How to bring the person responsible to administrative and criminal liability for the unlawful processing of your data?
If you believe that a person who operates a database or a register has unlawfully processed your personal data, you can request the initiation of an administrative violation or criminal proceedings according to the Lithuanian Code of Administrative Offences or Criminal Code.
Administrative offence
If a person has unlawfully processed your personal data, you can request the initiation of administrative violation proceedings by submitting an application to the State Data Protection Inspectorate. In your application, you should indicate the kind of unlawful actions the data user has carried out, provide substantial arguments and explain the kind of harm that it has created for you.
The State Data Protection Inspectorate may decide to start administrative violation proceedings and in such a situation will contact you and should inform you about your right to be recognized as a victim in the case and request compensation for the material loss and/or the moral injury that you have suffered.
Criminal offence
If data about your private life has been collected unlawfully this action may be considered a criminal offence. “Private life” is a wide concept in this context, and may include lifestyle choices, familial status, relations with other persons, health information etc. This is decided on by the court with regard to the context of the case at hand.
In a situation where data about your private life has been collected unlawfully, you should initiate 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 in question has carried out, provide substantial arguments and explain the kind of harm that 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 you have suffered.