Legal Foundations of Fraud Registers in Personal Injury Law

Fraud registers in personal injury cases are based on various statutory provisions, including the Medical Examinations Act (Wet op de bijzondere medische verrichtingen), the GDPR (Articles 6 and 9) and the Anti-Fraud Act (Wet fraudebestrijding). The GDPR requires a legal basis for data processing, such as the legitimate interest of insurers. CIEL operates under covenants between NVVK and other parties, with strict privacy rules. Inclusion requires at least a reasonable suspicion of fraud, such as inconsistencies in medical reports or repeated claims within a short period. Evidence must be proportionate; mere suspicion is insufficient. Judicial decisions, such as those of the District Court of Rotterdam, emphasise that registers may not justify automatic claim rejection without hearing and opportunity to be heard. The Bibob Act provides additional instruments for risk signalling. For affected parties, the right to be forgotten applies after 5 years, unless otherwise provided. Non-compliance may lead to fines of up to 20 million euros. Understanding these foundations helps in navigating claims and avoiding legal pitfalls in personal injury procedures. (202 words)