Compare Life Insurance :: News
SHARE

Share this news item!

Privacy Rights Prevail: Claimant Sets Precedent in Insurance Information Access Dispute

Privacy Rights Prevail: Claimant Sets Precedent in Insurance Information Access Dispute

An intriguing dispute has led Southern Cross Travel Insurance (SCTI) to persist with processing a travel claim even when confronted with a claimant's refusal to allow access to personal information under usual terms.

The claim originates from an incident in January when the traveler's belongings, including a bag, were stolen during an overseas trip. In response, SCTI requested a standard consent from the policyholder to acquire "any further information reasonably required" for their investigations.

The claimant, however, raised privacy concerns and proposed a modified consent form. His version mandated that SCTI summarize any information they intended to retrieve and secure written consent before sharing it with third parties.

Insisting on his privacy, the claimant also declined to share his phone number, preferring to handle communications through email, which SCTI found insufficient for the investigation process.

The insurer argued that under the terms and conditions agreed upon by the policyholder at the time of purchase, such an authorization was necessary to ensure comprehensive investigations without any limitations. SCTI warned they could not advance the claim unless the policyholder complied with their request.

On the contrary, the claimant contended that his modifications wouldn't hinder SCTI's access but would merely control the flow of his personal data. He asserted it was unreasonable for SCTI to gather information without his explicit acknowledgment, citing concerns over what he termed as "easily breachable" information.

The Australian Financial Complaints Authority (AFCA) sided with the claimant, emphasizing the need to balance the claimant’s privacy with the insurer's requirement for a thorough investigation.

AFCA noted that SCTI’s request was quite broad, lacking specificity about the necessity of each piece of information. The authority pointed out SCTI's failure to demonstrate any substantial prejudice caused by limiting authority over the claimant's information.

"While requesting limited authority/ies from the complainant presents a greater administrative and time burden for the insurer, it has not shown that doing so would inhibit its ability to investigate the claim or is otherwise unworkable or particularly onerous," the ombudsman remarked.

The ombudsman further commented, "In the absence of the insurer providing reasons to the contrary, the complainant is entitled to know the parties to whom information is being provided to and sought from, its scope, and the opportunity to consent to each."

Thus, SCTI cannot delay claim assessments on the grounds of incomplete standard authorization forms, obliging them to provide the claimant with forms that recognize his conditions.

AFCA also determined that while the claimant may continue using email for routine communication, he must supply his phone number or relevant phone records if deemed vital to the investigation. This case underlines the evolving dynamics between privacy rights and corporate processes, as reported by Insurance News.

Published:Monday, 25th Nov 2024
Source: Paige Estritori

Share this news item:

Insurance News

WFI Insurance and Rural Aid Join Forces to Assist Farmers in Crisis WFI Insurance and Rural Aid Join Forces to Assist Farmers in Crisis
02 Feb 2026: Paige Estritori

In a significant move to bolster support for Australia's agricultural sector, WFI Insurance has announced a formal partnership with Rural Aid, a leading rural relief charity. This collaboration is set to provide much-needed assistance to farmers and rural communities affected by recent natural disasters, including the devastating bushfires in Victoria and severe weather events in Queensland. - read more
Elders Insurance Warns Farmers of Escalating Summer Storm Threats Elders Insurance Warns Farmers of Escalating Summer Storm Threats
02 Feb 2026: Paige Estritori

As the Australian summer approaches, Elders Insurance is calling on farmers to brace for an anticipated increase in storm-related damages. Recent claims data reveals a concerning trend, with summer months accounting for nearly half of all storm-related farm insurance property claims over the past two years. - read more
AFCA Observes Significant Increase in General Insurance Complaints AFCA Observes Significant Increase in General Insurance Complaints
01 Feb 2026: Paige Estritori

The Australian Financial Complaints Authority (AFCA) has reported a 17% increase in general insurance complaints for the year ending June 30, 2025, totalling 34,231 cases. This uptick is primarily attributed to issues surrounding add-on covers and delays in motor vehicle insurance claims. - read more
APRA's Findings: Stability in PI Claims and Decreasing Premiums APRA's Findings: Stability in PI Claims and Decreasing Premiums
01 Feb 2026: Paige Estritori

The Australian Prudential Regulation Authority (APRA) has released its latest National Claims and Policies Database, providing valuable insights into the professional indemnity (PI) insurance sector for the 2022 underwriting year. The data indicates that PI claims payments for non-facility business remained relatively stable at $1.111 billion, a slight increase from $1.109 billion in the previous year. - read more


Life Insurance Articles

Life Insurance and Estate Planning: What You Need to Know Life Insurance and Estate Planning: What You Need to Know
Life insurance and estate planning are critical components of financial security. They ensure that your loved ones are protected financially when you are no longer around. By understanding these tools, you can take significant steps to secure your family's future. - read more
The Importance of Comparing Health Insurance Extras for Maximum Savings The Importance of Comparing Health Insurance Extras for Maximum Savings
Health insurance is more than just a precautionary measure; it's a vital component in managing both your health and financial well-being. In Australia, where healthcare costs can quickly escalate, health insurance extras serve as a buffer, ensuring that services like dental, optical, and physiotherapy remain within reach. These extras can significantly reduce the out-of-pocket expenses you might otherwise encounter for non-hospital treatments. - read more
Life Insurance Comparison: Key Questions to Ask Your Insurer Life Insurance Comparison: Key Questions to Ask Your Insurer
Life insurance is a crucial consideration for middle-aged to older Australians. It provides financial security for your loved ones in the unfortunate event of your death. Understanding the various options available is vital to making an informed decision. - read more
Insider Secrets to Finding Cost-Efficient Health Insurance Insider Secrets to Finding Cost-Efficient Health Insurance
Health insurance in Australia is a crucial aspect of ensuring you and your family receive the medical care needed without facing exorbitant costs. The healthcare system, consisting of both public and private sectors, offers various options to suit different needs and budgets. While the public sector (Medicare) provides essential services, private health insurance offers additional benefits such as faster access to services, choice of doctor, and coverage for services not included in Medicare. - read more


Start Here !
life insurance
Apply now for your free Insurance assessment and price comparisons!

Start Here

Life Cover Amount:
Postcode:


All quotes are provided free and without obligation. We respect your privacy.
Knowledgebase
Moral Hazard:
The concept that individuals may take on more risk when they do not bear the full consequences of that risk, often relevant in insurance scenarios.