The Credibility Crisis MAL64:25 | Page 41

regulatory fines, and reputational damage.
But large companies aren’ t the only ones who are vulnerable. Insurance agents and brokers bear the same legal and financial risks. So, what should you do if someone asks you to disclose information related to a current or former client? Get the client’ s permission in writing, and be specific about what information the client authorizes you to disclose. Keeping the personal information of insurance clients confidential is not only a legal and ethical responsibility, it’ s also good business.
The Role of Data in Risk Management
Data is the lifeblood of the insurance industry. Companies collect extensive information, including policyholders’ medical records, financial histories, and demographic details, to evaluate risk accurately. For example, when underwriting a health insurance policy, an applicant ' s age, pre-existing conditions, and lifestyle habits are analysed to determine the level of coverage and corresponding premiums. Such data-driven risk assessments allow insurers to tailor policies to individual needs, ensuring both affordability and comprehensive coverage.
Furthermore, data analysis is used to forecast future risks. Predictive analytics has revolutionized the industry by enabling insurers to identify patterns in claims and anticipate potential threats. For instance, auto insurers analyze driving records and traffic data to assess the likelihood of accidents. By leveraging this information, they can offer discounts to safe drivers while implementing risk mitigation strategies for higher-risk customers. However, the sheer volume and sensitivity of the data collected bring ethical and legal responsibilities.
Data Privacy and the Legal Framework
The increased reliance on personal data in insurance necessitates robust data protection measures. Laws like Kenya ' s Data Protection Act( DPA) of 2019 set clear guidelines for handling sensitive information, emphasizing the importance

Predictive analytics has revolutionized the industry by enabling insurers to identify patterns in claims and anticipate potential threats. For instance, auto insurers analyze driving records and traffic data to assess the likelihood of accidents. By leveraging this information, they can offer discounts to safe drivers while implementing risk mitigation strategies for higher-risk customers.

of consent, transparency, and data security. These regulations are particularly relevant for insurance agents and brokers, who act as the intermediaries between clients and insurers.
One key provision of the DPA is the requirement for explicit consent before processing personal data. For instance, if an insurance broker wants to use a client ' s financial information for marketing purposes, they must first obtain clear and informed consent. This ensures that individuals retain control over how their data is utilized, thereby fostering trust.
Additionally, the DPA mandates " data protection by default," which means customers must actively opt into marketing or promotional communications. This regulation prevents insurers from overwhelming customers with unsolicited advertisements, creating a more respectful and customer-centric approach.
A practical example of compliance with these laws can be seen during the claims process. When an insurance company collects additional information from third parties, such as medical records or police reports, it must adhere to the same stringent data privacy standards. Transparency about why the data is needed and how it will be used is essential to maintaining customer confidence.
The Role of Trust in Insurance Relationships
Trust is the cornerstone of all successful insurance relationships. Customers expect their personal information to be handled with care and confidentiality. Breaches of this trust, whether through data leaks or misuse of information, can have devastating consequences for both clients and insurance
providers.
Insurance agents and brokers play a pivotal role in building and sustaining this trust. For example, an agent who takes the time to explain data protection measures to a nervous client not only alleviates concerns but also strengthens the professional relationship. Similarly, regularly updating clients on security protocols and offering resources to educate them about data privacy can demonstrate a company ' s commitment to safeguarding personal information.
Consider a scenario where an insurance company is hacked, exposing sensitive customer data. If the company has already established a culture of transparency and communicated its privacy policies effectively, clients are more likely to view the company as a victim of cybercrime rather than as negligent. Conversely, a lack of proactive communication can irreparably damage the company ' s reputation, leading to lost business and legal repercussions.
Trust is the cornerstone of successful relationships in the insurance sector. Nothing will help build trust between agents / brokers and their clients more than showing care and sensitivity around personal, private information. And there is no better way to accomplish that than knowing the legal requirements and how to meet them. Keeping personal client information safe is the right thing to do. It’ s also the law.
Christine Nyandat is a seasoned insurance professional. You can commune with her on this or related issues via mail on: Nyandatc @ yahoo. com.