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Commissioner Challenges New Data Law as Unconstitutional

DATA RETENTION—SLOVENIA

April 2, 2013

Andrej Tomšič, deputy information commissioner for the Republic of Slovenia, writes for EDRi-gram that his boss, Commissioner Nataša Pirc Musar, challenged on March 19 the national implementation of the Act on Electronic Communications before the Constitutional Court. Musar believes the new data retention provisions, which were enacted January 15, “do not respect the principle of proportionality and that they have been transposed into the national law in contrast with the provisions of the Data Retention Directive 2006/24/EC.” This will broaden data retention to all criminal offenses and anything in the “interests of the state,” along with civil litigations and labor law disputes. Musar hopes to have enforcement of the act suspended and the new provisions declared unconstitutional, which could take as much as a year.
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