Profiling and automated decisions concerning consumers in the insurance market and threats to their right to privacy and the right of disposal over their personal data
Profiling and automated decisions concerning consumers in the insurance market and threats to their right to privacy and the right of disposal over their personal data

Summary/Abstract: The innovation of insurance companies’ access to Big Data to collect additional information about the customer or verify the data provided by the customer can bring benefits to both parties, but also gener- ate risks for the consumer. In the article, the author points out that in the business insurance market, profiling and automated decision-making should be distinguished depending on how personal data is used. This is relevant to decision-making by insurance companies in individual cases with regard to consumers without their consent based solely on automated processing, including profiling of their personal data. Within the scope of the analyzed issue, the obligation to provide information to the con- sumer about the fact of subjecting him to personalization treatments using automated data analysis tools was also presented. The consumer’s privacy mechanisms based on providing information to the consumer and obtaining the consumer’s consent are of debatable effectiveness. It seems that the pro- tection of personal data in the current consumer trade should be regulated by public law instruments applied by regulatory bodies at the EU and member state levels.

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