The collection and processing of health data upon conclusion of private health insurance contracts in the digital age

Nele Stroobants ()
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Nele Stroobants: KU Leuven: Katholieke Universiteit Leuven

The Geneva Papers on Risk and Insurance - Issues and Practice, 2025, vol. 50, issue 3, No 3, 502-523

Abstract: Abstract This paper focuses on the tension between the duty to disclose, required by insurance contract law, obliging the potential policyholder to disclose all health-related information relevant to the insurer's risk assessment, and the protection of the potential insured’s privacy and personal data. This tension is ever increasing in the digital age as insurers have access to more information sources and more possibilities to process data. The aim of the paper is to determine whether and to what extent legal limits should be placed on the use of new technologies for risk assessment in private health insurance. In doing so, a balance is sought between the interests of the parties involved. These interests consist of the need for access to private health insurance (in particular, of potential insureds with a higher health risk) and the protection of potential insureds’ privacy and personal data on the one hand, and insurers’ need for information to match premiums and conditions of coverage to the insured risk on the other hand.

Keywords: Digitalisation; Risk assessment; Insurance technique; Information asymmetry; Duty to disclose; Privacy and data protection (search for similar items in EconPapers)
Date: 2025
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DOI: 10.1057/s41288-025-00348-1

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