On 14 April 2022, the Slovenian Constitutional Court declared unconstitutional two governmental decrees to counter the pandemic. The two decrees inter alia organized the checking of COVID-19 passes to access some public places.
Both the Decree on the Method of Determining Compliance with the Conditions of Mobility, Vaccination and Testing in Connection with the Infectious Disease COVID-19 (Official Gazette of the Republic of Slovenia, No. 126/21) and the Decree on Provisional Measures for the Prevention and Control of Infectious Diseases COVID-19 (Official Gazette of the Republic of Slovenia, No. 22/22, 29/22, 37/22 and 51/22) are annulled.
The complaint was lodged by the country’s Information Commissioner, which accused the challenged rules to violate the right to the protection of personal data guaranteed by Article 38 of the Slovenian Constitution. The court held that the EU’s General Data Protection Regulation (Regulation (EU) n° 2016/679) could not be the appropriate legal basis for the processing of personal data in this case. The court also held that the consent provided by citizens for such processing was not voluntary, as access to their individual social, political, and religious lives depended on it. Therefore, consent could not be a valid legal basis in this case. The effect of their annulment will take place one year after the judgment’s publication, leaving the government time to adopt a new rules for the processing of such personal data.