University of Sydney: Is Your Insurance Company Watching You Online and Is It Legal?
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Consumers leave a digital trace that can be used by insurers
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New research by Dr
The insurance industry will soon benefit from technological advancements, such as developments in Artificial Intelligence ('AI') and Big Data. These tools promise cost reduction, the creation of innovative products, and the potential to offer more efficient and tailored services to consumers. However, these new opportunities are mirrored by new legal and regulatory challenges.
What if insurers are using your TV watching list to price your car insurance? What if your insurer knows your diet from your online grocery shopping habits or your fitness levels from your wearable fitness tracker?
A new study from Dr
"Insurance firms may be using our data collected from a variety of sources - social media, customer loyalty programs or online shopping - to set prices of insurance products and we have no real control over how our data is then used, processed, aggregated and combined," said
"Protections in our current privacy and data protection law are very limited in practice, and insurance law does not help either,"
The researchers argue that policymakers and regulators should act now to prevent consumer harm before insurers invest in services, software and strategies around big data and AI, and become resistant to subsequent regulation.
Challenges for data protection law
Published in Computer Law & Security Review, a leading international journal in the field of technology and law, the study found:
* AI and Big Data advances mean insurers could potentially collect data from non-traditional sources such as customer loyalty schemes, social media, website browsing history, wearable fitness tracking devices, telematics in cars or transaction history;
* Consumers may not be aware their data could be used to price insurance;
* The 'datafication' of insurer processes may fuel excessive data collection in the context of insurance contracts, generating a substantial risk of harm to consumers, especially in terms of discrimination, exclusion, and unaffordability of insurance.
"Virtually every 'digital trace' consumers leave can be tracked, and the data extracted may potentially be used for underwriting of contracts,"
"Inferences that can be drawn from data are very wide-reaching and many of us would find them uncomfortable,"
While the Consumer Data Right is advertised as empowering consumers, enabling access to new services and offers, and providing people with choice, convenience and control over their data,
Solutions
The researchers provide an overview of potential solutions, some already explored overseas, that include:
* Prohibition on the use of external data;
* Limitation on the use of data, e.g. to only specific factors;
* Mandating transparency, including explaining the models used;
* Privacy law improvements: higher requirements as to the privacy policies and notices, restriction of collection, disclosure and use of personal information to what can be reasonably expected by consumers (this last point is particularly timely given the ongoing Privacy Act review).
"We propose a concept of 'extrinsic data' - data consumers do not expect to be collected by insurers and used for underwriting. But the issue is even bigger: even if we know insurers are using our data for underwriting, we often don't know how it translates into the risk assessment. And this is why more transparency is needed."
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Original text here: https://www.sydney.edu.au/news-opinion/news/2022/06/21/is-your-insurance-company-watching-you-online-and-is-it-legal-data-privacy.html
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JOURNAL: Computer Law & Security Review https://www.sciencedirect.com/science/article/abs/pii/S0267364922000152?dgcid=author
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