Compensation for the unlawful search and seizure of data
Right to seek compensation
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. However, these actions might have also 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 due to a violation of your right to private life is stipulated in the Constitution of the Republic of Croatia. Remember that you can request compensation for the material (financial) loss and/or the moral injury that you have suffered. In Croatia, pursuing compensation for the illicit search and seizure of your data is feasible under specific circumstances and procedures.
Grounds for Compensation
Unlawful data processing: The search and seizure must lack proper legal authorization or exceed the authorized scope, violating data protection regulations like the General Data Protection Regulation (GDPR).
Negligence: Eligibility for compensation arises if your data was mishandled, leading to breaches or leaks due to careless actions by the responsible party.
Intentional misuse: Compensation may be claimed if your data was used without authorization or disclosed without justification.
Types of Compensation
Material damages: Reimbursement for financial losses directly resulting from the unlawful processing, covering expenses related to data breaches or identity theft.
Non-material damages: Compensation for emotional distress, reputational harm, and other intangible losses.
Gather Evidence
- Document the search and seizure nature and how your data was processed
- Collect evidence of unlawfulness, negligence, or misuse, including court decisions, data breach reports, and witness testimonies
- Quantify financial losses
Negotiate with Authorities
For public bodies (e.g., police, intelligence agency), attempt negotiation for compensation.
You can seek advice from a lawyer specializing in data protection and privacy rights.
Civil Lawsuit
If negotiations fail, initiate a civil lawsuit against the responsible party (public body or individual) in a Croatian court.
Present evidence to establish unlawful processing, damages, and the causal link. Legal representation is highly recommended due to case complexities.
Data Protection Authority Complaint
Lodge a complaint with the Personal Data Protection Agency (Agencija za zaštitu osobnih podataka) regarding data processing violations, even if pursuing compensation separately.
They can investigate the complaint and potentially impose fines or sanctions on the responsible party.
Compensation for unlawfully performed investigative action
If you want to receive compensation for an unlawfully performed investigative action within criminal proceedings, you can submit an application to a court of general jurisdiction (civil court). You should provide arguments as to which activities were unlawful and why or were applied in a disproportionate way, indicate the amount of the requested satisfaction, and add relevant documents that substantiate your opinion, if there are any. For example, a prosecutor’s decision in which the investigative actions performed against you were found to be unlawful, might be important evidence.
Compensation for unlawfully performed operational action
If you want to receive compensation for an unlawfully performed operational action, you can submit an application to a court of general jurisdiction (civil court). You should provide arguments as to which activities were unlawful and why or were applied in a disproportionate manner, indicate the amount of the requested satisfaction, and add relevant documents that substantiate your opinion, if there are any.
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.