SloveniaCriminal Code (KZ-1), Article 137, Unjustified Eavesdropping and Sound Recording
137. člen Kazenskega zakonika (KZ-1)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- Do not, without justification, use special devices to listen to a conversation or statement not meant for you or to record its sound, and do not relay it to a third person, play such a recording to them or otherwise let them become directly acquainted with it (article 137, paragraph 1).
- Do not record the sound of a confidential statement of another person that is addressed to you without that person's consent in order to misuse it, and do not relay such a statement or play such a recording to a third person (article 137, paragraph 2).
These lines are LexLint's reading of the law's text, as of . Also read by: Vrhovno sodišče Republike Slovenije, sodba I Ips 31384/2015 z dne 28. novembra 2019 (ECLI:SI:VSRS:2019:I.IPS.31384.2015) (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Criminal exposure note
Article 137, paragraph 1 punishes the offence with a fine or imprisonment of up to one year, paragraph 2 equally punishes the second offence, and paragraph 3 raises the penalty to imprisonment of three months to five years where an official commits either offence by abusing their position.
Who enforces it
Settledness
- As of
- Case link
- https://sodnapraksa.si/?_submit=i%C5%A1%C4%8Di&database%5BSOVS%5D=SOVS&id=2015081111435080&page=0&q=id%3A2015081111435080&rowsPerPage=20
- Case citation
- Vrhovno sodišče Republike Slovenije, sodba I Ips 31384/2015 z dne 28. novembra 2019 (ECLI:SI:VSRS:2019:I.IPS.31384.2015)
- Open questions
- Does a call-recording or voice-processing feature of an application count as 'posebne naprave' (special devices) under Article 137(1) of the Criminal Code (KZ-1) when the application's operator is itself a party to the call, so that the conversation is arguably 'namenjena' (meant) for it?
- What makes a statement a 'zaupna izjava' (confidential statement) and a purpose to 'zlorabiti' (misuse) it under Article 137(2) of the Criminal Code (KZ-1) when a business records a customer's statement addressed to it without the customer's consent?
What this law does
Article 137, paragraph 1 of the Criminal Code (Kazenski zakonik, KZ-1) punishes with a fine or imprisonment of up to one year whoever, without justification, uses special devices to listen to a conversation or statement not meant for them or to record its sound, or who relays such a conversation or statement to a third person, plays such a recording to them or otherwise lets them become directly acquainted with it.
Article 137, paragraph 2 equally punishes whoever records the sound of a confidential statement of another person addressed to them, without that person's consent, in order to misuse it, or relays such a statement or plays such a recording to a third person. Article 137, paragraph 3 raises the penalty to imprisonment of three months to five years where an official commits either offence by abusing their official position or rights.
Article 137, paragraph 4 starts prosecution of the first offence on a proposal and of the second on a private lawsuit. Article 381 provides that the Code takes effect on .
When LexLint raises it
When your app profile says your app records calls or processes voice recordings.