You first have to find out whether you have been involved in such activity in order to complain about your personal data processing within investigative or operational actions.

The Code of Criminal Procedure specifies that you must be informed of all investigative actions performed against you after these actions are completed and this information can be revealed without impeding the criminal investigation.

You can also find out information about what kind of investigative, as well as operational actions have been carried out in the course of criminal proceedings in the materials of the particular criminal case. This is the only sure way to find out what operational actions have been conducted.

You may request the prosecutor, or the court that possesses the materials of the particular case, to grant you access to this information. If the investigation is still ongoing, your request may be refused. After the criminal investigation has been concluded, you must be allowed access to the materials of the criminal case.

If you are not involved in criminal proceedings, however, but suspect that operational activities could have been or are being covertly performed against you, you can submit an application to the prosecutor and request information about whether such operational action has been or  is being carried out and what type of personal data has been used. You should remember that the authority can reject your application on the grounds that the disclosure of the requested information could threaten the purpose for which the operational action was performed.

Under the Law on Criminal Intelligence the authorities conducting operational activities against you are also obliged to inform you of such actions, if your rights have been violated in the course of these activities.

Human Rights Guide

A European platform for human rights education