Editing IP - 07121-1/2020/1180

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|Jurisdiction=Slovenia
 
|Jurisdiction=Slovenia
 
|DPA-BG-Color=
 
|DPA-BG-Color=
|DPAlogo=LogoSI.png
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|DPAlogo=LogoSE.png
 
|DPA_Abbrevation=IP
 
|DPA_Abbrevation=IP
 
|DPA_With_Country=IP (Slovenia)
 
|DPA_With_Country=IP (Slovenia)
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The Information Commissioner of the Republic of Slovenia issued an opinion regarding the conduct of employers towards their employees in the context of testing for the spread of coronavirus. It was held that an employer must take a holistic approach to defining which measures to put in place to curb the spread of the virus, which could include asking their employees to get tested, and in some instances, asking for the results of their test. However, it was held that employers could not require that their employees tell them which countries they will be visiting on their annual leave.  
 
The Information Commissioner of the Republic of Slovenia issued an opinion regarding the conduct of employers towards their employees in the context of testing for the spread of coronavirus. It was held that an employer must take a holistic approach to defining which measures to put in place to curb the spread of the virus, which could include asking their employees to get tested, and in some instances, asking for the results of their test. However, it was held that employers could not require that their employees tell them which countries they will be visiting on their annual leave.  
  
==English Summary==
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== English Summary ==
  
===Facts===
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=== Facts ===
 
Following the receipt of a series of questions about what an employer could require from its employees in the context of halting the spread of coronavirus, the Information Commissioner issued an opinion addressing the questions referred.  
 
Following the receipt of a series of questions about what an employer could require from its employees in the context of halting the spread of coronavirus, the Information Commissioner issued an opinion addressing the questions referred.  
  
===Dispute===
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=== Dispute ===
 
Whether in order to prevent the spread of coronavirus, an employer may make it mandatory for employees to get tested upon their return from holidays, require that they disclose the results of their test and provide the employer with information on which countries they will travel to for annual leave.
 
Whether in order to prevent the spread of coronavirus, an employer may make it mandatory for employees to get tested upon their return from holidays, require that they disclose the results of their test and provide the employer with information on which countries they will travel to for annual leave.
  
===Holding===
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=== Holding ===
 
In reference to the question of whether an employer can make it obligatory for an employee to get tested, the Information Commissioner held that it was beyond their competence to provide direct instructions on this. However, the Information Commissioner went on to state that in the context of preventing the spread of coronavirus, an employer must take a holistic approach to defining measures to curb the spread of infection. In particular, an employer must establish whether and to what extent measures that do not require the processing of personal data are sufficient, and in which individual cases the processing of certain personal data may be necessary.  
 
In reference to the question of whether an employer can make it obligatory for an employee to get tested, the Information Commissioner held that it was beyond their competence to provide direct instructions on this. However, the Information Commissioner went on to state that in the context of preventing the spread of coronavirus, an employer must take a holistic approach to defining measures to curb the spread of infection. In particular, an employer must establish whether and to what extent measures that do not require the processing of personal data are sufficient, and in which individual cases the processing of certain personal data may be necessary.  
  
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In reference to the question of whether the employer had the right to ask their employees for the details of their annual leave, the Information Commissioner reaffirmed that non-employment travel falls within the private sphere of individuals, and an employer would be infringing individual privacy by requiring this information from them. However, the Information Commissioner did go on to say that an employer could collect this information from their employees on the basis of valid consent.  
 
In reference to the question of whether the employer had the right to ask their employees for the details of their annual leave, the Information Commissioner reaffirmed that non-employment travel falls within the private sphere of individuals, and an employer would be infringing individual privacy by requiring this information from them. However, the Information Commissioner did go on to say that an employer could collect this information from their employees on the basis of valid consent.  
  
==Comment==
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== Comment ==
 
''Share your comments here!''
 
''Share your comments here!''
  
==Further Resources==
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== Further Resources ==
 
''Share blogs or news articles here!''
 
''Share blogs or news articles here!''
  
==English Machine Translation of the Decision==
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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.
 
The decision below is a machine translation of the Slovenian original. Please refer to the Slovenian original for more details.
  

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