8E + Flashcards

(37 cards)

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?

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?

21
Q

Max cost of right of access for copies?

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?

25
Where are ABI confidentiality guidelines?
In its Code of Practice
26
Who is responsible for ensuring the confidentiality of medical information?
CEO and CMO
27
Which members of staff do ABI confidentiality guidelines apply to?
All staff, including self-temployed
28
Who should medical reports be addressed to?
CMO
29
Who can open medical reports?
CMO
30
On what basis does the Mental Capacity Act assess capacity?
Decision and time specific
31
Who can authorise treatment or make a claim on someone's behalf (under mental capacity act)?
Attorney, IMCA or public Guardian
32
What is the purpose of Consumer Insurance (Disclosure and Representations Act 2012)
Deals with questions of utmost good faith and disclosure
33
Honest and reasonable misrepresentation remedy
Insurer must pay the claim
34
Careless misrepresentation remedy
Based on what insurer would've done had the question been answered accurately
35
What happens if the insurer would've charged a higher premium for something that was not disclosed?
They will pay a proportion of the claims
36
Deliberate or reckless misrepresentation remedy
Treat the policy as though it never existed and decline all claims – may retain all premiums
37
Which act outlines utmost good faith rules?
Disclosure and Representations Act 2012