How to bring the person responsible to administrative and criminal liability for the unlawful processing of your data?
If you believe that a person has processed your medical data in an unlawful manner, you can contact the Croatian Personal Data Protection Agency.
Administrative offence
If a person has unlawfully processed your medical data, you can contact the Croatian Personal Data Protection Agency with a request to determine the violation of rights. In your application you should indicate the kind of unlawful actions the data user has carried out and provide substantial arguments. The Agency may decide to start administrative proceedings and in such a situation will contact you and inform you about your right to be recognized as a victim in the case.
To exercise your rights, you should first contact the company or organization that processes your personal data. The company/organization must respond to your request without undue delay, and within one month at the latest. If the company/organization does not want to comply with your request, it must provide a valid reason.
If after addressing the manager/executor of the processing (the natural or legal person that processes your personal data) you have not received a response within a month or you have failed to exercise your rights and you believe that your right to the protection of personal data has been violated, you can contact the Agency with a request to determine a violation of rights.
Criminal offence
If your medical data has been processed unlawfully and has caused you substantial harm, this action may reach the level of a criminal offence. Substantial harm comprises not only a breach of your right to control the use of your personal data but also a significant financial loss, which has been thereby caused to you. In such a situation, you can request the initiation of criminal proceedings by submitting an application to an investigating institution or the prosecutor’s office. In your application, you should indicate the kind of unlawful actions the person has carried out, provide substantial arguments and explain the kind of harm it has created for you.
The investigator or prosecutor may decide to start criminal proceedings and in a such situation will contact you and inform you about your right to be recognized as a victim in the case and to request compensation for the material loss and the moral injury that you have suffered.