The regulations concerning automated decision-making procedures, which came into effect on May 1, 2023, set requirements for public administration entities. These requirements also apply to insurance companies insofar as they concern the automated decision-making of statutory insurances.
Statutory insurances include motor insurance, workers’ compensation insurance and patient insurance. For statutory insurances, automated decision-making procedures can be used under certain conditions.
What is automated decision-making?
Automated decision-making means that a human does not participate in the decision-making process; instead, it is resolved through automated data processing.
According to the law, automated decision-making can be used in statutory insurances under the following conditions:
- The matter does not involve case-specific discretion.
- The matter involves case-specific discretion, but the handler has assessed the discretionary aspects before making the decision.
- The automated decision must be based on pre-established rules.
If automation is only partially used in the decision-making process, meaning a human is involved, it is not considered automated decision-making as defined by law.
If uses automated decision-making in certain matters related to motor insurance, workers’ compensation insurance, and patient insurance.
Informing and implementation decisions
As a result of the new legislation, If will inform about automated decision-making in the decision notice and publish implementation decisions of automated decision-making processes on If’s website.
The implementation decisions will clarify, among other things, the laws under which automated decision-making is applied.