However, under data protection laws, individuals have the right to object to automated decision-making and request human intervention in decisions that significantly affect them.
In Kenya, data protection is a constitutional right under Article 31( c) and( d) of the 2010 Constitution, which states that every person has the right to privacy, including the right not to have information related to their private affairs unnecessarily disclosed, or the privacy of their communications infringed.
The Data Protection Act, 2019 provides detailed provisions on data privacy, including the Right to Erasure. It applies to all organizations that collect and process personal data, including insurance companies.
Right to Erasure for Insurance Policyholders
Insurance companies collect extensive data from their clients, but they must also comply with data protection regulations. Under Kenya’ s Data Protection Act, 2019, policyholders have the right to request the erasure of their personal data when: the insurer is no longer authorized to retain the data; the data is irrelevant, excessive, or obtained unlawfully; or the original purpose for data collection no longer exists.
However, certain exceptions apply. Insurers may retain personal data if it is needed for: legal compliance, such as regulatory reporting; establishing, exercising, or defending a legal claim; or public interest, scientific, or historical research. How Policyholders Can Request Erasure of Their Data
If you are no longer a client of an insurance company and wish to have your personal data erased, follow these steps:
• Review the insurer’ s privacy policy. This document outlines how your data is collected, stored, and deleted.
• Submit a formal request. Most insurers provide an Erasure Request Form or accept requests via email. Ensure that your request includes: your name and policy number, the specific data you want erased, and the reason for your request( e. g., no longer a client).
• Await confirmation. The insurer is legally required to respond within a reasonable timeframe. If they refuse, they must provide valid reasons.
• Escalate if necessary. If your request is denied without justification, you can escalate the matter to the Office of the Data Protection Commissioner( ODPC).
Why Data Erasure Matters for Policyholders
Data erasure is critical in ensuring:
Privacy Protection: Your sensitive information should not be retained indefinitely after you leave an insurer.
Reduced Risk of Data Breaches: The more data insurers store, the higher the risk of cyberattacks and identity theft.
Regulatory Compliance: Insurers must comply with data protection laws, ensuring ethical data handling.
For policyholders, it is crucial to understand your rights and how insurers handle your data. So read your insurer ' s data privacy policy to ensure you are informed about how your personal data is collected, processed, shared, and retained. As a policyholder, take control of your data by reading your insurer’ s privacy policy.
If you want your personal data erased, most insurers have a request for erasure form that allows you to request deletion from their system. Your personal data is valuable- stay informed, exercise your rights, and ensure that you are educated on how your insurers handle your information responsibly.
Christine Nyandat is a seasoned insurance professional. You can commune with her on this or related issues via mail on: Nyandatc @ yahoo. com.