With the Code of Conduct, the Insurers’ Association intended to give substance to the aforementioned balancing of interests, also for the benefit of the insured, in particular by including the obligation for insurers to observe the principles of proportionality and subsidiarity. According to the introduction, the Code of Conduct aims to tie in with existing privacy legislation, such as the Personal Data Protection Act and legislation on the (covert) use of cameras. After the insurer acknowledges liability, the injured party’s damages must be mapped out so that they can eventually be translated into a monetary amount. Most of the information about the damage comes from the injured party. Contact Us Letselschade Advocaat Amsterdam Email: contact@letselschadeadvocaatamsterdam.com Phone: +31203695732 Zekeringstraat 17A Amsterdam, Noord Holland, NL 1014 BM In doing so, the invasion of the injured party’s privacy must not be disproportionate in relation to the purpose of the intended processing of personal data. Besides, it is more than logical that when fraud is suspected, the insurer needs more information to assess the injured party’s damages. But to what extent does this relate to the injured party’s right to privacy? It is well established that a personal investigation is an intrusive tool and therefore provides an invasion of the injured party’s privacy[3]. ” In the case at issue here, it is a matter of balancing the insured’s interest in respecting his privacy against the insurer’s interest in identifying, preventing, investigating and combating improper use of the right to an insurance benefit (cf. the Code of Conduct, Introduction).If you are accused of a criminal offense or fraud, our lawyers will assist you. Offering incentives for reviews or asking for them selectively can bias the TrustScore, which goes against our guidelines. Verification can help ensure real people are writing the reviews you read on Trustpilot.We regularly assist clients in the criminal case against the perpetrator who caused injuries. Combative lawyers who stand up for your interests, both inside and outside the court. If you suffer damage while carrying out your work, for example because you fall from a scaffold or because of a faulty machine, it is referred to as an industrial accident / accident at work. As a result of such an event, you may experience physical and (intense) emotional reactions. Our firm has extensive experience in settling cases against hospitals and doctors.As indicated earlier, a personal investigation infringes on privacy unless there is a justification for it. Furthermore, the Supreme Court has assessed when observation is allowed. Thereby, the pattern of behaviour of the injured party is very relevant. In short, the proportionality principle requires the insurer to weigh up interests before conducting a personal investigation.