We would like to inform you about the amendment to Act No. 18/2018 on the protection of personal data and on amendments to certain acts and Act No. 211/2000 on free access to information. Act No. 373/2021 Z. z. amended the Personal Data Protection Act and the Freedom of Information Act with effect from November 1, 2021.
The Personal Data Protection Act is supplemented by Section 3(6), which reads:
"This Act shall not apply to the processing of personal data of deceased persons for scientific purposes, statistical purposes, artistic activities, press reporting, radio and television broadcasting, archiving, documentation activities, historical research, cemetery activities, the erection of monuments and memorial plaques, the holding of commemorative events and acts of reverence to the extent necessary for the fulfillment of these purposes."
The Slovak legislation caused considerable difficulties, mainly of an administrative nature, in relation to the processing of personal data of deceased persons. The Personal Data Protection Act required that, where the legal basis for the processing of personal data of deceased persons was consent pursuant to Article 6(1)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), hereinafter referred to as the "GDPR"), the consent of a close relative or all close relatives was required. If even one close person did not consent to the processing of the deceased's personal data, the controller could not process such personal data.
The amendment to the law reduces bureaucracy and allows the processing of personal data of deceased persons, especially within public administration, when many municipalities and towns suspended their activities of publishing the names of deceased persons for the purpose of informing the public about deaths or commemorating the anniversary of the death of deceased persons.
Consent for the purpose of such processing of personal data will no longer be required.
