Thoughts on data processing of health data in connection with insurance contract in the light of the civil law

Abstract

The European Union's general data protection regulation ensures a high level of protection of personal data, including a special category of personal data. From the origin, statistics have played a key role in the insurance business, based on which insurers develop their risk management mechanisms. The study aims to examine the rules on automated decision-making based on profiling concerning health data by insurers and to highlight the controversial issues that arise in this context, as well as to suggest solutions to the polemic. Nevertheless, the study’s thought is permeated by the question of how data protection requirements interact with the spirit of private law.