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.
If the breach accompanying unlawful processing of your data is serious or if it is a danger to public safety, it is possible that an offence has been committed that is punishable according to the Penal Code. In that case you should bring charges with an investigative body or the prosecutor’s office. You should also note which offence you believe has been committed by the data processer and substantiate it convincingly. You should also explain what kind of damage the data processor has caused you with it.
The investigative body or the prosecutor’s office may, as a result of this, initiate criminal proceedings against the data processor and notify you of your rights as the victim to claim compensation for material and moral damages.
Articles 1, 11, 17
Articles 38 – 49, 156 – 179
Articles 193, 194, 195
Articles 157, 157prim, 157sec, 137, 315
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe