Q&As

Can an insurer refuse to provide internal correspondence and case notes relating to an insurance claim where a subject access request (SAR) is made under the UK GDPR for such information?

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Published on: 14 July 2021
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This Q&A assumes that the organisation that has received the SAR is a ‘controller’ of the relevant data.

For an introduction to the United Kingdom General data protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, including key data protection terms and concepts, such as ‘personal data’, 'processing', 'data subject' and ‘controller’, see: Data protection toolkit.

As further explained in Practice Notes: The UK GDPR and DPA 2018 for insurers and Data subject rights—access, Article 15 of the UK GDPR gives individuals a right to obtain confirmation from a data controller as to whether or not personal data concerning them is being processed, and where it is, access to the personal data and certain further information. A request for such information is commonly known as a ‘subject access request’ (or a 'SAR' or 'DSAR'). In order to assist you with your research into points raised in your question,

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Jurisdiction(s):
United Kingdom
Key definition:
Data protection definition
What does Data protection mean?

In an employment context, this refers to the obligation on an employer to protect the data of its employees and ensure that it complies with the law on how it uses the employees' data.

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