How to bring your employer to administrative and criminal liability for the unlawful processing of your data?
If you believe that your employer – a private individual or entity, or a public authority - has unlawfully processed your personal data, you can request the initiation of administrative violation or criminal proceedings according to the State Liability Act or Code of Criminal Procedure.
Administrative offence
If your employer has unlawfully processed your personal data, you can request the initiation of administrative violation proceedings by submitting an application to the Data Protection Inspectorate. In your application you should indicate the kind of unlawful actions your employer has carried out and provide substantial arguments.
The Data Protection 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 and to request compensation for the material loss and/or the moral injury that you have suffered.
Criminal offence
If your employer has collected, stored or otherwise used your data unlawfully and it 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 private life 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 your employer 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 such a 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.