How to bring the person responsible to administrative and criminal liability for the unlawful processing of your data?
If you believe that a person has processed your medical data in an unlawful manner, you can request the initiation of administrative violation or criminal proceedings according to the Lithuanian Code of Administrative Offences or Criminal Code.
Administrative offence
If a person has unlawfully processed your medical 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 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 medical data has been processed by unlawful means, such as monitoring your healthcare procedures by a secretly installed a camera, 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 it has created for you.
The investigator or prosecutor may decide to start criminal proceedings and in a such 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.