Credit-Based Insurance Scores: some Observations in the Light of the European General Data Protection Regulation

  • María Dolores Mas Badia Universidad de Valencia
DOI: https://doi.org/10.18543/ced-62-2020pp155-186
Keywords: insurance law, personal data protection, GDPR, Credit-based insurance scores, discrimination

Abstract

Despite the differences between credit risk and insurance risk, in many countries large insurance companies include credit history amongst the information to be taken into account when assigning consumers to risk pools and deciding whether or not to offer them an auto or homeowner insurance policy, or to determine the premium that they should pay. In this study, I will try to establish some conclusions concerning the requirements and limits that the use of credit history data by insurers in the European Union should be subject to. In order to do this, I shall focus my attention primarily on Regulation (EU) 2016/679. This regulation, that came into force on 24 May 2018, not only forms the backbone of personal data protection in the EU, but is also set to become a model for regulation beyond the borders of the Union. This article will concentrate on two main aspects: the lawful basis for the processing of credit history data by insurers, and the rules that should apply to decisions based solely on automated processing, including profiling.

Received: 30 December 2019
Accepted: 07 February 2020
Published online: 02 April 2020

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Author Biography

María Dolores Mas Badia, Universidad de Valencia
Senior Lecturer in Civil Law at the University of Valencia. Author of four monographs and more than seventy articles and collaborations in collective books in prestigious journals and publications on subjects related to civil law (contract law, housing, insurance contracts, data protection, matrimonial property regimes, Valencian civil law, leases, agrarian law, property, inheritance, mediation, etc.). Throughout her career as a researcher, she has taken part in numerous research projects; she is currently co-principal investigator in one of them: «Insurance Law in the welfare society of the twentieth century: The person as a central element», subsidized by the Ministry of Science, Innovation and Universities (RTI2018-097087-B-100). As a specialist of recognised prestige, she is a member of the Valencian Government’s Advisory Committee on Valencian Civil Law and was awarded the «Savis en Dret» Prize (2012), by the University of Valencia and the Generalitat of Valencia.
Published
2020-04-02
How to Cite
Mas Badia, María Dolores. 2020. “Credit-Based Insurance Scores: Some Observations in the Light of the European General Data Protection Regulation”. Deusto Journal of European Studies, no. 62 (April), 155-86. https://doi.org/10.18543/ced-62-2020pp155-186.
Issue
No. 62 (2020)
Section
Articles

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