In personal injury cases in Utrecht, sensitive personal and medical data is often shared. The GDPR and medical professional secrecy impose strict rules on insurers regarding what information they may request and how it may be processed.
Medical Data in Personal Injury
Medical information is essential for handling personal injury claims, but this can conflict with privacy rights and the professional secrecy of doctors.
Conflict of Interests
| Victim's Interest | Insurer's Interest |
|---|---|
| Privacy protection | Thorough claim assessment |
| Limited data sharing | Full access for accurate analysis |
| No unnecessary investigations | Exclude fraud and pre-existing conditions |
Medical Authorization in Utrecht
Insurers often request a medical authorization to obtain data from doctors. However, this process has limits.
Limits on Medical Authorization
- Signing a blank authorization is not mandatory
- The authorization can be limited to relevant data
- Data from before the incident: only with clear indications of pre-existing complaints
- Use of information for other purposes is not permitted
Role of the Medical Advisor
A medical advisor of the insurer assesses the medical data and is bound by professional secrecy. Only necessary conclusions may be shared with the claims handler.
GDPR Regulations in Personal Injury
The General Data Protection Regulation (GDPR) sets clear requirements on how personal data is processed in personal injury cases.
Your Rights under the GDPR
| Right | Application in Personal Injury |
|---|---|
| Right of Access | You can request what data the insurer has about you |
| Right to Rectification | Incorrect data can be corrected |
| Right to Erasure | Limited possible in active claims |
| Restriction of Processing | In case of objection to specific use of data |
Social Media and Privacy in Utrecht
Insurers sometimes check victims' social media profiles, raising questions about privacy boundaries.
Permitted and Prohibited Practices
- Public Data: may be viewed, but use is limited
- Friend Requests: not permitted to gain access
- Continuous Monitoring: only with concrete fraud suspicions
- Private Messages: not accessible without consent
Private Investigation in Case of Fraud
In case of fraud suspicions, an insurer in Utrecht may initiate a private investigation, provided it meets strict conditions.
Conditions for Investigation
- Only with clear fraud signals
- Proportional and as a last resort
- Must follow the Private Investigation Code of Conduct
- The person concerned must be informed afterwards
Code of Conduct for Personal Injury Handling
The Code of Conduct for Personal Injury Handling (GBL) contains specific guidelines on privacy and data processing in Utrecht.
Key Rules
- Request only essential information
- Medical data exclusively via a medical advisor
- No disproportionate investigation practices
- Respectful treatment of the victim
Filing a Complaint in Utrecht
In case of violation of your privacy in personal injury cases, you can file a complaint with various authorities.
Relevant Authorities
| Authority | Type of Complaint |
|---|---|
| Dutch Data Protection Authority | Violation of GDPR rules |
| Kifid | Problems with insurers |
| Privacy Foundation | General privacy issues |
| Tribunal | Violation of medical professional secrecy |
Practical Tips for Victims in Utrecht
- Avoid signing an unlimited medical authorization
- Request access to your file with the insurer
- Be cautious with social media, but do not overly limit activities
- Report suspicious practices to the Dutch Data Protection Authority
- Consider a personal injury lawyer in Utrecht with knowledge of privacy legislation
Local Assistance in Utrecht
For legal support, you can go to the Juridisch Loket Utrecht at Catharijnesingel 55. For court cases, the Central Netherlands District Court is located at Vrouwe Justitiaplein 1.