Propunere de lege ferenda privind prelucrarea datelor cu caracter personal ale beneficiarului unui contract de asigurare de viaţă
De Lege Ferenda Proposal on the Processing of Personal Data of the Beneficiary of a Life Insurance Policy
Author(s): Silviu Dorin ŞchiopuSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: life insurance policy; beneficiary; personal data processing; informing the beneficiary of the insurance; limits;
Summary/Abstract: In a personal insurance policy, the insured risk may consist in the death of the insurant, situation in which the insurer commits to pay the insurance indemnity to the beneficiary designated by the insurant. If a beneficiary has not been appointed, the insurance indemnity enters the estate, returning to the heirs of the insured. Thus, in the case of life insurance contracts which provide for payment of benefits only in the event of death, if a beneficiary was appointed, the insurer will process not only the personal data of the insured person, but also those of the insurance beneficiary. The latter are data that have not been obtained from the data subject, aspect that falls within the scope of article 14 from the General Data Protection Regulation. As the notification of the beneficiary regarding the stipulation made in his favour is essential for the beneficiary to be able to enjoy the indemnity claim under the insurance contract, this short study analyses the effectiveness of the means by which the beneficiary can become aware of the stipulation made in his favour, both from the perspective of Regulation (EU) 2016/679, as well as from the need to regulate an expressis verbis obligation of the insurer to inform the data subject (the beneficiary) about the existence and content of the insurance policy.
Journal: Revista română pentru protecţia şi securitatea datelor cu caracter personal
- Issue Year: 2020
- Issue No: 02
- Page Range: 90-96
- Page Count: 7
- Language: Romanian
- Content File-PDF