At the time of the COVID-19 pandemic spread, state authorities may introduce various measures and activities to protect public health. The effective response to the COVID-19 pandemic requires the increased interference of authorities with the privacy of individuals. The author presents the provisions of the most important international legal documents regulating protection of personal data and right on individual on privacy (as a fundamental human right). Enjoying certain human rights without limitations could collide with interests of a society as a whole, or with same or similar rights of others, rights that also need to be protected. This is why existence of limitations (for example: the right of privacy) in international human rights instruments are considered to be reasonable and justified, but they must be based on law (and be in accordance with the Constitution, which was not respected in Slovenia, also with regard to freedom of movement and assembly) and proportionate to the legitimate aim of protection of public health. In the article, the author critically analyses the constitutionality and legality of decisions of state bodies and their impact on fundamental human rights and freedoms in relation to SARS- CoV-2 virus, which causes the disease COVID-19. Slovenia has undertaken several measures that limit the privacy during pandemic. The measure taken by the Slovenian authorities in the form of a mobile application for informing about contacts with those infected with SARS-CoV-2 virus and persons who have been quarantined is disproportionate (it seems to lack some important safeguards explicitly invoked recently by relevant institutions and bodies of the European Union and the Council of Europe).

Keywords: the right of privacy, personal data protection, human rights, derogation and facultative limitations of human rights, European Convention on Human Rights, European Court of Human Rights, COVID-19 disease, constitutionality.

The author critically analyses the constitutionality and legality of decisions of state bodies, the most important (for example Ordinance on the Temporary Prohibition of the Gathering of People at Public Meetings at Public Events and Other Events in Public Places in the Republic of Slovenia and Prohibition of Movement Outside the Municipalities, Ordinance on the Temporary Par- tial Restriction of Movement of People and on the Restriction or Prohibition of Gathering of People to Prevent the Spread of COVID-19, etc.) also from the perspective of certain international legal documents dealing with the issue and their impact on fundamental human rights and freedoms in relation to the SARS-CoV-2 virus, which causes the disease COVID-19. Enjoying cer- tain human rights without limitations could collide with interests of a society as a whole, or with same or similar rights of others, rights that also need to be protected. This is why existence of limitations (derogation and facultative limitations) in international human rights instruments are considered to be reasonable and justified, but they must be lawful, legitimate and proportionate. Special attention is given to the European Convention on Human Rights in the interpretation of the European Court of Human Rights. With respect to the measures taken that deviate from human rights, an explicitly repressive appro- ach is observable which entailed lengthy time intervals of suspension of the freedom of movement. Finally, the violation of temporary restriction or pro- hibition of the gathering (or movement) of people at public places and areas in the Republic of Slovenia, which is currently in force in Republic of Slovenia cannot constitute the criminal offence under Article 177 of the Criminal Code of Republic of Slovenia (and also not a minor offence).

Keywords: constitutionality, legality, human rights, derogation and facultative limitations of human rights, European Convention on Human Rights, European Court of Human Rights, the SARS-CoV-2 virus, the COVID-19 disease, criminal offence, minor offence.