Law note · Slovakia
GDPR Article 9 and Act Section 78, National Birth Number
General Data Protection Regulation (GDPR) Article 9(1) treats biometric data processed for unique identification as a special category. Commentary (CMS) quotes the Act as permitting biometric, genetic, and health data processing on the basis of a special regulation or an international agreement, a general enabling clause rather than a substantive biometric-specific carve-out; no employment-biometric consent or works-council rule was found in either commentary source.
A separate, more specific commentary-sourced finding, Section 78, protects the Slovak birth number (rodne cislo): explicit consent is required to process it, and public disclosure is prohibited unless the data subject discloses it themself. None of this was independently verified against the Act's own text this session.
No commencement date is recorded for this instrument: this document rests entirely on commentary with no primary-source text read, and status is downgraded from in_effect to enacted rather than asserting an unconfirmed effective date.
What it asks of an app
- Obtain an explicit General Data Protection Regulation (GDPR) Article 9(2) legal basis before processing biometric, genetic, or health data of a person in Slovakia.
- Do not process or disclose a Slovak birth number (rodne cislo) without the data subject's explicit consent or their own prior disclosure, per commentary describing Act Section 78; verify this against the Act's own text before relying on it.
When LexLint raises it
Declared activities: processes_biometrics, processes_voice, high_risk_decisions
Primary source: CMS and DLA Piper commentary only
Act's own text not read this session