Datatilsynet, Denmark’s data protection authority, has ruled an insurance company cannot deny a former customer’s lawyer access to observation reports, photos and videos for a possible lawsuit against the company.
The insurer declined disclosing the material for fear of weakening the ability to defend itself in any legal action. Surrendering the material might also prejudice the police’s investigation into a potential serious offence, it argued.
The DPA found the insurance company had not demonstrated “decisive considerations” that the citizen’s right to sight should be denied, noting the right to sight exists to ensure accuracy of information and legality of treatment.
Additionally, Datatilsynet ruled there was no risk the police investigation could be impacted because the insurance company, which it did not name, had already filed a report to the police which included the monitoring material.