How to complain and obtain compensation for unlawful search and seizure of data and devices?
You can challenge the lawfulness of the decision and the activity before the competent authority if your devices containing electronic data or your electronic data itself has been searched or seized, 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.
There are different requirements depending on whether the search or seizure was carried out in the form of an investigative action or as an operational action. Investigative actions can be taken only in the course of criminal proceedings, while operational actions can be performed in other situations as well.
You can submit a written complaint to the relevant State Attorney's Office (Državno odvjetništvo) overseeing the jurisdiction where the action occurred. Clearly articulate the nature of the special evidentiary action and reasons for deeming it unlawful. Attach supporting evidence, including: documentation of the action (if a court order is available), witness testimonies, technical evidence of unauthorized monitoring (if applicable).
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.
Potential Resolutions: 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.