Personal Data Protection Policy of the Fonds d’insolvabilité en assurance automobile

The “Fonds d’insolvabilité en assurance automobile” (hereinafter the “FIAA”) may collect and process personal data which the protection is subject to Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “GDPR”).

Purposes of processing

The processing of the data collected is necessary by virtue of FIAA’s legal obligations under Law of 16 April 2003 on compulsory insurance against third party motor vehicle liability, as amended (hereinafter the “Law”).

In addition, as part of its activities to compensate injured parties and to recover sums in the context of subrogation in the rights of injured parties, where applicable, FIAA undertakes to ensure the security and confidentiality of the use of the personal data collected, respect for the fundamental rights and freedoms of the persons concerned and compliance with the regulations in force.

Data processed

FIAA only processes the following categories of data when they are strictly necessary for the implementation of the processing as described:

• Personal identification data (e.g. marital status, address, etc);
• Data concerning your economic, financial and family situation;
• Data relating to banking information;
• Data enabling the responsible vehicle to be identified;
• Data relating to the determination or evaluation of damages, such as the nature and seriousness of bodily injuries sustained, material damage sustained, expert reports and investigations, the degree of disability/incapacity, amounts relating to benefits and compensation;
• Medical data that are only used to process a compensation claim;
• Data relating to offences committed and convictions handed down for offences referred to FIAA, which are only used when they are necessary for investigating a claim for compensation submitted by an injured party and also for exercising recourse against the perpetrator, where applicable.

Categories of recipients

Data is only passed on to the various recipients listed below in compliance with the purposes of the processing and when strictly necessary:

• Members of FIAA’s management committee and employees, within the limits of their functions and missions;
• The Commissariat aux Assurances, as the latter and FIAA work closely together and exchange information necessary for FIAA’s missions;
• The Fonds de garantie automobile (hereinafter the “FGA”), as the latter and FIAA collaborate closely within the framework of FIAA’s tasks and, more particularly, for the negotiation and conclusion of agreements in accordance with Directive 2009/103/EC;
• The Bureau luxembourgeois des assureurs contre les accidents d’automobiles as defined by the Law;
• External experts and advisers (such as doctors, legal advisers, experts, etc.) whom FIAA may call upon in the course of its missions;
• The insurance companies concerned or their administrators or liquidators, where applicable in the event of a claim for compensation;
• The equivalent body of FIAA in the home Member State of the insurance undertaking concerned which is the subject of bankruptcy proceedings or winding-up proceedings at the time of a claim for compensation;
• The equivalent body of the FGA in the home Member State of the insurance undertaking concerned;
• Social or supplementary organisations, health professionals, etc;
• Counsel for the injured party;
• Judicial and/or administrative courts and tribunals.

Data transfers

In principle, data is not transferred outside the European Union. However, data may be transferred outside the European Union in very specific cases, such as:

• The injured party who has filed a claim with FIAA resides outside the European Union and, with his or her agreement, it may be necessary to send information relating to his or her compensation file to the doctor appointed by FIAA to carry out the medical examination in the injured party’s place of residence;
• As part of FIAA’s recovery mission, it may need to question an insurer whose head office is outside the European Union.

Data security

FIAA implements appropriate technical and organisational measures to protect personal data and to prevent any destruction, loss, alteration or modification, as well as any unauthorised access or disclosure, whether voluntary or involuntary. In addition, by virtue of the Law, all persons called upon to receive or give information in the context of the missions incumbent on FIAA provided for in article 23-2 of the Law, are bound by professional secrecy, in accordance with the rules and conditions provided for in article 7, paragraph 1, of Law of 7 December 2015 on the insurance sector, as amended.

How long personal data is kept

The data is kept for a period of time appropriate to the purposes for which it was collected, in accordance with FIAA’s missions in the context of compensating the injured party and, where applicable, exercising FIAA’s right of recourse.

In the case of personal injury, however, the retention periods are longer than for material damage alone, due to the possibility of a subsidiary examination of a possible claim linked to the worsening of the injured party’s state of health.

Your rights

Without prejudice to FIAA’s general obligation of professional secrecy as derived from the Law and without prejudice to the limits provided for by GDPR, you have the following rights as a data subject:

• Right of access: you may examine the information collected about you by FIAA without this right of access infringing the rights and freedoms of others;
• Right of rectification: you may ask for the data collected to be corrected if it is inaccurate;
• Right to limit data processing;
• Right to object to the use of data.

If you have any questions about the processing of your personal data by FIAA, or if you wish to exercise your rights, you can contact the Data Protection Officer in writing at FIAA – Délégué à la protection des données – 11, rue Robert Stumper, L-2557 Luxembourg, Grand-Duchy of Luxembourg or by e-mail to: dpo@fiaa.lu

You may also address any complaints to the Commission nationale pour la protection des données, the competent authority for the protection of personal data in the Grand Duchy of Luxembourg, on its website www.cnpd.lu or in writing at the following address:

Commission nationale pour la protection des données
Service des réclamations
15, Boulevard du Jazz
L-4370 Belvaux

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