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.
Right to seek compensation
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.
Illicit processing of your data during special evidentiary measures in Croatia can violate your privacy rights and lead to potential harm.
Compensation can be sought if data processing during special evidentiary measures was:
- Unlawful: Lack of proper authorization, exceeding the authorized scope, or violating data protection principles.
- Negligent: Careless handling of data leading to breaches or leaks.
- Intentional misuse: Unauthorized use of data or disclosure without justification.
Claiming compensation
In order to claim compensation, you have to gather evidence, document the nature of the special evidentiary measure, and how data was processed, collect evidence of unlawfulness, negligence, or misuse (e.g., court decisions, data breach reports, witness testimonies) and calculate quantifiable financial losses.
If negotiations fail, file a civil lawsuit against the responsible party (public body or individual) in a Croatian court. Lodge a complaint with the Personal Data Protection Agency regarding data processing violations, even if pursuing compensation separately. They can investigate the complaint and potentially impose fines or other sanctions on the responsible party.
However, you may encounter obstacles in challenging the lawfulness of the operational actions applied and in seeking compensation. If you believe that the national law does not provide effective safeguards against potential abuses and misuses of your personal data and the ordering of compensation in case of operational actions, you may challenge ineffective legal regulation. Read how to challenge ineffective legal regulation.