You first have to find out whether you have been involved in such activity in order to complain about your personal data processing within investigative or operational actions.
You can find out information about what kind of investigative or operational actions have been carried out in the course of criminal proceedings in the materials of the particular criminal case, but only after the proceedings have been concluded. You may request the prosecutor, or the court that possesses the materials of the particular case, to grant you access to this information.
If you are not involved in criminal proceedings, however, but suspect that operational activities could have been or are being covertly performed against you, you can submit an application to the prosecutor and request information about whether such operational action has been or is being carried out and what type of personal data has been used. You should remember that the authority can reject your application on the grounds that the disclosure of the requested information could threaten the purpose for which the operational action was performed. Although according to the law, you should be informed about the operational action taken against you after it has been concluded, there are several exceptions from this provision, for example, if that could threaten national security or harm rights and interests of other persons.
You may encounter obstacles regarding access to your data. If you believe that the national law does not provide effective safeguards for how to request and be granted access to your data which was collected during investigative or operational actions, you may challenge ineffective legal regulation. Read how to challenge ineffective legal regulation.
Articles 374 - 375
5 November 2013
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe