The law provides for more specific provisions for the processing of personal data in the context of employment. These regulations must be read in conjunction with the employer`s obligations under the new Labour Code. The law expressly prohibits the processing of potential employee data on criminal convictions and criminal offenses, unless such processing is necessary to determine the person`s ability to meet the requirements of the position under the relevant laws. Employers may only collect information about the potential employee`s qualifications or suitability from their former employers after informing the candidate of such treatment, while to collect the same information from the individual`s current employer, they must obtain the employee`s prior consent. In addition, employers have a new obligation to inform employees about video or audio surveillance, behavior, location or motion tracking under Article 13 of the GDPR. Article 155 provides that sexual intercourse with a person under the age of 16 by a person over the age of 18 is punishable. In addition, sexual intercourse with a person under the age of 14 (regardless of voluntary consent) constitutes rape within the meaning of Article 152 (since January 2019). The law no longer refers to the concept of “sexual maturity” that existed in the previous legal framework. [139] The Swedish age of consent also applies if the act takes place outside Sweden, but the older person later travels to Sweden. The elderly person does not need to be a Swedish citizen or resident, but could be a tourist during a temporary visit. This applies regardless of the age of consent in the country where the act took place. [128] [129] “The attitude that consent is important, that it was not given voluntarily, changes the attitude towards the situation,” Jureliavičiūtė said.
After the collapse of the Soviet Union, countries (including Lithuania) abolished many of these laws. However, while, for example, same-sex relationships were quickly legalized, other restrictions had less lobbying to change them, and so they remained. However, in the age of the Internet, the ban on pornography is actually dead – no one cares, no one tries to enforce it (with the exception of child pornography). However, there is also no pornography industry (unlike other European countries formerly ruled by the Communists) as the law would likely be enforced against them, making them too risky. The age of consent in Slovenia is 15 years, as provided for in Article 173, paragraph 1, of the Slovenian Criminal Code, which reads as follows: “(1) Any person who has sexual intercourse or commits an obscene act with a person of the same or another sex under the age of fifteen (15) years, if there is a clear discrepancy between the maturity of the offender and that of the victim, shall be sentenced to a term of imprisonment of at least six (6) months and not more than five (5) years”. [122] For a very long time, the age of consent in Romania was 14. The Penal Code of 1864, which followed shortly after the unification of the Principalities of Moldavia and Wallachia and was in force between 1865 and 1936, set an age of consent of 14 years. According to the Code, article 263 stated: “Any attack on decency, whether committed or attempted without violence against the person of a male or female child under 14 years of age, shall be punishable by imprisonment for two to three years.” Article 264 defines “attack on decency by force”, the equivalent of the modern crime of rape (although the term “rape” is not used in this code) and stipulates that the maximum penalty must be imposed if the victim is under 15 years of age.
[104] In 1936, a new penal code came into force.