Operational actions can be carried out either in the course of the criminal proceedings or in cases of national security (such as combating terrorism etc.). In both situations, however, you have to follow the same procedure when challenging the applied actions.
Approval of operational action
Video, audio and communications monitoring can be performed only for a limited time and with the approval of pre-trial judge or a prosecutor in the cases of criminal procedures, or either the chairperson of the Supreme Court or his or her authorized judge of the Supreme Court in national security cases. The Prosecutor General and his specifically authorized prosecutors monitor the lawfulness of the operational actions carried out when it comes to national security cases.
Complaint
If you suspect or believe that operational actions against you have been carried out in an unlawful and/or disproportionate way, thus violating your right to private life, you can submit a written complaint to the relevant State Attorney's Office. The State Attorney's Office will assess your complaint and evidence to determine the need for further investigation. If the complaint proves valid, potential actions may include: launching an investigation into the responsible authorities or individuals, reviewing the legality of the decision for the special evidentiary action, requesting additional information or evidence from you.
However, you may encounter obstacles in challenging the lawfulness of the operational actions applied. If you believe that the national law does not provide effective safeguards against potential abuses and misuses of your personal data in case of operational actions, you may challenge ineffective legal regulation. Read how to challenge ineffective legal regulation.