Insurance Europe recently published its comments on the GDPR, which is the subject of EU trialogue discussions. While it recognises the importance of pan-European effective data protection regulation, it urged caution to ensure the GDPR does not have unintended consequences for the insurance industry and consumers.
It commented on specific provisions of the draft GDPR such as the provisions regarding the lawfulness of processing, definition and processing of health data, the right to erasure, profiling and transmission of data between group companies. In relation to the lawfulness of processing under Articles 6 & 7, Insurance Europe noted its support for the inclusion of fraud prevention as a “legitimate interest,” giving insurers a legal basis for processes designed to tackle insurance fraud. It also recommended that any right to withdraw consent should be qualified to permit data processing where it is necessary for contract performance, compliance with a legal obligation, or for legitimate interests. It is opposed to a blanket ban on the ability to consent to processing of personal data of third persons.
A link to the Insurance Europe publication is here.