Data Protection in Slovenia

Breach notification in Slovenia

The GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority, and for more serious breaches to also be notified to affected data subjects. A "personal data breach" is a wide concept, defined as any "breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed" (Article 4 GDPR).

The controller must notify a breach to the supervisory authority without undue delay, and where feasible, not later than 72 hours after having become aware of it, unless the controller determines that the breach is unlikely to result in a risk to the rights and freedoms of natural persons. When the personal data breach is likely to result in a high risk to natural persons, the controller is also required to notify the affected data subjects without undue delay (Article 34 GDPR).

Where the breach occurs at the level of the processor, it is required to notify the controller without undue delay upon becoming aware of the breach (Article 33(2) GDPR).

The notification to the supervisory authority must include where possible the categories and approximate numbers of individuals and records concerned, the name of the organization’s data protection officer or other contact, the likely consequences of the breach and the measures taken to mitigate harm (Article 33(3) GDPR).

Controllers are also required to keep a record of all data breaches (Article 33(5) GDPR) (whether or not notified to the supervisory authority) and permit audits of the record by the supervisory authority.

In relation to data breaches, in Article 23 ZVOP-2 regulates data security in the field of special processing, which also involves reporting breaches. This article specifies that for certain information systems, the provisions on security requirements and reporting incidents from the Information Security Act (Zakon o informacijski varnosti) apply mutatis mutandis. These provisions concern essential service providers if the controller is not obliged to implement measures under the Information Security Act for these processing activities. Localization rules apply exist in case of special processing of personal information within information systems in which processing of the following categories of personal data is carried out: personal data specified in the laws governing administrative internal affairs, financial administration, citizenship, the Slovenian Intelligence and Security Agency, defence, healthcare, mandatory health insurance, the exercise of rights deriving from public funds, and criminal and minor offence records. Such data records must be kept within the territory of the Republic of Slovenia.

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