Administrative & Criminal liability

How to bring the person responsible to administrative and criminal liability for the unlawful processing of your data?

If you believe that a person has processed your medical data in an unlawful manner, you can request the initiation of administrative violation or criminal proceedings according to the State Liability Act or Code of Criminal Procedure.

Administrative offence

If the data processor has breached your rights with their activities you may turn to the Data Protection Inspectorate with your application and ask the data processor to be taken to administrative liability. In your application you should explain what constituted the offence of the data processor and substantiate your arguments convincingly. The Data Protection Inspectorate may declare that an administrative offence has been committed against you and order that the violation is ceased and/or order a pecuniary punishment for the data processor. This type of liability, however, does not offer material compensation.

Criminal offence

If your medical data has been processed unlawfully and 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 can request the initiation of 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 has carried out, provide substantial arguments and explain the kind of harm it has created for you.

The investigator or prosecutor may decide to start criminal proceedings and in a such 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 that you have suffered.


Last updated 08/06/2019