Complaint before a court
If your medical data was processed by a private individual or entity and you believe that this has resulted in harm to your right to private life, you can file a complaint before a court of general jurisdiction (civil court).
Before submitting an official complaint to the court, you should inform the individual or entity about your intentions and ask whether they would be willing to grant you compensation without the involvement of court proceedings. If negotiations are, or are deemed to be, unsuccessful you can challenge the action taken before a court of general jurisdiction (civil court).
In your application you should:
- refer to the relevant legal provisions that entitle you to seek compensation
- provide arguments as to which activities taken by the person or entity which possesses your medical data were unlawful or applied in a disproportionate way and why
- name the legal provisions which have been violated
- indicate the amount of requested compensation
- add relevant documents that substantiate your opinion, if there are any
You can learn more about how to prepare your application in the Civil Procedure Law.
Article 26 (2)
Articles 10, 18
Articles 127 – 130
Articles 92, 96
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe