How to complain in a case where you believe that your privacy has been violated?
Anyone who believes that a right guaranteed by the Law on the Implementation of the General Regulation on Data Protection and the General Regulation on Data Protection has been violated, can submit a request to the Croatian Personal Data Protection Agency to determine the violation of rights.
The Agency decides on a violation of rights by means of a decision. The decision of the Agency is an administrative act. An appeal against the Agency's decision is not allowed, but an administrative dispute can be initiated before the competent administrative court.
If you believe that information about your private life has been made public for no good reason, you can bring a civil claim against the disseminator of this information. In this case, according to the Law on Civil Relations, it is a violation of personality rights. In civil court you can ask for monetary compensation or an apology. You can take into account both material (for example loss of income) and moral damages. In your application to the court you should explain:
- which facts or information about your private life were made public
- How and when they were made public, such as the date, time, the publication and media
- why this violates your rights
- whether you are seeking compensation and the type, for example, monetary or an apology
- and justify why you are asking for that compensation specifically, for example, the particular sum of money
In this case, according to the Law on Civil Relations, it is a violation of personal rights. Every person has the right to the protection of his personal rights under the assumptions established by law. Personal rights are considered the rights to life, physical and mental health, reputation, honor, dignity, name, privacy of personal and family life, freedom, etc.
In the event of a violation of personal rights, the injured party in civil court may request:
- at the expense of the damage party, publication of the verdict, or correction
- withdrawal of the statement by which the violation was committed
- or anything else that can achieve the purpose that is achieved by a fair monetary compensation
In the event of a violation of personal rights, the court, if it finds that the severity of the violation and the circumstances of the case justify it, will award fair monetary compensation, regardless of compensation for property damage, and even when there is no compensation.
When deciding on the amount of fair monetary compensation, the court will take into account the strength and duration of the physical pain, mental pain and fear caused by the injury, the goal that the compensation serves, but also that it does not favor aspirations that are not compatible with its nature and social purpose.
The Act on the Implementation of the General Regulation on Data Protection prescribes that if information is obtained or objects are found that point to the commission of a criminal offense that is being prosecuted, the authorized persons will notify the competent police station or the state attorney as soon as possible.
Also, according to the Croatian Criminal Code, anyone who collects, processes or uses personal data of natural persons contrary to the conditions specified in the law may be punished with imprisonment for up to 3 years.
Appeal
If the police reject your request to initiate criminal proceedings and you consider that the decision taken by the police is not well-founded, you may appeal it to the supervising prosecutor in your case.