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Freyja van den Boom “Telematics insurance and the duty of data portability”

Wednesday 7 November 2018, 14:00 – Room CG13 (Christchurch House)

Telematics insurance is an example of the impact of Big Data on Insurance practices, where through a telematics device, vehicles record user data for more accurate risk assessments and monitoring. As vehicles get more and more connected, this data can be exchanged between the vehicle and the OEM, other road users, suppliers and third parties. Both Vehicle data processing and V2X communications causes legal challenges and uncertainty with respect to data protection and innovation. The topic of this paper is one such issue relevant for insurance namely article 20 of the General Data Protection Directive (GDPR) the right to data portability in the context of the duty to disclose information. With more data being collected and made available to insurers by other means than provided directly and knowingly by the consumer, how does this influence the underlying assumption of information asymmetry and subsequently the doctrine of utmost good faith that aims to alleviate this asymmetry by proposing a duty on the insured to disclose material facts to the insurer? To what extent does the availability and access to personal telematics data influence the duty of reasonable care to avoid misrepresentation in UK consumer insurance contracts?

The seminar is part of the InfoSoc Research Seminar Series of the Law Department

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Freyja van den Boom is PhD Candidate at CIPPM, Bournemouth University