restrictions) in order to handle an employee's quarantine. *Only competent state bodies are entitled to supervise quarantine and to sanction non-compliance. *Imposed quarantine is not the same situation as an employee's sick leave. Compliying with quarantine is not the exercise of an employee's right, but observance of a coercive measure in the public interest that does not depend on the will of the employee. *From a data protection stance, only informal contacts with a quarantined employee are allowed, but no of systematic and documented supervision.
Outcome
Violation Found
The DPA found a violation but did not impose a fine.
Related Enforcement Actions (0)
No other enforcement actions found for DPA case 07121-1 / 2020/1159 in SI
This is the only recorded action for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. DPA case 07121-1 / 2020/1159 - Slovenia (2020). Retrieved from cookiefines.eu
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