Insurance Company tries to avoid claim by Privacy Infringement

A Case has been reported from Surat where a health Insurance Company 9Go Digit General Insurance) has tried to deny a claim of an insured for the reason that his “Google Time line” did not indicate his presence in the hospital.

It should be appreciated that the Consumer forum of Valsad has however provided relief to the insured.

However, the incident has thrown some questions on how did the insurance company accessed the Google Time line and what was the reliability of the Google Time line.

First of all it was foolish for the Insurance company to have relied on the Google Time line since the person could have simply left the mobile at his residence and not taken it to the hospital.

Secondly it is plausible that the Insurance investigators accessed the mobile of the claimant without consent and extracted the data. This is “Unauthorized Access” to data and an offence under Section 66 of ITA 2000. I suppose the Police would file an appropriate case against the company and proceed against the persons responsible invoking Section 85 of ITA 2000 also.

Naavi

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
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