[2337] Constitution of the Republic of Slovenia 1991, available at http://www.sigov.si/us/eus-usta.html.
[2338] Komentar Ustave Republike Slovenije (Comments about the Constitution of the Republic of Slovenia) 369 (Sturm & Lovro eds., Ljubljana, Fakulteta za podiplomske drzavne in evropske studije 2002).
[2339] The means of communication are interpreted in the widest sense of the word: it may include telephone communications, e-mails, SMS messages and the like, since the form or content of communication is irrelevant in this context. Privacy protection also applies to private telecommunication systems, as well as traffic data, which are also an integral part of communications (i.e. telephone numbers, data about the duration of a communication or the quantity of data transmitted, etc.) Id. 395-396.
[2340] Constitution of the Republic of Slovenia 1991, supra.id.
[2341] Act Amending the Personal Data Protection Act (Uradni list RS, 57/01).
[2342] E-mail from Joze Bogataj, Data Protection Inspector, to Sarah Andrews, Research Director, Electronic Privacy Information Center, July 12, 2002 (on file with the Electronic Privacy Information Center).
[2343] Article 15 of the Electronic Commerce and Electronic Signature Act, enacted in June 2000, stipulates that a so-called secure electronic signature, one which is confirmed by an authenticated certificate, is equivalent to a signature in one's own hand, although the use of electronic signatures in Slovenia has not yet become established in practice. After joining the EU, Slovenia will probably change the definition of written consent to unambiguous compliance..
[2344] Unfortunately, this wording could lead to a situation in which an intrusion into a computer system not resulting in material harm, or not yielding other kinds of benefit for the intruder, would not be sanctioned. In such a case, Article 152 of the Penal Code would need to be applied, i.e., one which prohibits the unauthorized entry into someone's premises (of course, if a court were willing to accept the notion of computer as a virtual space), and Article 309 which sanctions the production or acquisition of tools for intrusion into a computer system.
[2345] Art. 49, Law on the Police, 18 July 1998.
[2346] Ordinance to be adopted soon. E-mail from the Ministry of Information Society, Slovenia, to Matej Kovacic, Junior Researcher at the Faculty of Social Sciences, University of Ljubljana, Slovenia, June 27, 2003 (on file with the Electronic Privacy Information Center).
[2347] Law on National Statistics, 25 July 1995.
[2348] Id.
[2349] Signed November 23; 1993; ratified May 27, 1994; entered into force September 1, 1994.
[2350] Signed May 14, 1993; ratified June 28, 1994; entered into force June 28, 1994.
[2351] Joze Bogataj, Porocilo o delu Inspektorata za varstvo osebnih podatkov v letu 2001 (A report on the work of the Inspectorate for the protection of personal data in 2001) 20-21 (Ljubljana, Ministrstvo za pravosodje Republike Slovenije (Ministry of Justice) 2002).
[2352] UNPAN report about Slovenia, available at http://unpan1.un.org/intradoc/groups/public/documents/nispacee/unpan007961.pdf.
[2353] International Helsinki Federation for Human Rights, "Human Rights in the OSCE Region: The Balkans, the Caucasus, Europe, Central Asia and North America" Report 2002 (events 2001), available at http://www.ihf-hr.org/reports/AR2002/country%20links/Slovenia.htm.
[2354] "Slovene Inquiry Commission Investigates Wiretapping Allegations," BBC Worldwide Monitoring, June 28, 2002.
[2355] Professor Mocnik from the Faculty of Arts, University of Ljubljana, Slovenia, recently wrote a public protest based on information published on June 7, 2003 in one of the main newspapers in Slovenia (DELO). The article asserts that the Parliamentary Commission for Supervision of Security and Intelligence Services has been secretly informed about the activities of various Slovenian extremist and militant anti-globalization groups. Professor Mocnik remarks that Slovenian anti-globalization groups are not militant and violent, since all their protests have been peaceful and without a single riot, although anti-globalization groups are strongly opposing current Slovenian foreign policy, and have a remarkable influence on the public opinion and the media. Professor Mocnik concludes that the SOVA surveillance is probably politically motivated http://www.mladina.si/tednik/200324/clanek/kolumna/.
[2356] Makarovic Bostjan, Ali in kako lahko drzava pravno ureja dogajanje na internetu? (May the state regulate the Internet and how?) Informatika in pravo (Information Technology and Legal Issues) 4 (2003).
[2357] Id. The author claims that ISPs are not processing personal data, because they just provide access to the data, although they are not aware of the content of the data. However, since the problematic website is located outside Slovenian jurisdiction, it seems that the Inspectorate has no legal instruments to sanction that kind of a violation.