Private life insurance and Privacy: Case-law dispute as questioning starting-point B. The necessity of necessity and methods of smooth adjustment for companies

Private life insurance and Privacy: Case-law dispute as questioning starting-point B. The necessity of necessity and methods of smooth adjustment for companies
  • 07/03/2018
  • Michalopoulou & Associates

Necessity: an exception that became the rule

As in any case, there are exceptions recognized even on personal data protection. According to the law, personal data may be processed without the consent of the subject, when such process is necessary for the implementation of the contract to which the contracting party is data subject or for taking action at the request of the data subject during the pre-contractual stage.
However, what can an insurance company request in view of necessity? Representing a special aspect of the principle of proportionality, necessity arises only when the means used are totally necessary for fulfilling the cause and executing the contract. In short, there is undoubtedly a need for the provision of medical documents, which may serve as criteria for determining the person’s insurability, the amount of the premium etc.
Instead, a non-medical document, such as a military discharge document, cannot be used as a basis for denying the applicant an insurance service. This is further enhanced by the certainty required at the stage of identifying and determining the risk. The Actuarial Criteria, which play a key role, are consistent and require actual evidence to be the basis for identifying risk as a component of these data. It is not possible, therefore, to calculate the height and extent of the risk of a military discharge document, but only to make theories and hypotheses in a discussion of contingencies, which, however, abstain from the mathematical stability found in the institution of private insurance.

Our law firm’s comment
For all the above reasons, we believe that Decision with no. 1900/2017, issued by the Appellate Court of Athens, as well as the Decision with no. 33/2016 issued by the Hellenic Data Protection Authority wrongfully judged that there was not a violation regarding the life insurance applicant’s personal data. We point out that a change of mind and criterions’ regarding the meaning of necessity on behalf of insurance companies is required. While the world evolves and the actuarial science moves forward, we also have to evolve and find ways to protect health, not only as personal data, but also as everyone’s right to insurance.
We foresee and anticipate that the current status will move in the right direction, especially under the frame of the new Regulation 679/2016 (GDPR), which places the burden of personal data protection to the companies concerned, and threatens them with severe penalties and huge fines in case of non-compliance.
Last, but not least, we recommend that companies which collect and process personal data should conduct educational seminars for their employees in order to fully comply with the new Regulation, while they may also need to amend the contracts concerning data collecting and processing terms. In order for healthcare companies to comply with the new Regulation, certain requirements must be met, such as: on one hand the establishment of new roles and procedures as the Regulation commands, e.g. that of Privacy Officer, Security and Risk Officer and more importantly that of Data Protection Officer, and on the other hand cooperation between the company’s Departments, especially the Customer Service department, the Human Resources department, the Legal Department (for implementing the new legal framework), as well as the IT and Security departments for shaping and protecting the new data bases.

8 Comments

  1. yeezy boost 350
    09/07/2018

    Thanks a lot for providing individuals with remarkably remarkable chance to check tips from this web site. It’s usually very terrific and full of a lot of fun for me personally and my office mates to visit your web site at a minimum 3 times in 7 days to learn the latest stuff you will have. Of course, I’m just certainly impressed concerning the beautiful tricks you serve. Selected 4 tips on this page are completely the very best I’ve had.
    yeezy boost 350 http://youl.ink/yzyv2

  2. yeezy boost
    14/07/2018

    I am glad for writing to make you know of the excellent encounter my princess found browsing the blog. She realized so many details, not to mention what it is like to have an excellent coaching style to get most people clearly fully grasp some tortuous subject matter. You truly exceeded our expected results. Thanks for offering the good, healthy, edifying and also cool tips about that topic to Ethel.
    yeezy boost http://u.to/_jX_Dw

  3. Adidas NMD Runner White Stripes
    16/07/2018

    An interesting dialogue is value comment. I feel that it is best to write more on this topic, it might not be a taboo subject but generally individuals are not enough to talk on such topics. To the next. Cheers

  4. yeezy boost 500
    21/07/2018

    Thank you so much for giving everyone a very nice chance to read critical reviews from here. It’s always so brilliant plus full of amusement for me and my office peers to visit your blog on the least thrice weekly to study the new issues you have got. Not to mention, I’m just at all times impressed with your mind-boggling information served by you. Certain 4 areas in this posting are basically the very best I have had.
    yeezy boost 500 http://www.yeezy-500.us.com

  5. mcphaden
    01/08/2018

    Hello! That is an amazing offering for you. http://bit.ly/2K15K8q

  6. Patagonia
    01/08/2018

    Good day! Here is a good offering for you. http://bit.ly/2JL2AJU

  7. furtdsolinopv
    01/09/2018

    Merely wanna input on few general things, The website design and style is perfect, the content material is really superb. “The enemy is anybody who’s going to get you killed, no matter which side he’s on.” by Joseph Heller.

    http://www.furtdsolinopv.com/

  8. Geraldfluip
    28/09/2018

    Good afternoon.
    Inquiry. I wrote everything in the app, reply to my email. Thank you in advance.

    https://privatlab.com/s/v/BApwl28MZlspwoB0mxMb

Leave a Comment

-->