You can challenge the lawfulness of the decision and the activity before the competent authority if your devices containing electronic data or your electronic data itself has been searched or seized, 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.
There are different requirements depending on whether the search or seizure was carried out in the form of an investigative action or as an operational action. Investigative actions can be taken 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