How to bring the person responsible to administrative and criminal liability for the unlawful processing of your data?
If you believe that a person who operates a database or a register has unlawfully processed your personal data, you can request the initiation of an administrative violation or criminal proceedings according to the State Liability Act or Code of Criminal Procedure.
Administrative offence
If a person has unlawfully processed your personal data, you can request the initiation of administrative violation proceedings by submitting an application to the Data Protection Inspectorate. In your application, you should indicate the kind of unlawful actions the data user has carried out, provide substantial arguments and explain the kind of harm that it has created for you.
The Data Protection Inspectorate may decide to start administrative violation proceedings and in such a situation will contact you and inform you about your right to be recognized as a victim in the case and request compensation for the material loss and/or the moral injury that you have suffered.
Criminal offence
If your data has been collected, stored or otherwise used unlawfully and it has caused you substantial harm, this action may reach the level of a criminal offence. Substantial harm comprises not only a breach of your right to control the use of your personal data but also a significant financial loss, which has been thereby caused to you. In such a situation, you should initiate criminal proceedings by submitting an application to an investigating institution or the prosecutor’s office.
In your application, you should indicate the kind of unlawful actions the person in question has carried out, provide substantial arguments and explain the kind of harm that it has created for you.
The investigator or prosecutor may decide to start criminal proceedings and in such a situation will contact you and inform you about your right to be recognized as a victim in the case and to request compensation for the material loss and the moral injury you have suffered.