Procedure for submitting a complaint in the case of private individuals and entities
Complaint before a court
If your data has been processed by a private individual or an entity, and you believe that this has resulted in harm to your right to control the use of your personal data, you can complain about this action 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 are willing to grant you compensation without the involvement of court proceedings. If the 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 provisions that entitle you to the right to seek compensation
- provide arguments about which activities 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
You can learn more about how to prepare your application in the Code of Civil Procedure.
Court's decision
A 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.