8E + Flashcards

1
Q

On what basis can insurers treat the disabled less favorably

A

Only if justified on the basis of actuarial or statistical information

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2
Q

What happens if an insurer can’t prove why they’ve treated someone unfairly?

A

Compensate for financial loss/inconveniece

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3
Q

Which type of schemes does the Test Achats not apply to?

A

Group schemes

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4
Q

4 key elements of DPA 2018

A
  1. sensitive data kept confiedential
  2. Restricting access rights
  3. Parental consent age
  4. Enhanced ICO powers
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5
Q

ICO powers

A
  1. Most serious – up to £17.5m or 4%
  2. Criminal proceedings if records altered
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6
Q

What happens to controllers where a processor is involved?

A

They are not relieved of their obligations

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7
Q

Can an online identifier be personal data?

A

Yes, e.g., an IP address

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8
Q

6 data protection principles

A
  1. Lawfulness
  2. Purpose limitation
  3. Data minimisation
  4. Accuracy
  5. Storage limitation
  6. Confidentiality
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9
Q

How to make processing lawful?

A

Firms need to identify a lawful basis

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10
Q

Six lawful bases for processing data

A
  1. Consent
  2. Contract
  3. Legal obligation
  4. Vital interests
  5. Public task
  6. Legitimate interests
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11
Q

8 GDPR rights

A

1, Be informed
2. Access
3. Rectify
4. Erase
5. Restrict processing
6. Data portability
7. Objection
8. Automated decision making an dprofile

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12
Q

SAR abbreviation

A

Subject access request

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13
Q

How long do companies have to respond to SARs?

A

Within one month (can take 2)

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14
Q

How can an individual request rectifiaction?

A

Verbally on in writing

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15
Q

Is the right to erasure absolute?

A

No

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16
Q

Is the right to restrict processing absolute?

A

No

17
Q

Examples of good practice tools

A

Privacy impact assessments and privacy by design

18
Q

What rights to individuals have of access?

A

Only structured information, not unstrucuted files

19
Q

How much does access to health records cost?

A

Generally free of charge

20
Q

Max cost of right of access if computerised?

A

£10

21
Q

Max cost of right of access for copies?

A

£50

22
Q

Exemption of right of access

A

If more likely to cause serious harm

23
Q

What happens if the amount of data requested is disproportionate?

A

This may be illegal

24
Q

How much does it cost for a a patient to request a copy of their corrected medical record?

A

Free

25
Q

Where are ABI confidentiality guidelines?

A

In its Code of Practice

26
Q

Who is responsible for ensuring the confidentiality of medical information?

A

CEO and CMO

27
Q

Which members of staff do ABI confidentiality guidelines apply to?

A

All staff, including self-temployed

28
Q

Who should medical reports be addressed to?

A

CMO

29
Q

Who can open medical reports?

A

CMO

30
Q

On what basis does the Mental Capacity Act assess capacity?

A

Decision and time specific

31
Q

Who can authorise treatment or make a claim on someone’s behalf (under mental capacity act)?

A

Attorney, IMCA or public Guardian

32
Q

What is the purpose of Consumer Insurance (Disclosure and Representations Act 2012)

A

Deals with questions of utmost good faith and disclosure

33
Q

Honest and reasonable misrepresentation remedy

A

Insurer must pay the claim

34
Q

Careless misrepresentation remedy

A

Based on what insurer would’ve done had the question been answered accurately

35
Q

What happens if the insurer would’ve charged a higher premium for something that was not disclosed?

A

They will pay a proportion of the claims

36
Q

Deliberate or reckless misrepresentation remedy

A

Treat the policy as though it never existed and decline all claims – may retain all premiums

37
Q

Which act outlines utmost good faith rules?

A

Disclosure and Representations Act 2012