Privacy and compensation for UWV errors

Questioner

A government agency sent me mail with a decision on an objection. Their site clearly states privacy and that information will never be sent to a third party without permission. In the decision I received, I would also find my report with why the final decision was made. But instead of my report, I received someone else's report, with contact details, bank information, criminal and psychiatric past and more. I assume that in that case, someone else will have received my information. This seems to me a very big mistake on their part, and I myself am struggling with multiple psychological problems, which have currently worsened due to the tensions about this, which means that I need extra care and short admissions to calm down again. Due to a big mistake on their part, I have psychological problems again, I cannot live alone for a while, I have extra travel costs, telephone costs, and other additional costs. Am I then entitled to compensation from UWV? Or can they simply violate the privacy of probably multiple people, and am I then also responsible for the psychological and financial damage that their mistake has caused?

Lawyer

Violating your privacy is not permissible, according to article 49 of the Personal Data Protection Act. However, it is not certain that your file has been sent to someone else. The fact that you have received a file from another person is not correct, but that does not mean that your file has not been sent correctly either. Therefore, there is no basis for liability.

Questioner

Thank you for this answer. Since they made the mistake at least once, which indicates that it happened once anyway, given the wrong papers I received. Isn't it up to them to provide me with proof that my data did not end up with someone else? Since I don't think it's far-fetched that 2 copies of envelope could have been switched. Otherwise it seems to me that they themselves would have seen a mistake if my report remained and my envelope had already been sent. In addition, if I send incorrect information to the UWV, my benefits will be stopped, and I will therefore pay the price, and now that they have made a mistake, I will in principle pay the price again, anyway because filing the complaint by telephone is a paid number in addition to my mobile call costs, and I had to incur additional costs due to what the stress has done to me, since I am at the UWV for multiple psychological complaints. Can't compensation for pain and suffering or something like that be eligible in such situations? I find it strange that no matter which party made the mistake, I end up with extra charges and costs, and pay by withholding my benefits, for example, and there are no further consequences for them.

Lawyer

Non-pecuniary damages are demonstrable psychological damages. In your case, it is advisable that you inform the UWV of this in writing and that you will calculate costs for this 'damage item'. Incorrectly sending someone else's data is not correct.