Slovenia - 2012
Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
- Code:
- RED8
- Key Area:
- Anti-discrimination Legislation & Implementation
- Strand(s):
- Discrimination, Equality
| Short Answer |
No. In general, data on race and ethnicity of a person are consiered to be sensitive data. Collection of such data is only allowed with a consent of an individual concerned. |
| Qualitative Info |
Data collection is regulated by the Personal Data Protection Act, which determines that data can be collected only if permitted by law. It sets special conditions for collecting sensitive personal data.
According to this law, sensitive personal data are data on racial, national or ethnic origin; political, religious or philosophical beliefs; trade union membership; state of health; and criminal records (Article 6, §19). Biometric characteristics are also sensitive personal data if their use makes it possible to identify an individual in connection with any of the aforementioned circumstances. To summarize, the data protection law generally prohibits the processing of sensitive data but it does allow, under necessary and special circumstances, the data to be processed in order to assert or oppose a legal claim (one of the possibilities when data collection is allowed is if this is necessary in order to assert or oppose a legal claim, as stipulated by Article 13, §7 of this Act). An implementing act titled the Rules on Methodology of Keeping the Register of Personal Data Collections further regulates the procedures concerning administering personal data collections.
Source: Zakon o varstvu osebnih podatkov [The Personal Data Protection Act], Official Journal of the Republic of Slovenia, No. 86/2004. In criminal cases reported to the Police in relation to the crime of incitement of hatred, violence and intolerance (Article 297 of the Penal Code) the Police keeps a record on cases in which racial violence was concerned, on th basis of facts gathered in the investigation. |
| Groups affected/interested | Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Asylum seekers |
| Type (R/D) | Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism |
| Key socio-economic / Institutional Areas | Policing - law enforcement |
| External Url | http://www.uradni-list.si/1/objava.jsp?urlid=200794&stevilka=4690 |
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