Wyniki badań genetycznych a obowiązek informacyjny w umowie ubezpieczenia na życie
Duty to disclose the results of genetic testing in life insurance

Summary/Abstract: The use of the results of genetic tests of potential or actual insured persons in the insurance activity raises the question about the limits of the obligation to disclose them to the insurer. The limits are, to a large extent, set by the insurer, who may ask for the results of tests conducted before the insurance agreement is concluded, but they are not covered by the obligation to notify the risk after the agree- ment is concluded. In addition, insurer is not allowed to request tests results provided by the potential and actual insured. The Polish legal order, however, does not distinguish between diagnostic and prog- nostic tests, which leads to unjustified, in comparison to foreign legal orders, access to personal data of the potential insured by insurers.Moreover, since the entry into force of the GDPR, the tension between the provisions of the Polish Civil Code, the provisions on personal data protection or finally the public law provisions related to the insur- ance activity, seems to be even greater than before. The two parallel procedures leading to the conclusion of an insurance contract – private law and those related to consent to the processing of personal data – interact and raise many questions about the consequences of the differences and tensions between these two paths. This is particularly evident in the event of differences between the scope of consent to data processing and the information provided by the potential insured at the pre-contractual stage.

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