"The Human Rights Ombudsman is of opinion that the use of polygraphs i.e. lie detectors represents an excessive and disproportionate breach of privacy and an encroachment upon the personal rights and dignity of employees. That is why it shouldn't be used in employment relationships, especially in the public sector, without an explicit legal basis," is how the Human Rights Ombudsman office answered to a question posed on its website, on whether the use of polygraphs on public sector employees was permissible.

"We regard that polygraph tests shouldn't be used in employment relationships, not even with the consent of employees. In a majority of cases we could also doubt whether the given consent would really be the result of a free expression of will, as the employee is never in an equal position with his employer," is what the office also wrote.

The office of the Human Rights Ombudsman refuses to reveal which public authority inquired to know whether the use of polygraph testing was permissible. The idea to question its employees might have come from one of the public offices from which confidential information was recently leaked to the public. It could have been the Public prosecutor's office, with regards to the financial investigation against the president of the largest opposition party Mr. Janez Janša and the accused in the Patria case, the late Jože Zagožen.

The office of Ombudsman Vlasta Nussdorfer warns that the procedure for using polygraphs is regulated by the Law on the Duties and Powers of the Police connected to the process of identifying perpetrators of criminal offences. The purpose of the polygraph procedure is to eliminate individual suspects from the case. The procedure can be carried out only on the basis of a pre-written consent, which can be revoked at any time.

"The procedure for using polygraphs is regulated by the Law on the Duties and Powers of the Police and is carried out to benefit a certain suspect. That's why we are of opinion, that it shouldn't be put to use uncritically in employment relationships," the office adds.

Detectives see nothing controversial in the polygraph method
A quick glance at the websites of detective agencies reveals that almost all Slovenian detectives offer polygraph tests. As part of their range of services polygraph tests are offered in cases with alleged unfaithful partners, as well as for employees in cases of certain violations.

The president of the Chamber of Detectives, Janko Trivunović sees nothing controversial in the use of polygraphs in detective work. "With polygraphs we establish the truth behind statements made by individuals or whether they lie about certain events. However we can't force anyone to take a polygraph test, the person has to free willingly give is consent," warns Trivunovič.

The president of the Chamber of Detectives, who is a detective himself, says polygraphs are not frequently used in his line of work. On average they're used only once to twice a month.

Polygraphs are usually used in cases involving more people. For example if some wrongdoings would occur in a warehouse, with the help of a polygraph you can eliminate several suspects from the case, which were not involved in the contentious act.

Mr. Trivunović explains that the results of polygraph tests cannot be taken as material evidence and can't be used in court proceedings. That is why he sees nothing controversial in the method. On the basis of polygraph tests, detectives decide whether to continue searching for evidence against a certain individual - suspect.

Mr. Trivunović says that most employers, who ask for detective services to check on their employees, come from the private sector. The public sector rarely decides to use the method.

Ministry of Interior: Polygraph tests help in our work
In Slovenia the Ministry of Interior oversees the work of detective agencies i.e. the Chamber of Detectives, which gives and takes away detective licences.

The ministry says that the Law on Detective Activity doesn't explicitly regulate the use of polygraphs. However the ministry says it can be considered a legitimate technical means of work.

"Apart from having a licence to use a polygraph, it should be emphasized that a condition for the use of a polygraph is the explicit consent of the person being tested, given under no constraint. The person is also notified, that he can refuse to continue with the testing at any time," is what the Ministry of Interior says.

"Polygraph tests can also help or give directions in the further investigation to ascertain a factual state. Besides that they can also eliminate a potential suspect from further investigation," the ministry adds.