May an insurer observe you?
Brief definition: Yes, insurers may use surveillance under strict conditions when fraud is suspected. They must comply with the Personal Investigation Code of Conduct of the Dutch Association of Insurers and the GDPR. Unlawful observation can lead to inadmissible evidence and compensation for you.
When may an insurer use surveillance?
Surveillance is only permitted if:
- There is a concrete suspicion of fraud based on facts
- Less intrusive means have been exhausted or are not effective
- The interest of the insurer outweighs your privacy interest
- The investigation is proportionate to the suspicion
- A reasoned decision has been made by authorized personnel
Rules for surveillance investigation
The Code of Conduct Personal Investigation sets strict rules:
Duration and intensity
- Maximum observation period is limited
- Continuous 24-hour surveillance is not permitted
- Intensity must be proportionate to the suspicion
Location restrictions
- Observation in public spaces: permitted
- Observation in private areas: not permitted without consent
- Looking into homes with binoculars/cameras: not permitted
Methods
- Following in public: permitted
- Photographing in public: permitted with restrictions
- Tracking devices without knowledge: not permitted
- Social media research: limited permitted
Your rights during surveillance
- Right to information: After completion, you must be informed of the investigation
- Right to access: You may request the investigation report
- Right to object: You may object to unlawful investigation
- Right to compensation: For unlawful surveillance, you may claim damages
Consequences of unlawful surveillance
If the insurer does not follow the rules:
- Evidence exclusion: Judge may exclude the evidence
- Claim rejection: Rejection of claim based on unlawful evidence may be overturned
- Damages: You may be entitled to compensation for privacy violation
- Complaint to AP: You can file a complaint with the Data Protection Authority
Tips if you are under surveillance
- Document yourself what you observe
- Do not be provoked by the investigator
- Seek legal advice immediately
- Request the investigation file after completion
Frequently asked questions about surveillance by insurers
How do I know if I am being observed?
You usually do not know during the investigation. Afterwards, the insurer must inform you. Signs may include: people who keep appearing, parked cars with occupants, or direct questions about your daily activities.
May an insurer hire a private investigator?
Yes, but the private investigator must also comply with the Code of Conduct and the law. The insurer remains responsible for the investigation methods.
May the insurer post fake friends on social media?
No, creating fake profiles to gather information is not permitted. Research on public profiles is limited permitted.
What can I do about unlawful surveillance?
File an objection with the insurer, file a complaint with Kifid or the Data Protection Authority, and consult a lawyer about claiming damages.
Must the insurer inform me before surveillance?
No, prior notification is not required. This would undermine the investigation. You must be informed afterwards.
Where can I get help with insurer surveillance in Utrecht?
A lawyer specializing in insurance law or privacy law can help you. Contact us for advice in Utrecht.