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

3

⚠️The information on this website is general in nature and does not take into account your objectives, financial situation, or needs. Consider seeking personal advice from a licensed adviser before acting on any information.

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

Please Note: If this information affects you, seek advice from a licensed professional.

Share this news item:

Insurance News

Clear

Learning from Near Misses: Enhancing Farm Safety in Australia

18 Feb 2026: Paige Estritori

In July 2025, Farmsafe Australia launched the 'Second Chances - Who Knows How Many You'll Get' campaign, aiming to transform near misses on farms into learning opportunities to prevent future accidents. This initiative underscores the critical importance of recognising and addressing close calls in agricultural settings. - read more

WFI's 2025 Farm Accident Insights: A Call for Enhanced Safety Measures

18 Feb 2026: Paige Estritori

In October 2025, WFI Insurance unveiled its annual farm accident insights as part of Farmsafe Australia's 2025 Safer Farms Report. The findings paint a stark picture of the challenges facing Australian agriculture, with 2024 recording 72 farm-related deaths-the highest in over two decades. - read more

ASIC Highlights Deficiencies in Insurers' Complaint Handling Practices

18 Feb 2026: Paige Estritori

The Australian Securities and Investments Commission (ASIC) has recently conducted a comprehensive review of insurers' complaint handling processes, uncovering significant deficiencies that fail to meet regulatory obligations. The findings indicate that insurers are not adequately identifying and addressing customer complaints, with one in six complaints going unrecognized. Additionally, systemic issues are often overlooked, communication timeframes are missed, and existing systems fail to record outcomes such as compensation payments. - read more

Forecast: Continued Decline in Australian Commercial Insurance Rates Through 2026

18 Feb 2026: Paige Estritori

Following a significant 12% decline in commercial insurance rates during the fourth quarter of 2025, industry experts anticipate that this downward trend will persist throughout 2026. The Australia-Pacific region has been at the forefront of this global decrease, with the recent drop marking the steepest since early 2024. - read more

Insuregroup's Remarkable Growth Reflects Surge in Truck Insurance Demand

17 Feb 2026: Paige Estritori

Insuregroup, a specialist insurance brokerage serving Australia's transport and logistics sector, has recently announced a significant milestone: processing over 10,000 insurance policies since its inception, with a 25% increase in policy volume over the past year. This growth underscores the escalating demand for comprehensive truck insurance solutions tailored to the unique needs of Australian freight operators. - read more

Click for more Insurance News