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Nataša Pirc Musar Information Commissioner, Republic of Slovenia Madrid, 28th of October 2008.

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Presentation on theme: "Nataša Pirc Musar Information Commissioner, Republic of Slovenia Madrid, 28th of October 2008."— Presentation transcript:

1 Nataša Pirc Musar Information Commissioner, Republic of Slovenia Madrid, 28th of October 2008

2 1st Circle of Privacy Circles of Privacy Expected Privacy

3 2nd Circle of Privacy Circles of Privacy Absolute and Relative Public Persons More invasion

4 3rd Circle of Privacy Circles of Privacy Information Privacy Communication Privacy Same rules apply as in the 2nd circle

5 Proportionality Circles of Privacy No human right is an absolute right All but 4

6 All but… torture, slavery, no conviction prior the offence is prescribed by the law, no heavier penalty if it was not prescribed by law at the time of the offence Absolute Human Rights

7 PERSONAL DATA PROTECTION AND MEDIA Personal data protection is a relatively new area in human rights protection, but under the ever-growing influence of globalisation trends and rapid advancements in information technology it develops rapidly. For this reason the media need to be well acquainted with the regulations and current practice in this field.

8 INFORMATION COMMISSIONER’S PRACTICE CASE I. FACTS A weekly journal published the names of 86 employees of a newspaper company who received top salaries (with information on gross and net incomes). DECISSION By publishing the data the journal encroached into constitutional rights to personal dignity, protection of privacy and personality rights, and the right for the protection of personal data. Thus, the right to freedom of expression was not a prevailing factor in this case.

9 INFORMATION COMMISSIONER’S PRACTICE CASE II. FACTS The newspaper house published autopsy reports. DECISSION Media Act does not define public interest in terms of the provisions of PDPA; in the given case there were no legal grounds for processing sensitive personal data. Freedom of expression is not absolute; the right to freedom of expression, like any other basic human right, can be limited by other human rights; to determine the borderline it was necessary to apply the principle of proportionality.

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11 www.ip-rs.si Thank you for your attention!


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