Investigative actions and operational actions
If you suspect, or are aware of, the fact that you have been covertly monitored or your communications have been intercepted, or other investigative or operational actions have been accrued out against you, such as if your devices containing electronic data or your electronic data itself has been searched or seized, and you believe that it has not been done:
- in accordance with legal provisions and/or
- is not necessary and proportionate for the protection of other legitimate interests
you can challenge the lawfulness of the decision or activity taken before the competent authority.
There are different requirements, depending on whether the secret surveillance or other similar actions were carried out in the form of a) special investigative action or as an b) operational action. Special investigative actions can be performed only in the course of criminal proceedings, while operational actions can be performed in other situations as well.
Resources
Joint publication by the EU Agency for Fundamental Rights and the Council of Europe