Zasada minimalizacji a zakres wymiany danych ubezpieczeniowych klienta w projekcie rozporządzenia w sprawie ram dostępu do danych finansowych (FIDA)
The principle of data minimization and the scope of insurance customer data sharing under the proposed Regulation on Financial Data Access (FIDA)

Summary/Abstract: The purpose of this article is to critically assess the provisions on the exchange of customer financial data contained in the draft Regulation on the Financial Data Access Framework (FIDA) published by the European Commission on the 28th of June 2023, in the context of the principle of minimalism set out in the GDPR. The author focuses on the potential benefits and risks associated with the exchange of customer information in the insurance market. The article provides a general analysis of the concepts of "open finance," "open banking," and "open insurance", and the principle of data minimization under the GDPR. Since the preparation of the draft is still in its early stages, the article is based on selected positions of market representatives, the European Data Protection Board (EDPB), EU consumer organizations, and other EU legislators. The analyses carried out indicate that the provisions proposed in the FIDA draft may not sufficiently protect insurance market customers, mainly due to interpretative ambiguities contained in the draft. The article also includes de lege ferenda proposals to reduce interpretative doubts about the proposed provisions, and to improve the security of insurance data exchange under the FIDA.

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