Skip to main content
European Insurance and Occupational Pensions Authority



Question ID: 3018

Regulation Reference: (EU) No 2009/138 - Solvency II Directive (Insurance and Reinsurance)

Topic: Other

Status: Rejected

Date of submission: 27 Feb 2024


Is it legal that an EU insurance company request the insured his or her criminal conviction records to offer or renew a home insurance policy?


Background of the question

I do not really know which legal act or article or template to use for this question, I apologise for that. I would like to know which are the EU legal basis that home insurance companies in Ireland have to ask for criminal conviction records in order to offer or renew home insurance policies.

EIOPA answer

After a thorough assessment of your question, we have decided to reject it as it does not concern a matter of practical application of the IDD.

Your question concerns the practices of insurance undertakings in relation to underwriting insurance risks, which they determine themselves within the framework of applicable regulatory requirements under national law, and the question also concerns special categories of personal data under the General Data Protection Regulation (GDPR), which is outside EIOPA’s remit.