Have you been placed under observation after reporting a personal injury? An insurer is entitled to investigate a claim, but a personal investigation is not a licence to follow your daily life without limits. The reason for the investigation, the method used, its duration and the processing of the results must each be assessed separately. Ask for the specific suspicion and the investigation report before you respond in substance to isolated footage or conclusions.
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Written by Onur Arslan, attorney at Arslan Advocaten. Do you have questions about your own situation? Get in touch.
When does an investigation become personal?
An insurer may check invoices, have a vehicle inspected and ask questions about the accident. An investigation that focuses on your behaviour or personal circumstances can go further. Think of observation near your home, tracking your movements, looking into your social contacts or systematically combining data about your activities.
The name at the top of the report is not decisive. An investigation presented as a simple fact check can still be intrusive because of the means chosen. Conversely, not every request for a document is a personal investigation. So describe what actually happened: who followed you, what data was collected and over what period?
What rules apply to observation?
The insurer must be able to justify the processing of personal data. Relevant factors include the purpose, the necessity and the balance between the intrusion and the interest being protected. A less intrusive way of resolving an uncertainty must be given serious consideration. Health data also requires special protection.
The former Code of Conduct for Personal Investigations (Gedragscode Persoonlijk Onderzoek) from 2011 was withdrawn with effect from 1 January 2024. That code may therefore not be presented as the current code of conduct without explanation. For an investigation from an earlier period, however, the version in force at the time may remain relevant. The GDPR, applicable legislation and current sector rules do not disappear because the old code has been withdrawn. See the overview of amended self-regulation published by the Dutch Association of Insurers (Verbond van Verzekeraars).
Why isolated observation footage can be misleading
A recording of someone carrying a shopping bag does not in itself show how much that bag weighs, how much pain the activity causes or how long recovery takes afterwards. An outing on a good day does not rule out fluctuating limitations. A doctor may also have specifically advised building up activities gradually.
This does not mean that footage is never incriminating. A specific, repeated activity may be difficult to reconcile with an earlier categorical statement. In that case a verifiable explanation is needed. Always compare the exact statement with the full recording, the date, the duration and the medical context. Do not change your account to make it fit the footage; correct demonstrable errors openly and with evidence.
What can you request?
Ask for the research question, the reason for the investigation and the complete report with the annexes the insurer relies on. Also ask for the relevant recordings and for the context of any selected fragments. A GDPR subject access request covers your personal data and information about the processing; it does not automatically give you every internal document or every confidential passage.
A useful response identifies, for each conclusion, the disputed observation, the missing context and the evidence supporting your own account. Keep medical appointments, diaries and messages that can help date events. Where there is a substantive disagreement about your capacity, have a medical adviser assess what the activity actually signifies.
An unlawful investigation and your damages claim
Whether the investigation was lawful and whether your claim is correct are separate questions. In civil proceedings, an unlawful method does not automatically mean that all evidence obtained is disregarded. The court weighs the circumstances. The Supreme Court of the Netherlands (Hoge Raad) set out this principle in ECLI:NL:HR:2014:942.
An objection must therefore contain more than simply the assertion that you were filmed without consent. Address both the privacy intrusion and the substantive reliability of the evidence. If registration in the External Reference Register (EVR) has also been announced, the grounds for registration and its proportionality must be challenged as well.
Frequently asked questions
May an insurer observe me without prior notice?
The absence of prior notice does not in itself make an investigation lawful or unlawful. The legal basis, the reason, the necessity and the way it was carried out must be assessed. Covert observation can amount to a serious intrusion.
Does playing sport prove that I have no personal injury?
No. The type of activity, its duration, any symptoms afterwards and medical supervision all help determine its significance. A photo of you playing sport does not automatically prove full capacity for work.
Do I have to give another statement?
First ask which specific points require an answer and on which documents they are based. Cooperate carefully with relevant questions and have a statement checked before you sign it.
Can I file a complaint about the investigator?
Depending on the investigator and the complaint, the client who commissioned the investigation, a professional body or the data protection authority may have a role. That does not automatically replace an objection to the insurance decision.
Will my advance payment stop during an investigation?
That does not follow automatically from the start of an investigation. Ask which specific uncertainty is preventing payment and whether the undisputed part can be paid.
Can Arslan review the report?
We can assess the assignment, the data used, the conclusions and the consequences for your claim as a whole. Send us the report, the rejection letter and any registration warning.
Read more about social media as evidence, investigation protocols and requesting an investigation report.
Have Arslan Advocaten assess the personal investigation and its consequences for your personal injury claim.
This page provides general information and is not legal advice about your own situation. No rights can be derived from its content.
