Data profiling and insurance law

목차 (Table of Contents)

• CONTENTS
• Acknowledgements = vii
• Table of Cases = xv
• Table of Legislation = xxiii
• Introduction = 1
• Ⅰ. Scope and Structure of the Book = 1
• Ⅱ. Big Data's Impact on Insurance = 2
• Ⅲ. Information Asymmetries and Principles of Insurance Law = 3
• A. Big Data and Customised Cover = 4
• B. Big Data and the Duty of Good Faith Disclosure = 4
• Ⅳ. Remedies for Insurers' Misuse of Big Data = 6
• Ⅴ. Relationship between Social Change and Legal Principle = 7
• PART Ⅰ BIG DATA'S IMPACT ON THE PROVISION AND REGULATION OF INSURANCE
• 1 Big Data and Predictive Analytics = 11
• Ⅰ. Big Data : Definition and Techniques = 11
• Ⅱ. The Nature, Collection, Sources and Aggregation of Data = 14
• A. Types of Data = 14
• B. Collection of Data : First Party or Third Party = 14
• C. Sources of Data = 15
• Ⅲ. How Big Data is Transforming Insurance Business = 25
• A. Changes in the Way Insurance is Sold and Distributed = 25
• B. Changes in How Risk is Assessed and Priced = 26
• C. Changes in the Nature of the Claims Process / Detection of Fraud = 28
• D. Changes to the Structure and Role of the Market = 29
• Ⅳ. Conclusions = 34
• 2 Regulatory Assessment of the Use of Big Data by Insurers = 36
• Ⅰ. Regulatory Assessment by UK Regulators = 36
• A. CMA's Report on the Commercial Use of Consumer Data 2015 = 36
• B. The FCA's Feedback Statement 2016 = 44
• C. The FCA and ICO's Forum on the Use of Big Data 2016 = 49
• Ⅱ. Regulatory Assessment by EU Regulators = 49
• Ⅲ. Conclusions = 52
• 3 Emerging Themes and Issues = 53
• Ⅰ. Transparency and Privacy Concerns = 53
• A. The Right to Know What Information is Held and to Determine its Accuracy = 53
• B. The Problems of Correlation and Context = 54
• C. The Problem of Opacity = 56
• D. The Problem of Data Minimisation and Repurposing = 57
• E. The Problem of Out-dated Data : A Right to Delete? = 59
• Ⅱ. Information Asymmetries, Adverse Selection and Segmentation of Risk Pools = 60
• A. Information Asymmetry and Adverse Selection = 60
• B. Solidarity-Based and Mutuality-Based Insurance = 62
• C. Regulatory Assessment of Risk Segmentation = 66
• Ⅲ Access to Insurance = 68
• A. Segmentation and Discrimination on the Grounds of Protected Characteristics = 68
• B. Should Insurers be Prohibited from Taking Certain Risk-related Information into Account? = 74
• C. Moral Hazard and the Problem of Data Creep = 82
• D. Segmentation and Price Discrimination = 84
• Ⅳ. Conclusions = 86
• PART Ⅱ BIG DATA AND THE PRINCIPLES OF INSURANCE LAW
• 4 Big Data and the Permissible Constraints on the Scope of Cover = 91
• Ⅰ. Terms of Insurance Contracts = 92
• A. Insurance Conditions = 92
• B. Insurance Warranties = 94
• Ⅱ. General Constraints on Policy Terms = 98
• A. Increase in and Change of Risk : Limits in the Scope of the Initial Cover = 98
• B. Clauses Providing for Variation of Cover = 100
• C. Constraints on Terms Imposed by Financial Services Regulation = 104
• D. The Consumer Rights Act 2015 = 106
• Ⅲ. Constraints in Relation to Specific Classes of Risk = 109
• A. Profiling and Motor Insurance = 109
• B. Profiling and Property Insurance = 118
• Ⅳ. Conclusions = 121
• 5 Good Faith and Duties of Disclosure in Insurance Law = 123
• Ⅰ. Duties of Disclosure in English Contract Law = 124
• Ⅱ. The Good Faith Duty of Disclosure in Insurance Law = 127
• A. Evolution and Rationale of the Duty of Disclosure = 127
• B. Conclusion as to Rationale of the Duty of Disclosure = 141
• Ⅲ. Legislative Reform = 143
• A. The Law Commission's Review and Reports 2006-2014 = 143
• B. CIDRA 2012 : Disclosure in Consumer Insurance = 150
• C. IA 2015 : Disclosure in Non-consumer Insurance = 152
• D. Insurer's Duty of Good Faith after the IA 2015 = 158
• Ⅳ. Conclusions = 164
• PART Ⅲ THE IMPACT OF REGULATORY LAW ON INSURANCE LAW
• 6 Regulatory Constraints on the Collection and Use of Data = 167
• Ⅰ. Financial Services Regulation = 167
• A. PRIN = 169
• B. COBS and ICOBS = 170
• Ⅱ. Regulation of Insurance - The Insurance Distribution Directive = 173
• Ⅲ. Data Protection Regulation = 176
• A. EU Framework = 176
• B. ECHR Framework = 200
• Ⅳ. Conclusions = 202
• 7 Impact of Regulatory Duties on the Content of the Duty of Good Faith = 203
• Ⅰ. Deficiencies in the Good Faith Duty of Disclosure = 204
• Ⅱ. Does the GDPR's Application to Insurers Address the Common Law's Deficiencies? = 207
• A. Articles 13-14 GDPR and the Right to be Informed = 208
• B. Article 22 GDPR and the Right to Disclosure = 210
• Ⅲ. Can the Good Faith Duty of Disclosure Evolve by Analogy with the GDPR? = 212
• Ⅳ. The Evolution of the Common Law Duty of Disclosure on Insurers = 218
• A. Good Faith as an Interpretative Principle = 218
• B. Good Faith and the Development of the Duty of Disclosure = 221
• Ⅴ. Conclusions = 224
• PART Ⅳ REMEDIES
• 8 Remedies for Insurers' Misuse of Data = 229
• Ⅰ. Financial Services Remedies = 229
• A. Damages Actions = 230
• B. Complaints to the FOS = 231
• Ⅱ. Consumer Law Remedies = 233
• Ⅲ. Equality and Anti-Discrimination Remedies = 233
• A. UK Equality Law = 234
• B. Equality Act Remedies = 238
• Ⅳ. Competition Law Remedies = 239
• A. Access to Data as an Essential Input = 241
• B. Competition Issues as a Result of the Use of Algorithms = 243
• C. Market Investigations = 244
• Ⅴ. Data Law Remedies = 244
• A. GDPR, Article 82 = 244
• B. Case Law under s 13 of the DPA 1998 = 245
• Ⅵ. Insurance Law Remedies at Common Law = 248
• A. Damages and the Duty of Disclosure = 248
• B. Damages and a Duty to Take Care = 253
• PART Ⅴ CONCLUSIONS
• 9 Conclusions = 263
• Ⅰ. Summary of the Argument = 263
• Ⅱ. Detailed Conclusions = 264
• A. Impact of Big Data on Duties of Disclosure by Insureds and Insurers = 264
• B. Insurers' Expanded Duty of Disclosure as a Means of Mitigating Incorrect Profiling = 267
• C. Regulatory Consequences : Access to Insurance = 268
• Ⅲ. The Future of Insurance in the Big Data Age = 269
• Index = 271