Complaint to institution
If the institution that processed your medical data is a public authority and you believe that the use of your information has resulted in a violation of your right to private life, you can initially complain to this institution.
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 authority that 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 the requested compensation
- add relevant documents that substantiate your opinion, if there are any
The institution itself or its supervising (or otherwise competent) authority will assess whether the institution has acted lawfully and, if it has not acted lawfully, may order compensation.
Appeal to Administrative court
If you are not satisfied with the decision taken by the authority, you can challenge the decision in the Administrative court. You can learn more about how to prepare your application in the Administrative Procedure Law.
The Administrative court will assess whether the data user has acted lawfully. If it has not acted lawfully and has caused you damage, the court may oblige the institution to provide compensation.
Articles 10, 18
Articles 92, 96
Articles 92-97, 184, 186 – 189
Articles 1, 4, 8, 9, 15 – 17, 22
Joint publication by the the EU Agency for Fundamental Rights and the Council of Europe