Telematics Insurance - Establishing a Data Subject Right to 'Gaming the System' under the GDPR

7 Pages Posted: 21 Feb 2022

See all articles by Freyja van den Boom

Freyja van den Boom

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM); Notre Dame Tech Ethics Lab

Date Written: April 24, 2019

Abstract

Insurers are faced with a lack of consumer trust in whether premiums are established in an objective and fair manner and that claims are adequately dealt with and paid without delay. In trying to balance between consumers interests and business interests there is a risk that insurers will go too far using personal data and increasingly automated decision-making crossing the line between what is still legal and ethical.

The subject of this paper is how far insurers may go with personalizing insurance and pricing, using Big Data and AI without it leading to unacceptable practices including unlawful discrimination. What is argued for here is that insurers under the EU General Data Protection Regulation (GDPR) can be held to provide consumers not only what personal data is being used but also why and how this information contributes to the decision based on factors and the weight placed on them. Despite concerns from insurers that this may lead to consumers changing their behaviour and/or information they provide in order to obtain lower premiums; what is argued for here is that such ‘gaming of the system’ is allowed if this means for consumers to become empowered and incentivized to improve their driving and with that making the roads safer.

Keywords: Big Data, AI, Lawful Discrimination, Black Box Insurance, Fairness, GDPR, Consent

Suggested Citation

van den Boom, Freyja, Telematics Insurance - Establishing a Data Subject Right to 'Gaming the System' under the GDPR (April 24, 2019). Available at SSRN: https://ssrn.com/abstract=3991622 or http://dx.doi.org/10.2139/ssrn.3991622

Freyja Van den Boom (Contact Author)

Bournemouth University - Centre for Intellectual Property Policy & Management (CIPPM) ( email )

89 Holdenhurst Road
Bournemouth
Dorset, BH8 8EB
United Kingdom

Notre Dame Tech Ethics Lab ( email )

Department of Mathematics
Notre Dame, IN 46556
United States

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