Procedure for submitting a complaint in the case of healthcare institutions
Complaint before the Commission
If the entity that processed your medical data is a healthcare institution, public or private, and you believe that the use of your information has resulted in a violation of your right to private life, you must initially complain to the Commission on evaluation of damage inflicted upon the health of patients.
Your application
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 Commission on evaluation of damage inflicted upon the health of patients will assess whether the institution has acted lawfully and, if it has not acted lawfully, may order compensation.
Appeal
If you are not satisfied with the decision taken by the authority, you can challenge the decision in a court of general jurisdiction (civil court). You can learn more about how to prepare your application in the Code of Civil Procedure.
Court's decision
The court of general jurisdiction (civil 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.