IP (Slovenia) - 0603-99/2021/4

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IP - 0603-99/2021/4
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Authority: IP (Slovenia)
Jurisdiction: Slovenia
Relevant Law:
Article 4(4) ZOIzk-1
Type: Investigation
Outcome: Violation Found
Started:
Decided: 23.02.2023
Published:
Fine: 320 EUR
Parties: n/a
National Case Number/Name: 0603-99/2021/4
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Slovenian
Original Source: ip-rs.si (in SL)
Initial Contributor: Lenart Pivec

The Slovenian DPA fined a perpetrator €320 for examining and taking photos of data subjects’ identity cards without any legal basis.

English Summary[edit | edit source]

Facts[edit | edit source]

An individual has examined and with his mobile phone taken photos of identity cards of eight other individuals in and before a primary health care centre and a kiosk.

Holding[edit | edit source]

The DPA held that the perpetrator had no legal basis to examine the holders’ identity cards nor take photos of them since he was not authorized to determine their identity and citizenship. By examining and taking photos of eight different individuals, he has violated Article 4(4) of the Slovenian Identity Card Act (Zakon o osebni izkaznici - ZOIzk-1) on eight occasions.

The DPA fined the perpetrator €320.

Comment[edit | edit source]

Identity cards may be examined and copied solely in statutory cases, such as by the police, notaries and financial companies providing financial services, as well as on the basis of the written consent of the holder thereof for a predetermined purpose.

Further Resources[edit | edit source]

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.

Number: 0603-99/2021/4
Date: 23 February 2023

The Information Commissioner issues, ex officio, by an authorised official pursuant to Article 51, paragraph 2 and Article 46 of the Act on Misdemeanours (Official Gazette of the RS, No. 29/11 - officially consolidated text, 21/13, 111/13, 74/14 - Decree of the US, 92/14 - Decree of the Republic of Slovenia, No. US and 32/16, hereinafter referred to as 'ZP-1'), Articles 2 and 8 of the Information Commissioner Act (Official Journal of the RS, No. 113/05 and 51/07 - ZUstS-A, hereinafter referred to as 'ZInfP'), in conjunction with Article 54(3) of the Act on the Protection of Personal Data (Official Journal of the RS, No. 113/05 and 51/07 - ZUstS-A, hereinafter referred to as 'ZInfP'), in conjunction with Article 54(3) of the Act on the Protection of Personal Data (Official Journal of the RS, No. 94/07-UPB1 and 177/20, hereinafter: ZVOP-1) and Article 32, paragraph 1, of the Act on Inspection (Official Journal of the RS, No. 43/07 - official consolidated text and 40/14, hereinafter: ZIN), in the infringement proceedings against the infringer _________________ (hereinafter: the infringer), for offences under Article 27, paragraph 3, of the Act on Inspection (Official Journal of the RS, No. 43/07 - official consolidated text and 40/14, hereinafter: ZIN). Article 27(2)(1) of the Identity Card Act (Official Journal of the Republic of Slovenia No 35/11, 41/21 and 199/21; hereinafter referred to as 'ZOIzk-1'), in conjunction with Article 27(2)(1) of the Identity Card Act, as amended by Article 27(2)(1) of the Identity Card Act, as follows


A DECISION ON AN OFFENCE



The infringer: _________________________ is 


responsible for eight (8) offences
pursuant to Article 27(3) of the ZOIzk-1, in conjunction with Article 27(1)(2) of the ZOIzk-1,


committed by him by accessing the identity cards of and photographing with a mobile phone the identity cards of the individuals listed below, as an individual, at the times and places specified:
 
1. he accessed and photographed the identity card of the holder of ____________ on 19.12.2021 at the premises of the Health Centre _______________,

2. the identity card of the holder of ____________ was seen and photographed on 15.12.2021 in front of the _______________________ newsagent, 

3. the identity card of the holder of ______________ was seen and photographed on 15.12.2021 in front of the ____________________________ kiosk, 

4. the identity card of the holder of ______________ was seen and photographed on 19.12.2021 at the entrance to the premises of the Health Centre __________________________,

5. the identity card of the holder of __________________ was seen and photographed on 19.12.2021 in front of the Health Centre ________________________,

6. the identity card of the holder ____________________ was seen and photographed on 19.12.2021 in front of the Health Centre __________________________,

7. the identity card of the holder ______________ was seen and photographed on 19.12.2021 at the entrance of the Health Centre ______________________,

8. the identity card of the holder _______________ was seen and photographed on 19.12.2021 at the entrance of the Health Centre ____________________________,

he had no legal basis for the said access to the identity cards of the aforementioned holders and for taking photographs of them, as he was not authorised to establish their identity and/or nationality, for which access and taking photographs would be admissible under the provision of Article 4(4) of ZOIzk-1, thereby violating the provision of Article 4(4) of ZOIzk-1 on eight occasions (i.e. by accessing and photographing the identity card of each of the aforementioned individuals individually).

Therefore, pursuant to Article 27(3) of the Act, in conjunction with Article 27(1)(2) of the Act, and applying Article 52(3) of the Act, the offender shall be 


the following shall apply:


- for the offence under point 1: FINE of EUR 200;
- for the offence under point 2: a FINE of EUR 200;
- for an offence under point 3: a fine of EUR 200;
- for an offence under point 4: a fine of EUR 200;
- for an offence under point 5: a fine of EUR 200;
- for an offence under point 6: a fine of EUR 200;
- for an offence under point 7: a fine of EUR 200;
- for an offence under point 8: a fine of EUR 200.


Then, in accordance with Article 27(1) and (2) of the Law on the Prohibition of the Execution of Criminal Offences, in conjunction with Article 26(2) and (3) of the Law on the Prohibition of the Execution of Criminal Offences, and taking into account Article 17(2)(1) of the Law on the Prohibition of the Execution of Criminal Offences, the offender shall be liable for all the offences of the same type in the same bundle, instead of the single sanction of a fine of EUR 1,600 in the aggregate, to the following penalties,

i s c o n c l u d e d
a single sanction:

A FINE of EUR 320.


The offender must pay the fine into transaction account No 01100-8450051825 (according to the attached UPN - universal payment order). 

The offender shall pay the court fee pursuant to Article 143(1) in conjunction with Article 144(1) and Article 58(2) of the CP-1. The court fee, which is levied on the offender for the fine imposed under tariff number 8111 of the Court Fees Act (Official Gazette of the RS, No 37/08, as amended, hereinafter referred to as 'the CST-1'), must be paid by the offender to the transaction account No 01100-8450162502 (according to the attached UPN - universal payment order), in the amount of EUR 40.

The offender must pay the total amount of the fine and the court fee within 15 days after the final decision on the offence. After the expiry of the time limit for payment, the offender may apply to the body responsible for enforcement (FURS) for payment of the fine and the costs of the proceedings in instalments. If the fine and the costs of the proceedings are not paid within the time limit set, the unpaid fine and the costs of the proceedings will be recovered compulsorily. If the fine cannot be recovered even compulsorily, the fine imposed on the offender may be enforced by means of alternative imprisonment in accordance with the law. If the offender, owing to his financial situation or his ability to pay, who would be entitled to regular free legal aid according to the material criterion laid down in the law governing free legal aid, is unable to pay the fine and the costs of the proceedings amounting to at least EUR 300, he may, not later than the expiry of the time-limit for payment, apply to the authority which issued the decision for the payment of the fine and the costs of the proceedings to be replaced by community service.

LESSONS ON THE LEGAL REMEDY:You can apply for judicial protection against an offence decision. The request must be notified in writing within eight days of receipt of the decision to the Information Commissioner, Dunajska 22, 1000, Ljubljana, otherwise the beneficiary of the request (the infringer, the legal representative or the defence counsel) shall be deemed to have waived the right to request judicial protection. The statement of claim shall be sent by post or delivered directly in duplicate and shall be deemed to be in time if it is lodged on the last day of the period for lodging the statement of claim, either by registered post or directly with the authority which issued the decision. An application for judicial protection which has been lodged may be withdrawn until the expiry of the time-limit for lodging the notice of application. 

If the person entitled to an application for judicial protection fails to make or withdraws the notice within the statutory time-limit, he shall be deemed to have waived his right to apply for judicial protection.

If none of the persons entitled to apply for judicial protection announces the application, the offence authority shall not issue a reasoned decision on the offence but shall be deemed to have served a final decision without reasons on the date of service of the decision, which shall become final on the expiry of the time-limit for the announcement of the application for judicial protection.

Where at least one of the persons entitled to apply for judicial protection announces the lodging of such an application, the written reasoned decision on the offence shall be drawn up and dispatched not later than 30 days after receipt of the announcement of the application for judicial protection. The reasoned decision shall in that case be served on all persons entitled to apply for judicial protection.

An offender who fails to notify an application for judicial protection against an offence decision shall pay half of the fine (EUR 160) within eight days of the expiry of the time-limit for notification of the application for judicial protection, otherwise he shall pay the full amount of the fine within the time-limit laid down in the operative part of this Decision. An infringer who announces an application for judicial protection against a decision and subsequently fails to lodge a reasoned application against the decision shall also be required to pay the full amount of the fine imposed within the same time limit laid down in the operative part of the decision. 

If the infringer pays half of the fine before the expiry of the time-limit for the announcement of the request for judicial protection, the request for judicial protection against the decision shall not be admissible, unless the infringer was required to pay the fine before the expiry of the time-limit for the announcement of the request in accordance with the provisions of the Law on Administrative Offences.

Under the conditions and in accordance with the rules governing the financial management of the offending authority, the offender may also pay the fine and the costs of the proceedings by means of a non-cash means of payment.