If you challenge the decisions taken and/or the activities carried out in the course of investigative and operational actions, the authorities will examine the lawfulness and proportionality of those measures. However, you may also feel that these actions have caused you material and moral harm and distress. If they have been performed in an unlawful manner, the harm done should be compensated. Your right to seek compensation in the case of a violation of your right to private life is stipulated in the Constitution of the Republic of Estonia.
You can claim compensation for the damage caused by unlawful surveillance pursuant to State Liability Act. For this you should file a claim in the Administrative Court, while doing so, you should keep in mind to:
- refer to the relevant legal provisions that entitle you to seek compensation
- provide arguments as to which activities taken by the authority that possesses your medical data were unlawful or applied in a disproportionate way and why
- name the legal provisions which have been violated
- indicate the amount of the requested compensation
- add relevant documents that substantiate your opinion, if there are any
However, you might encounter obstacles in challenging the lawfulness of the operational action taken and in seeking compensation. This is because the national law does not provide effective safeguards regarding access to your data, your appeal against potential abuses and misuses and the ordering of compensation in case of operational actions. Read how to challenge ineffective legal regulation.