Handling with personal data is contained in the Criminal Code in Section 178 Unauthorized Disposal of Personal Data and in section 257a Damaging or Misusing Data Carrier Record. Sanctions for ilegitimate handling with personal data (ilegitimate communication and accession of personal data and failure to mantain the obligation of confideality) are subject of Section 178 and qualify as a criminal act.
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(Act No. 140/1961 Coll., the Criminal Code, as amended) Section 178 of Criminal Code -Unauthorized Disposal of Personal Data (1) Whoever, even through negligence, communicates or allows access to data gathered in connnection with the performance of public administration shall be punished by imprisonment for a term of up to one year, or to prohibition of a specific activity or a pecuniary penalty. (2) A person who acquires data on another person in connection with his profession, employment or office and who, even through negligence, communicates the data to another person, or allows access to such data by another person, thus breaching a duty of confidentiality stipulated by law, shall be liable to a sentence under subsection. (3) An offender shall be punished by imprisonment for a term of two years, or to prohibition of specific activity or a pecuniary penalty, if a) by his act under subsection (1) or (2) he causes a serious detriment to the rights and justified interests of the person to whom such data relates; b) he commits an act under subsection (1) or (2) through the press, radio, film or TV broadcasting or in another similarly effective manner; c) he commits an act under subsection (1) by breaching duties arising from his profession, employment or office. |
Section 257a Damaging or Misusing Data Carrier Record
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Section 257a Damaging or Misusing Data Carrier Record (1) A person, who with intent to cause damage or some other detriment to another or obtain unjust benefit for himself or another person, gains access to a data carrier and: (a) uses such data without authorization; (b) destroys, damages or renders useless the data on such carrier; (c) interferes with the hardware or software of a particular computer, shall be punished by a term of imprisonment of from six months to three years, by prohibition of a specific activity, by a pecuniary penalty or forfeiture of a specific thing. (2) An offender shall be sentenced to a term of imprisonment of from one year to five years if: a) he commits an act under subsection (1) as a member of an organized group, or b) by such act he causes substantial damage or acquires substantial benefit for himself or another person. (3) An offender shall be sentenced to a term or imprisonment of from two years to eight years if, by an act under subsection (1), he causes large-scale damage or acquires a large-scale benefit for himself or another person. |
Except domestic legislation also international documents are valid in this area which are binding for the Slovak republic. This preference of international treaties or legal binding documents of european communities and european union follows from article 7, paragraph 5 of the Constitution.
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Constitution of the Slovak republic of 1st September 1992 (5) International treaties on human rights and fundamental freedoms, international treaties whose executions does not require an act and international treaties which directly establish rights or obligations of natural persons or juridical persons and which were ratified and promulgated as required by law shall take precedence over the laws. |
The Slovak republic in the recent period (in 2001 and 2002) ratified in the area of personal data protection two important international documents:


