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The Regulation on Collection, Storage and Sharing of insurance Data is Published in The Official Gazette of Türkiye
The Regulation on Collection, Storage and Sharing of insurance Data is Published in The Official Gazette of Türkiye.
Insurance contracts now include all valuable information for risk assessment that belongs to the party, beneficiary insured, and other third parties within the scope of insurance data, thanks to the relevant regulation published in the Official Gazette on October 18, 2022.
Within the scope of the regulation, all private legal entities engaged in insurance activities are obliged to become a member of the Insurance Information and Monitoring Center, keep the general database up to date, and share this data with the Insurance Information and Monitoring Center free of charge.
Real and legal persons engaged in insurance activities with the regulation have been made obligatory to share data such as production, damage, unfair insurance practices, and arbitration system data simultaneously with the Insurance and Private Pension Regulation and Supervision Agency (institution). Per the regulation, it is also possible to leave data sharing, which may also be paid, to other persons engaged in insurance activities to the institution’s approval. The Authority is also tasked with determining the procedures and principles, including preparing the relevant protocols, while approving.
Among the arrangements made with the regulation, the issue of obtaining the institution’s approval in sharing the data with authorized persons were also mentioned. The purpose for which the insurance data of those engaged in insurance activities will be used within the scope of the regulation is also listed in Article 15 of the limited number of regulations regulated in the “Use of Insurance Data” section.
It has been stated that one of the purposes of using the relevant data in the activities of the institution is to establish a settlement platform for mutual recourse receivables of member institutions. This stated purpose draws attention as a functional innovation in insurance activities. Within the scope of responsibility, member organizations and authorized users are obliged to share healthy data with the institution, create the necessary infrastructure, adapt to the changes, and share all kinds of information and documents requested with the institution. The member institution is obliged to share the data correctly, accurately, consistently and promptly. The institution will also have the right of recourse to the member institutions.
However, the institution must pay compensation for not fulfilling these obligations. In case of data sharing where explicit consent or approval is sought, the member institution that makes the relevant data exchange, the authorized user and the other institution that is the addressee of the data owner are responsible for this approval and the obligation to clarify.
Another remarkable development in the regulation is that the data owner can forward information requests or requests to change data to the institution. In the processing activities carried out within the scope of the regulation, it is obligatory to act under the Personal Data Protection Law numbered 6698 and the relevant legislation.
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