Procedure for submitting a complaint in the case of private individuals and entities
Complaint before a court
If a private individual or an entity has refused to grant access to your data, and you believe that it has resulted in harm to your right to data protection or right to private life, you can file a complaint before a court of general jurisdiction (civil court).Before submitting an official complaint to a court, you should inform the person or entity about your intentions and ask whether they are 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).
Your application
In your application you should:
- refer to the relevant legal provisions that entitle you to seek compensation
- provide arguments about which activities taken by the person or entity 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 Code of Civil Procedure.
Court's decision
A court of general jurisdiction (civil court) will assess whether the data user has acted lawfully. If the data user has not acted lawfully and it has caused you damage, the court may order compensation.