If a person has unlawfully processed your medical data, you can request the initiation of administrative violation proceedings by submitting an application to the Data State Inspectorate. In your application you should indicate the kind of unlawful actions the data user has carried out and provide substantial arguments. The Data State Inspectorate may decide to start administrative violation proceedings and in such a situation will contact you and inform you about your right to be recognized as a victim in the case.
If your medical data has been processed unlawfully and has caused you substantial harm, this action may reach the level of a criminal offence. Substantial harm comprises not only a breach of your right to control the use of your personal data but also a significant financial loss, which has been thereby caused to you. In such a situation, you can request the initiation of criminal proceedings by submitting an application to an investigating institution or the prosecutor’s office. In your application, you should indicate the kind of unlawful actions the person has carried out, provide substantial arguments and explain the kind of harm it has created for you.
The investigator or prosecutor may decide to start criminal proceedings and in a such situation will contact you and inform you about your right to be recognized as a victim in the case and to request compensation for the material loss and the moral injury that you have suffered.
Articles 5(1) 2), 23
Articles 43-44, 115 (1) 4), 116-119, 121
Articles 453 , 2047 , 228, 23610, 2381 - 239, 261
Articles 95 – 97, 369, 370, 372, 373
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe