1. Protection of workers in relation to the use of artificial intelligence in the workplaceAsja Lešnik, 2025, izvirni znanstveni članek Opis: This article examines the impact of artificial intelligence (AI) on all stages of the employment relationship and analyses whether the current legal framework adequately protects workers from the risks posed by the use of AI in the workplace. The focus is on Slovenian labour law, while also considering relevant international and EU legal sources such as the AI Act, the Directive on Improving Working Conditions in Platform Work, the GDPR, and the EU Charter of Fundamental Rights. The author addresses legal challenges including discrimination, data protection, privacy, occupational safety and health, and liability for damages. The article finds that while some protective mechanisms already exist, none of the analysed legal sources comprehensively regulate AI use in employment relationships. To ensure effective worker protection, the author argues for either the amendment of current laws or the adoption of dedicated legislation. Since AI will play an even more significant role in Labour Law in the future, it is crucial for the law to adapt in a timely manner to the new challenges posed by AI.
Ključne besede: artificial intelligence, algorithmic management, automation of work processes, discrimination, data protection, privacy protection, occupational safety and health, liability, worker protection, legal framework
Objavljeno v DKUM: 02.10.2025; Ogledov: 0; Prenosov: 12
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2. The protection of sensitive personal data and privacy in the US and EU with a focus on health data circulating through health appsEma Turnšek, Suzana Kraljić, 2024, izvirni znanstveni članek Opis: In today’s modern world, we have more than one global actor leading the economy and rapid technological development. The article focuses specifically on the right to sensitive data protection, or more broadly the right to privacy, in American and in EU legal system. This paper shows distinctions between the two and systematically demonstrates the protection of personal data in EU through years. Exploring these distinctions and different interpretations of the right to data protection is significant, because of the potential impacts on the consumer in particular, possibly resulting in being granted different rights when acquiring services in the EU or America. We will also analyse the fundamental legal acts, which are the cornerstones of data privacy. As its main focus, the article will also examine the provisions concerning sensitive personal data, in particular health data. Furthermore, the article will study some specific concerns in connection to the American smart phone, smartwatch and computer health apps that are not fully compliant with basic EU legal principles, human rights or the General Data Protection Regulation. While the technology is so advanced and users may access these apps from anywhere across the world, such apps, and their privacy policies or other typical contracts, should comply with the relevant legislation, valid in the state of user’s nationality or remaining. The paper examines and substantiates the latter through two recent cases. In one, data breaches were punished by imposing a relatively high fine, and in the other case example, no punitive action was yet taken. That being said, the article argues the insufficient data protection framework that does not necessarily provide a consumer with appropriate safeguards, which is especially relevant in cases of transmission of personal health data.
Ključne besede: data protection, privacy, sensitive Data, EU vs. US Legal Systems, health Data
Objavljeno v DKUM: 29.08.2025; Ogledov: 0; Prenosov: 12
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3. Cessante ratione legis, cessat ipsa lex? : data and privacy protection in the digitized energy sector amidst green and digital transformation processesZoran Dimović, 2024, izvirni znanstveni članek Opis: The ex ante regulation of green and digital transformation processes is set to significantly impact personal data and privacy protection in the digitalized energy sector. Although the drive for digitization aligns with EU values, goals, and objectives, it does not inherently ensure compliance with fundamental human rights. While general rules for personal data and privacy protection are sufficiently flexible to allow for appropriate interpretation, implementing sector-specific human rights regulations would enhance legal certainty. This is particularly crucial given the heightened sensitivity of the electricity sector compared to natural gas or heat. The observed lack of standardization in the digitalization of the energy sector is likely to become even more pronounced with the continued development of digital technologies. This increasing complexity underscores the need for comprehensive regulatory frameworks that address both the opportunities and challenges presented by the green and digital transformation. These considerations have significant implications for policymakers, academics, and legal practitioners. Understanding and addressing these issues is essential for ensuring that the transformation processes in the energy sector are conducted in a manner that respects personal data and privacy protection while advancing sustainable and digital innovation. The development of robust and specific regulations will be key to balancing these objectives and ensuring the protection of fundamental human rights in an increasingly digitalized energy landscape.
Ključne besede: data protection, digitized energy sector, energy law, EU core values, green and digital transformation, privacy protection, public law
Objavljeno v DKUM: 29.08.2025; Ogledov: 0; Prenosov: 10
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4. Digital transformation of health : towards the European health data spaceMaja Proso, 2024, izvirni znanstveni članek Opis: The European space for health data (EHDS) is the first European proposal for the arrangement of a specific area common to the entire EU. The main goals are enabling citizens to control and use their own health data, nationally and throughout the EU (primary use of health data), cross-border exchange of health data and building a single market for digital health services. A further goal is to create an effective legal framework for the use of health data for research and innovation purposes (secondary use of health data), as well as the establishment of electronic health records and the development of a health data management system. In the paper author presents the concept of health data privacy in digital age and analyses the current health data protection legal framework. The paper examines the provisions of the EHDS Proposal, critically analyising the proposed terms of primary and secondary use of health data, as well as it's rules on data portability and interoperability.
Ključne besede: data protection, European space for health data, primary use of health data, secondary use of health data
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 3
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5. The right to privacy and data protection in European healthcare systems with an emphasis on the relevant case law and European legislationEma Turnšek, 2024, izvirni znanstveni članek Opis: Are personal data and information, which we trust entirely to healthcare systems, sufficiently protected? The article deals with the crossroads of law and medicine, specifically at the point where the right to data protection of a patient is being breached or insufficiently protected by law. In this regard, we have to first learn what is the actual scope of person’s right to (medical) data protection and second, understand when is that breached. The article analyses the origin of data protection and its historical development to find its core meaning. Further, it seeks the limits of data protection’s scope with the content of other related rights. With a comprehensive overview of European case law, the article exposes some serious violations of individual’s right to (medical) data protection.
Ključne besede: right to dignity, right to privacy, right to data protection, fundamental human rights, medical data protection
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 6
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6. Data protection heterogeneity in the European UnionMarko Hölbl, Boštjan Kežmah, Marko Kompara, 2021, izvirni znanstveni članek Opis: In light of digitalisation, we are witnessing an increased volume of collected data and
data generation and exchange acceleration. Therefore, the European Union (EU) has introduced the
General Data Protection Regulation (GDPR) as a new framework for data protection on the European
level. However, GDPR allows the member states to change some parts of the regulation, and the
member states can always build on top of the GDPR. An example is the collection of biometric data
with electronic signatures. This paper aims to compare the legislation on data protection topics in the
various EU member states. The findings show that the member states included in the study generally
do not have many additional/specific laws (only in 29.4% of the cases). However, almost all have
other/additional legislation to the GDPR on at least one topic. The most additional legislation is on
the topics of video surveillance, biometry, genetic data and health data. We also introduce a dynamic
map that allows for quick navigating between different information categories and comparisons of
the EU member states at a glance.
Ključne besede: data protection, personal data, data privacy, GDPR legislation, heterogeneity, legislation on data protection, European Union
Objavljeno v DKUM: 16.06.2025; Ogledov: 0; Prenosov: 13
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7. Cyber (in)security of personal data and information in times of digitizationMiha Dvojmoč, Mojca Tancer Verboten, 2022, izvirni znanstveni članek Opis: In an employment relationship, work and pay are no longer the only important aspects, as importance is increasingly shifting toward obligations concerning the protection of personal data and privacy arising from the prohibition of causing harm to the employer and the duty of loyalty to the employer. The article deals with the constitutionally protected right to privacy and the protection of personal data from the point of view of ensuring cyber security at the employer. The employer is obligated to protect the right to privacy by legal provisions, whereas from the point of view of ensuring the protection of privacy and information, the employer must protect, first and foremost, the personal data of employees. The main purpose of the legal protection of personal data is the lawful and fair processing of the personal data of individuals. Employers are thus facing an increasing number of risks related to the safety of employees and the security of business processes, and it is therefore important to establish comprehensive corporate security to ensure adequate security across all levels.
Ključne besede: cyber security, protection of personal data, protection of privacy, cyber threats, protection of business secrets
Objavljeno v DKUM: 11.06.2024; Ogledov: 150; Prenosov: 39
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8. Privacy and data protection concerns in the regulatory framework of Slovenian energy lawZoran Dimović, 2023, izvirni znanstveni članek Opis: The implementation of smart energy systems (SES) in the Slovenian energy sector has raised significant privacy and data protection concerns. The collection and processing of personal data from energy consumers, as well as cybersecurity threats, pose risks that must be addressed. The legal framework governing privacy and data protection in the energy field in Slovenia is based on the GDPR, ZOEE, ZVPot-1, ZVOP-2 and others, which impose significant obligations on entities processing personal data. To mitigate these risks, exact terminology must be used to implement privacy, data protection and also cybersecurity measures and ensure compliance with the legal framework.
Ključne besede: cybersecurity, data protection, energy law, green and digital transformation, privacy protection
Objavljeno v DKUM: 20.02.2024; Ogledov: 341; Prenosov: 49
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9. The policing perspective of personal data protection and the right to be forgotten in Europe and in the Republic of SloveniaMiha Dvojmoč, Tinkara Bulovec, Katja Eman, 2023, pregledni znanstveni članek Opis: Purpose:
The article raises the question, whether the data protection regulation in
police procedures is sufficient and whether it does not ‘harm’ the person subject
to the procedure.
Design/Methods/Approach:
The impact, advantages and disadvantages of legislative changes on
implementing specific police tasks (e.g. biometric data, facial recognition
systems and automatic identification of vehicle registration plates) are presented,
emphasising regulation in the Republic of Slovenia as a systematic literature
review.
Findings:
The latest changes in personal data protection were related to the definition,
collection, processing, use, transmission and storage of personal data. An
individual has rights relating to access to information, processing, correction,
restrictions on use, transferability, deletion and objection to the processing of
personal data. When police operate within the law, their powers must align with
constitutional and legal provisions. This alignment safeguards interventions
in individual privacy. Yet, without legal clarity, known as lex certa, there’s a
risk of actions becoming unwarranted intrusions into rights and freedoms. A
consensus is needed between the protection of individual privacy and enabling
the effective investigation and control of crime by law enforcement authorities.
Research Limitation/Implications:
The research was focus only on data protection regulation in police
procedures.
Practical Implication:
The findings of the article offer insight into data protection regulation in
police procedures and highlights the gaps and formulate starting points for
future research. Originality/Value:
The article is the first systematic literature review in data protection in police
procedures in Slovenia.
Ključne besede: protection of personal data, GDPR, police procedures, right to be forgotten, Slovenia
Objavljeno v DKUM: 15.01.2024; Ogledov: 287; Prenosov: 22
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10. Is the essential facilities doctrine fit for access to data cases? The data protection aspectRok Dacar, 2022, izvirni znanstveni članek Opis: Personal data can be of great economic value for companies as it is an essential input for the offering of a wide array of services. One way for a company to obtain access to essential personal data controlled by another company is by demanding mandatory access on the grounds of the essential facilities doctrine. Such access, however, can violate the right to the protection of personal data of the data subjects if it is not based on one of the legitimate grounds for the processing of personal data set by the GDPR. Two of these grounds are especially likely to be applicable to the access to personal data mandated using the essential facilities doctrine: the interpretation of the Commission decision or the judgment of the Court of Justice ordering the granting of access as a legal obligation and the legitimate interest of the company requesting access, for such access. The anonymisation of personal data is not a viable option for the circumvention of the rules of the GDPR as anonymised personal data loses most of its economic relevance for companies.
Ključne besede: essential facilities doctrine, right to protection of personal data, grounds for processing personal data, anonymisation of personal data, General Data Protection Regulation
Objavljeno v DKUM: 26.09.2023; Ogledov: 394; Prenosov: 17
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