Privacy Rights Prevail: Claimant Sets Precedent in Insurance Information Access Dispute

3

The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

The claim originates from an incident in January when the traveler's belongings, including a bag, were stolen during an overseas trip. In response, SCTI requested a standard consent from the policyholder to acquire "any further information reasonably required" for their investigations.

The claimant, however, raised privacy concerns and proposed a modified consent form. His version mandated that SCTI summarize any information they intended to retrieve and secure written consent before sharing it with third parties.

Insisting on his privacy, the claimant also declined to share his phone number, preferring to handle communications through email, which SCTI found insufficient for the investigation process.

The insurer argued that under the terms and conditions agreed upon by the policyholder at the time of purchase, such an authorization was necessary to ensure comprehensive investigations without any limitations. SCTI warned they could not advance the claim unless the policyholder complied with their request.

On the contrary, the claimant contended that his modifications wouldn't hinder SCTI's access but would merely control the flow of his personal data. He asserted it was unreasonable for SCTI to gather information without his explicit acknowledgment, citing concerns over what he termed as "easily breachable" information.

The Australian Financial Complaints Authority (AFCA) sided with the claimant, emphasizing the need to balance the claimant’s privacy with the insurer's requirement for a thorough investigation.

AFCA noted that SCTI’s request was quite broad, lacking specificity about the necessity of each piece of information. The authority pointed out SCTI's failure to demonstrate any substantial prejudice caused by limiting authority over the claimant's information.

"While requesting limited authority/ies from the complainant presents a greater administrative and time burden for the insurer, it has not shown that doing so would inhibit its ability to investigate the claim or is otherwise unworkable or particularly onerous," the ombudsman remarked.

The ombudsman further commented, "In the absence of the insurer providing reasons to the contrary, the complainant is entitled to know the parties to whom information is being provided to and sought from, its scope, and the opportunity to consent to each."

Thus, SCTI cannot delay claim assessments on the grounds of incomplete standard authorization forms, obliging them to provide the claimant with forms that recognize his conditions.

AFCA also determined that while the claimant may continue using email for routine communication, he must supply his phone number or relevant phone records if deemed vital to the investigation. This case underlines the evolving dynamics between privacy rights and corporate processes, as reported by Insurance News.

Published:Monday, 25th Nov 2024
Source: Paige Estritori

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Australian Insurers Falling Behind in Cyber Risk Preparedness

26 Dec 2025: Paige Estritori

Recent findings from the PwC Insurance Banana Skins Survey reveal that Australian insurers are trailing their global counterparts in preparedness for emerging risks, particularly in the realms of cyber threats and artificial intelligence (AI). This lag poses significant challenges as the industry confronts an increasingly complex risk landscape. - read more

Australian General Insurers Report Decade-High Return on Equity

26 Dec 2025: Paige Estritori

Australia's general insurance industry has reported a remarkable 19% return on equity (ROE) for the financial year 2025 (FY25), marking the highest level in a decade. This significant achievement is detailed in the latest Optima Report by actuarial consultancy Finity, which attributes the strong performance to a combination of favorable factors. - read more

Australian Life Insurance Market Set for Steady Growth

26 Dec 2025: Paige Estritori

Australia's life insurance sector is on track for moderate expansion over the next four years, with gross written premiums (GWP) forecasted to increase from $26.2 billion in 2025 to $30.5 billion by 2029. This represents a compound annual growth rate (CAGR) of 3.9%, according to recent analysis by GlobalData. - read more

EQT's Bold Move: A $3.41 Billion Bid for AUB Group

18 Dec 2025: Paige Estritori

In a significant development within the Australian insurance sector, Swedish private equity firm EQT has extended a takeover offer for AUB Group, valuing the insurance broking company at A$5.25 billion (US$3.41 billion). This proposal includes a price of A$45 per share, representing a 25.1% premium over AUB's last closing price. Following an earlier bid of A$43 per share, AUB has granted EQT exclusive access to its financial records for six weeks starting October 8 under a confidentiality agreement. - read more

Suncorp's Strong Financial Performance: $1.49 Billion Profit and Share Buyback

18 Dec 2025: Paige Estritori

Australian insurer Suncorp has reported stronger-than-expected full-year cash earnings of A$1.49 billion for the fiscal year ending June 30, 2025, surpassing the consensus estimate of A$1.47 billion. Statutory profit surged 52% to A$1.82 billion due to one-off gains from the sale of its banking operations. The company, now solely a general insurer, benefited from improved insurance margins, higher policy prices, and increased investment returns. - read more

Click for more Insurance News