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 Lithuanian Code of Administrative Offences 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 State Data Protection Inspectorate. In your application you should indicate the kind of unlawful actions your employer has carried out and provide substantial arguments.
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 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 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 your employer has carried out, provide substantial arguments and explain the kind of harm it has caused 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.