Provision of Article 38 of the Constitution of the Republic of Slovenia which is installed in chapter on human rights and fundamental freedoms is of particular importance for the protection of personal data. Implementation of the abovementioned constitutional provision at the legislative level is integrated in Personal Data Protection Act, which is a general act in the field of protection of personal data, and in Article 48 of the Employment Relationship Act, in which protection of workers’ personal data is defined as one of employer’s obligations. In the era of swift development of information technologies, which enable the employer new innovative ways of obtaining information and data about the worker, ensuring balance between the subjects of the employment relationship becomes increasingly complex. Employer's right to property and the resulting entitlements collide with the worker's right of reasonable expectation of privacy in the workplace. It is practically impossible for a law to foresee and regulate all life situations in advance, therefore it is prudent to enable a high level of protection of rights by abstractly designed norms, which enable the regulation of future cases also by using the analogue reasoning method. Decisions of the Information Commissioner, who acts as a supervisory authority regarding protection of personal data and supervises compliance with provisions of Personal Data Protection Act, and case-law, are therefore of paramount importance for the further development and corresponding adaptation of legislation to ensure efficient protection of worker’s personal data in the future.
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