An Empirical Investigation of the Right to Explanation Under GDPR in Insurance

Abstract

The GDPR aims at strengthening the rights of data subjects and to build trust in the digital single market. This is manifested by the introduction of a new principle of transparency. It is, however, not obvious what this means in practice: What kind of answers can be expected to GDPR requests citing the right to “meaningful information”? This is the question addressed in this article. Seven insurance companies, representing 90–95% of the Swedish home insurance market, were asked by consumers to disclose information about how premiums are set. Results are presented first giving descriptive statistics, then characterizing the pricing information given, and lastly describing the procedural information offered by insurers as part of their answers. Overall, several different approaches to answering the request can be discerned, including different uses of examples, lists, descriptions of logic, legal basis as well as data related to the process of answering the requests. Results are analyzed in light of GDPR requirements. A number of potential improvements are identified—at least three responses are likely to fail the undue delay requirement. The article is concluded with a discussion about future work.