How to complain and obtain compensation for the unlawful search and seizure of data and devices during operational actions?
Approval of operational action
Operational actions can be carried out in either the course of particular criminal proceedings or not in relation with any criminal proceedings at all. In both situations, however, you have to follow the same procedure regarding the challenging of actions performed.
The seizure of electronic data can only be performed for a limited time and with the approval of either the Chairperson of the Supreme Court or his or her authorized judge of the Supreme Court. The Prosecutor General and his specifically authorized prosecutors monitor the lawfulness of the operational actions carried out.
Complaint
If you believe that operational actions have been carried out in an unlawful and/or disproportionate way, thus violating your right to private life, you can submit a complaint to the prosecutor. The prosecutor will have to examine the lawfulness of the operational actions taken and give a report on the established facts and conclusions. You will be informed whether the search and seizure of your data and devices has been performed lawfully and thus whether your rights have been respected.
However, you may encounter obstacles in challenging the lawfulness of the operational actions applied. If you believe that the national law does not provide effective safeguards against potential abuses and misuses of your personal data in case of operational actions, you may challenge ineffective legal regulation. Read how to challenge ineffective legal regulation.