After reviewing the new regulation governing lay oversight of sick leave, the Human Rights Ombudsman of the Republic of Slovenia concluded that such oversight does not fall within the scope of detective activity and does not interfere with human rights or fundamental freedoms.

In the course of examining the initiative, the ombudsman compared the powers of lay supervisors of the Health Insurance Institute of Slovenia (ZZZS) under Article 77a of the Health Care and Health Insurance Act with those of detectives, who operate under the stricter conditions laid down in the Private Investigation Act (ZDD-2). It was established that these are two entirely distinct areas, with different purposes, legal bases and scopes of powers.

Lay supervisors have significantly narrower powers. Their work is limited to three basic actions: visiting the insured person, speaking with the insured person and obtaining information from publicly available sources. The ombudsman emphasises that “lay supervisors do not have access to medical records, do not use covert methods and do not have the powers granted by law to detectives.”

This means that they do not carry out covert surveillance, do not use technical means and do not collect sensitive personal data. Their task is solely to verify whether the insured person is acting in accordance with the instructions given by the doctor with a view to ensuring the fastest possible recovery.

It is also important that the lay supervisor does not decide on the entitlement to sick leave. The report constitutes merely information submitted to the designated doctor. The ombudsman’s analysis shows that “the lay supervisor’s report represents only an initiative for reassessment and not a decision.” The final decision is always taken by a doctor or a medical commission.

The ombudsman therefore assessed that the existing legal framework does not interfere with the exercise of detective activity and does not constitute an interference with human rights. At the same time, the ombudsman will continue to closely monitor the implementation of the regulation in practice. Should it become apparent that the oversight does not provide adequate safeguards or that irregularities occur, the ombudsman will reopen the matter.

For individuals, this means that lay oversight of sick leave is clearly limited, transparent and does not involve measures comparable to detective work.

Link to the details of Case No. 9.3-8/2025 is available via the link on the right.