How to bring the person responsible to administrative and criminal liability for the unlawful use of your image?
If you believe that a person has unlawfully processed your image, you can request the initiation of an administrative violation or criminal proceedings according to the Code of Administrative Offences or Criminal Code.
Administrative offence
If a person has unlawfully processed your image 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 caused you.
The State 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 request compensation for the material loss and/or the moral injury that you have suffered.
Criminal offence
If your image has been taken by unlawful means, such as secretly installing a camera in your household or car, this action may be considered a criminal offence. 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 the person has carried out, provide substantial arguments and explain the kind of harm that it has created for you.
There may also be specific situations when your image has been published in a way that incites national, ethnic, racial or other kinds of hatred, or social hatred, by concentrating on such characteristics as gender, age, disability and others, or to defame you or your family. Such activity may result in criminal liability for hate crimes or defamation. 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 the person has carried out and provide substantial arguments.
In the aforementioned situations, 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 or the moral injury that you have suffered.