VSRS - VSRS Sodba IV Ips 2/2021
| VSRS - VSRS Sodba IV Ips 2/2021 | |
|---|---|
 | |
| Court: | VSRS (Slovenia) |
| Jurisdiction: | Slovenia |
| Relevant Law: | Article 83 GDPR Article 1&2 of ZP-1 Article 91 of ZVOP-1 |
| Decided: | 16.03.2021 |
| Published: | 07.06.2021 |
| Parties: | |
| National Case Number/Name: | VSRS Sodba IV Ips 2/2021 |
| European Case Law Identifier: | |
| Appeal from: | IP 0603-35/2018/11 |
| Appeal to: | Unknown |
| Original Language(s): | Slovenian |
| Original Source: | Supreme Court (in Slovenian) |
| Initial Contributor: | GDPR+ |
After almost a year of uncertainty, the Slovenian Supreme Court ruled that the Slovenian DPA can still impose (misdemeanor) fines under the Personal Data Protection Act if they protects the same principles as GDPR. Despite this ruling, the Slovenian DPA is still unable to impose administrative fines directly under the GDPR.
English Summary
Facts
The Slovenian Supreme Court ruled that the Slovenian DPA can still impose (misdemeanor) fines under the Personal Data Protection Act (pre-GDPR) if they protects the same principles as GDPR. Despite this ruling, the Slovenian DPA is still unable to impose administrative fines directly under the GDPR.
Dispute
Holding
The Supreme Court ruled that the IP can still impose (misdemeanor) fines in accordance with ZVOP-1 (national data protection law), provided that they are protected by the same principles as the GDPR. The provisions of the GDPR not only allow Member States to prescribe and (also) impose other sanctions for breaches of data protection rules, but - importantly, in procedural terms - have not replaced the procedural rules of ZP-1 applicable to misdemeanor proceedings concerning acts they were defined as a misdemeanor at the time of misdemeanor and a sanction was prescribed for them by law (Article 1 of ZP-1).
Comment
You can read more about why the Slovenian DPA cannot impose administrative fines on this link.
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English Machine Translation of the Decision
The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.
