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Jonas Ledendal . Photo

Jonas Ledendal

Senior lecturer

Jonas Ledendal . Photo

An Empirical Investigation of the Right to Explanation Under GDPR in Insurance

Author

  • Jacob Dexe
  • Jonas Ledendal
  • Ulrik Franke

Editor

  • Stefanos Gritzalis
  • Edgar Weippl
  • Gabriele Kotsis
  • A Min Tjoa
  • Ismail Khalil

Summary, in English

The GDPR aims at strengthening the rights of data subjects and to build trust in the digital single market. This is manifested by the introduction of a new principle of transparency. It is, however, not obvious what this means in practice: What kind of answers can be expected to GDPR requests citing the right to “meaningful information”? This is the question addressed in this article. Seven insurance companies, representing 90–95% of the Swedish home insurance market, were asked by consumers to disclose information about how premiums are set. Results are presented first giving descriptive statistics, then characterizing the pricing information given, and lastly describing the procedural information offered by insurers as part of their answers. Overall, several different approaches to answering the request can be discerned, including different uses of examples, lists, descriptions of logic, legal basis as well as data related to the process of answering the requests. Results are analyzed in light of GDPR requirements. A number of potential improvements are identified—at least three responses are likely to fail the undue delay requirement. The article is concluded with a discussion about future work.

Department/s

  • Lund University Centre for Business Law (Swedish abbr: ACLU)
  • Department of Business Law

Publishing year

2020-09-14

Language

English

Pages

125-139

Publication/Series

Trust, Privacy and Security in Digital Business : TrustBus 2020

Volume

12395

Document type

Book chapter

Publisher

Springer

Topic

  • Other Engineering and Technologies
  • Law (excluding Law and Society)

Keywords

  • GDPR
  • trust
  • right to explanation
  • transparency
  • Insurance
  • GDPR
  • Trust
  • Meaningful information
  • Transparency
  • Insurance

Status

Published

Research group

  • Lund University Centre for Business Law (Swedish abbr: ACLU)

ISBN/ISSN/Other

  • ISBN: 978-3-030-58986-8
  • ISBN: 978-3-030-58985-1