How to bring your employer to administrative and criminal liability for the unlawful processing of your data?
If you believe that your employer – a private individual or entity, or a public authority - has unlawfully processed your personal data, you can contact the Croatian Personal Data Protection Agency.
To exercise your rights, you should first contact your employer that processes your personal data, i.e. the manager. The company/organization must respond to your request without undue delay, and within one month at the latest. If the company/organization does not want to comply with your request, it must provide a valid reason. If the employer has not complied with your request within one month, and you believe that your right to the protection of personal data has been violated, only then contact the Croatian Personal Data Protection Agency with a request to determine the violation of rights.
Administrative offence
If your employer has unlawfully processed your personal data, you can contact the Croatian Personal Data Protection Agency with a request to determine the violation of rights. In your application you should indicate the kind of unlawful actions your employer has carried out and provide substantial arguments. The Agency may decide to start administrative proceedings and in such a situation will contact you and inform you about your right to be recognized as a victim in the case.
The Agency decides if a violation took place and their decision is an administrative act.
An appeal against the Agency's decision is not allowed, but an administrative dispute can be initiated before the competent administrative court.
Criminal offence
If your employer has collected, stored or otherwise used your data 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 private life 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 your employer 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 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 that you have suffered.