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Confirmed applicable legislation

Court case VSL Sodba PRp 345/2019 – Court Ruling (Slovenia, 2020)

Court Ruling
DPA VSL18 June 2020Slovenia
final
Court Ruling

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A court ruled on a case about whether Slovenian law or GDPR applies to personal data collection. The court found that GDPR does not violate local law in this instance. This ruling helps clarify how local laws interact with GDPR.

What happened

The court addressed whether GDPR applies to the collection of personal data under Slovenian law.

Who was affected

Individuals whose vehicle data was collected in Slovenia.

What the authority found

The court agreed that applying GDPR in this case does not violate local law and is more lenient for the accused.

Why this matters

This decision sets a precedent for how GDPR and local laws can coexist. Businesses should be aware of both regulations when handling personal data.

Recorded legal citations
Automatically processed
Art. 6(1)(c) GDPR
Art. 6(2) GDPR
Art. 83(5)(a) GDPR
View original scraped data
Art. 6(1)(c) GDPR
Art. 6(2) GDPR
Art. 83(5)(a) GDPR

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

National Law Articles
AI-identified
Article 10 of ZOdv
Article 2, 2/2, 136, 136/1, 136 / 1-1
Article 8 of ZVOP-1
Articles 8, 91, 91/1, 91 / 1-1, 91/2.
Article 10, 10/1
Decision AuthorityVSL

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Processing notes: articles corrected, national law identified.

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Full Legal Summary
Detailed

The controller is accused of violating the provision of Article 8 of ZVOP-1 because the responsible person obtained personal data of vehicle owners or users in contravention of Article 10 of ZOdv. Is Slovenian law still applicable if it is more detailed than the GDPR or does the GDPR prevail anyway. The Court of Appeal agrees with the Court of First Instance's finding that the direct application of the GDPR does not constitute a violation of Article 6 (1) (c) as a misdemeanor, with the result that the GDPR from the point of view of misdemeanor law, as part of criminal law, is more lenient for the perpetrator and the court is justified in applying the principle of legality from the second paragraph of Article 2 of ZP-1 on the basis of point 1 of the first paragraph of Article 136.

Outcome

Court Ruling

A ruling by a national court on a data-protection matter.

Related Cases (0)

No other cases found for Court case VSL Sodba PRp 345/2019 in SI

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

Details

Ruling Date

18 June 2020

Authority

DPA VSL

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
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Cite as: Cookie Fines. Court case VSL Sodba PRp 345/2019 - Slovenia (2020). Retrieved from cookiefines.eu

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