If you suspect, or are aware of, the fact that you have been covertly monitored or your communications have been intercepted 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
you can challenge the lawfulness of the decision or activity taken before the competent authority.
There are different requirements, depending on whether the secret surveillance was carried out in the form of
- special investigative action or
- as an operational action
Special investigative actions can be performed only in the course of criminal proceedings, while operational actions can be performed in other situations as well.
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe