How to complain and obtain compensation for the unlawful search and seizure of data and devices during operational actions?
Approval of operational action
Operational actions can be carried out either in the course of 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.
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
Special evidentiary actions necessitate judicial authorization, governed by strict legal grounds and outlined procedures within the Criminal Procedure Act. If you believe that operational actions have been carried out in an unlawful and/or disproportionate way, thus violating your right to private life, you can submit a written complaint with supporting evidence attached to the State Attorney's Office overseeing the jurisdiction where the action occurred. 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.