How to complain and obtain compensation for unlawful communications, video and audio monitoring?
If you suspect, or are aware of, the fact that you have been covertly monitored or your communications have been intercepted and you believe that it has not been done
- in accordance with legal provisions and/or
- is not necessary and proportionate for the protection of other legitimate interests
you can challenge the lawfulness of the decision or activity taken before the competent authority.
There are different requirements, depending on whether the secret surveillance was carried out in the form of
- special investigative action or
- as an operational action
Special investigative actions can be performed only in the course of criminal proceedings, while operational actions can be performed in other situations as well.
In Croatia, specific procedures apply to address unlawful communications, and video, and audio monitoring are considered special evidentiary actions.
These are considered special evidentiary actions in Croatia and include phone tapping, video surveillance, and accessing computer data. These require prior authorization from a judge with strict legal grounds.
Unlawful monitoring occurs when these actions are conducted without proper authorization or exceed the authorized scope. According to the standing positive legal obligation and protocol the police, which is implementing these actions, are obligated to delete all unnecessary materials from persons which are not a subject of the warrant.