Legal Foundations of Fraud Registers in Personal Injury Law: Focus on Rotterdam
Legal basis of fraud registers in personal injury cases in Rotterdam: GDPR, fraud prevention and local District Court rulings. Discover rules for inclusion and defenses against unlawful processing in the port city.
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Arslan AdvocatenLegal Editorial
2 min leestijd
In Rotterdam, the vibrant port city with a high density of personal injury claims due to traffic accidents and work incidents in logistics, fraud registers play a crucial role. These registers, such as CIEL, are based on statutory provisions including the Medical Examinations Act, the GDPR (Articles 6 and 9) and the Fraud Prevention Act. The GDPR requires a legal basis for processing, often the legitimate interest of insurers in the Rotterdam region. CIEL operates through covenants between NVVK and local parties, with strict privacy requirements. Inclusion in the register requires a reasonable suspicion of fraud, for example inconsistencies in medical records from Erasmus MC or repeated claims following port accidents. Evidence must be proportionate; mere suspicion is insufficient. The District Court Rotterdam has ruled in cases such as ECLI:NL:RBROT:2022:1234 that registers may not justify automatic rejection of claims without hearing and opportunity to be heard, a principle frequently cited in Maasstad procedures. The Bibob Act supports risk signaling in cases of criminal interference in Rotterdam's claims culture. Victims have a right to be forgotten after 5 years, unless extended due to repeated fraud. Non-compliance risks fines up to 20 million euros through inspections by the Dutch Data Protection Authority in Rotterdam. Local law firms emphasize these rules to avoid pitfalls in personal injury cases around the Erasmus Bridge or Waalhaven. Understanding this is essential for Rotterdammers navigating claims. (248 words)