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 Insurance Talk V7!, Your one stop Insurance Discussion

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hafizmamak85
post Jun 14 2024, 03:00 PM

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QUOTE(hafizmamak85 @ Jun 14 2024, 02:59 PM)
The law makes it clear that one must be given the option to opt out of sharing personal data information with affiliates/partners where it is strictly not necessary for the provision of the insurance policy benefits
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In other words, provision of insurance policy benefits cannot be tied with marketing propositions which require sharing of personal data information

This post has been edited by hafizmamak85: Jun 14 2024, 03:04 PM
hafizmamak85
post Jun 14 2024, 03:21 PM

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QUOTE(MUM @ Jun 14 2024, 03:08 PM)
If you looked at that HSBC published terms....
"The bank think may interest the customer ...."

Thus, i believes, "If one don't liked what the bank thinks, .... don't let them do the thinking for you by not joining it"
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The law, as in BNM's policy, does not operate that way. This is what BNM's policy explicitly states:

Voluntary
- The financial institution must not, as a condition of providing a financial product/service, compel or coerce a customer to give consent for the disclosure of his/her information to third parties beyond what is necessary for the provision of the financial product/service or the performance of the contract with the customer. The financial institution is prohibited from obtaining a customer’s consent by asking the customer to indicate consent to a statement or term that combines agreement to the disclosure of his/her information with other matters in a single statement of consent

This condition only affects the disclosure of customer information for purposes that are based on customers’ consent. The FI must allow customers to withdraw or revoke their consent without terminating the
product/service unless the disclosure of customer information is necessary for the FI to comply with any legal requirements or contractual obligations In other words, the withdrawal of consent for the disclosure of customer information would not affect performance of the contract by the FI.


This post has been edited by hafizmamak85: Jun 14 2024, 03:29 PM
hafizmamak85
post Jun 14 2024, 03:33 PM

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QUOTE(MUM @ Jun 14 2024, 03:29 PM)
If the law does not allowed other than what you described above

......did that law prohibits the consumers or participated persons to exit it or lodge a complaint to the authorities if or when the consumers felt their rights had not been accorded under the PDPA?
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This is parallel to PDPA but not under PDPA per se. The law does not prohibit the consumer/participating from exiting. Rather the law informs and gives weight to those rights. You have every right to lodge a complaint to auhorities

This is under BNM's Management of Customer Information and Permitted Disclosures

This post has been edited by hafizmamak85: Jun 14 2024, 03:36 PM
hafizmamak85
post Jun 14 2024, 03:40 PM

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QUOTE(MUM @ Jun 14 2024, 03:35 PM)
I think it is hard to hv a case, for once a person had sign to acknowledge that he "had read and understand" the contents in the document prior to joining it.
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This is not true. This is in line with advancement of data protection as well as in this specific instance, protection of the core contractual obligations in a financial consumer contract scenario. Otherwise we will have a dance monkey dance for provision of financial consumer services scenario
hafizmamak85
post Jun 14 2024, 03:53 PM

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QUOTE(MUM @ Jun 14 2024, 03:47 PM)
Then since you think you are right. what are you gonna do??
I belief,
Highlighting, complaining or making grievances here, will not yield much results on the info you wanted to convey or changes to the policy you wish to see .

Why i believed that?
Perhaps I belief many does not care about what you believed to be true and right and perhaps needed to be changed.
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The purpose of this thread is to inform and be informed. I've played my role in informing. I can only show the horse where the water is, can't make it drink it. It is up to the readers to decide whether there is value or not and whether and how to act on it

This post has been edited by hafizmamak85: Jun 14 2024, 03:54 PM
hafizmamak85
post Jun 14 2024, 04:03 PM

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QUOTE(MUM @ Jun 14 2024, 03:56 PM)
Yes, you can keep on postings,...
No issue to me...

Just that what do you wish to see changed from your postings?
If it is just for self satisfaction, ....keep on postings.
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Why do you post, MUM? I've already told you my purpose. Change is desired, welcome, but it is not something I can do. It is up to the individual reading it

This post has been edited by hafizmamak85: Jun 14 2024, 04:10 PM
hafizmamak85
post Jun 14 2024, 04:24 PM

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QUOTE(MUM @ Jun 14 2024, 04:18 PM)
But as can be seen from my earlier postings....
I believed that once I signed and accepted the pdpa document and if I still liked to participate and join the product of the company under their TnC...
I has agreed and accepted it.

But you on other hand, believed that you right and  can change the system.

Good luck to your endeavour for chance, but I think you may hv better chance else where.

I still believe not many has your kind of thinkings. Hope my beliefs are wrong.
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You keep saying my belief, my belief. This is not just my belief. It is what the law, via BNM's policies, says.

You are free to believe what you want. That is your choice.
hafizmamak85
post Jun 14 2024, 06:19 PM

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QUOTE(adele123 @ Jun 14 2024, 05:17 PM)
The components are clearly separable. The payment of RM10 per month is for the vitality fees. this RM10 does not impact the payment of premium of the customer's policy.

The rules are simple. you exercise every week by hitting the requirements set, they give you RM5, this RM5 comes in some voucher. this part has nothing to do with the insurance policy. in fact, i dont have a policy with AIA, since i'm only inside the AIA vitality programme due to my employer covering this cost for me.

there's no gym voucher but there's some gym tie up where if you join as member, they give you some discount. but i dont see much an issue here since i think of it has something like when i eat a restaurant, someone say, if you swipe this bank credit card, you get this free dish or discount.

as for proposition of what combined and muddled proposition, i can only say this. if this proposition does not work, the customers wont buy in, the capitalist nature of a company is, say bye bye to something not profitable or dont make sense.

But in my opinion, there's no muddling. If the customer indeed has Vitality and has a policy, using Ramjade's favourite CI product, actually it comes with cash bonus of up to 20% every year. so i guess one can view this like a premium discount of 20%. if someone is healthy, i think we dont need stats to prove that he/she is less likely to kena critical illness. it's just saying, if you are healthy you get discount. it's just similar to why smoker pay more than non-smoker OR why someone with health condition has to pay a loading. then we can also have healthy discount. for someone like me who actively exercise, i would welcome such extra value for me. of course we can still go back to the topic of why we dont like this product for so and so reason, but for argument sake, let's say i am ok with this product, then the extra "discount" is a reward to me as being healthy and also a motivator as well.

You keep saying treat customer fairly, give the savings for all. i can argue, no, i dont want to pay same price as the smoker. i dont want to pay same price as someone who sits on his bump, slightly overweight and dont' exercise.
^ the above sort of explains it as well.
as for the sharing data part, i will be honest, i'm not an expert on this BNM guideline or anything related to fair treatment to financial consumers. i will naively believe since these guideline exist, someone will ensure the companies are all abiding the guidelines. Like MUM say, that's what the authorities are for right.

AIA Vitality is an innovation. just like that AXA car insurance telematics thing, not sure still going strong or not. if i'm a safe driver, i install this thing for AXA to know i'm a safe driver, they give me discount based on my data due to i drive less or i'm a safe driver, why not? it's product innovation. if customers dont like, they vote with their wallet, dont buy.

just like ipad mini. i recall reading somewhere that steve jobs didnt believe it in. and here we are, we have 5 6 generations of ipad mini. got ppl buy, then apple will sell. if ppl dont buy, apple will stop selling.

but to-date, i have not received any calls from fitness first or anybody related to AIA partners to upsell me gym package or to sell me anything. even when i WAS not fitness first gym member but now i am. because i voluntarily signed up. but i'm not stupid. gosh they have lots of my exercises data, sleep data, my vege buying data...

Yes insurance is profitable business. so is apple selling iphone. so is banking business a profitable business. that's why these big corporation chasing digital banking business. Whatever it is, how is it relevant to the discussion? you run business want to make money right?

i already say, is the business encouraging their customers to be healthy, out of pure altruism? no la, but can it be win-win? i think can. if AIA didnt pass savings consumer (which i think they did), they charge their product expensive, their customer can buy from prudential or GE. market competition is there to keep this balance.

is it perfect? far from it, but i'm sure it can be improved over time like any products out there. there's so much improvement of iphone over the years right?
you cannot say like that. if you say like that, people think you dont care about PDPA or you dont want to discuss fairness issue to customers
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The components are not clearly separable. If you've followed my postings on this topic all the way, I've explained that it is muddled because all insurance policy benefit payments including AIA vitality insurance benefits(cashback, additional insurance coverage, premium reduction etc.) are met from the same insurance fund. RM 10 per month is not how they finance these policy benefits. It would mostly be from the marketing tie-ups, depending on how successful the tie-ups are and from the other non vitality members picking up the slack where the tie-ups fail or don't meet the desired end. There is also no contractual certainty as AIA vitality can change the terms and conditions, points accumulated and all other additional vitality insurance policy benefits accrued as and when they deem it appropriate.

Voucher or discount, call it what you want. AIA vitality has got both vitality insurance policy benefits and other non insurance policy benefits such as the vouchers/discounts etc.

Life insurance is already a cash cow. AIA and all these other champs want to turn it into a bigger cash cow. If you truly wanted to pass the savings to consumer and get a healthy cohort, just include it in the main product design/contract for all. No need to separate it. Like NCD and re underwriting for better health. Even before vitality, you are not paying the same price as smoker. People are underwritten for health. If you want a better underwriting system, no one is stopping the company. Implement it for all. Using the AXA example and slightly changing it to mirror vitality, this is not just telematics for better risk assessment but telematics plus selling of individual customer location data to third parties for money .

It's a dance monkey dance financial contract where the consideration you are "paying" is not premium but the data you sharing for additional insurance and other policy benefits. And the additional insurance policy benefits are not contractually guaranteed. This is really a red flag.

Laws are broken and bent all the time. Including BNM policies. Up to you, the individual consumer, whether to act on it. The choice is yours. I can only inform.

Btw, there is big difference between consumer products like an apple handphone and financial products like a bank account and insurance. Bank account and insurance are akin to utilities for me. The considerations are much more different. So the consumer protection elements have to be much more prominent

This post has been edited by hafizmamak85: Jun 14 2024, 06:38 PM
hafizmamak85
post Jun 14 2024, 08:33 PM

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QUOTE(MUM @ Jun 14 2024, 04:41 PM)
You believe the law will be like that

I believed the law is not the way you see it.

Your choice to believe what you want to believe and you may also continue to believe that you can yield results here.

I don't believed that you can yield much (impactful) results here.
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Wonderful. This is the way it should be. Let the people be the judge as to which interpretation is appropriate
hafizmamak85
post Jun 14 2024, 08:45 PM

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QUOTE(MUM @ Jun 14 2024, 08:40 PM)
Good. Then hopefully can be seen or observed by the number of people taking action against AIA vitality.
Hope fully soon, else I may not live long enough to see it I the media.
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Actually, I don't think policyholders need to do much - well, maybe later, but not now. All it takes is for AIA to notice, issue some clarification. If they believe my interpretation to be wrong, they should be interested in correcting possible misinformation. Unless, it is not misinformation
hafizmamak85
post Jun 14 2024, 09:32 PM

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QUOTE(MUM @ Jun 14 2024, 09:22 PM)
8 yrs I think is more than enough time for its competitors or the authorities or people that think there is an issue to had brought it up already.

Added info
AIA vitality started in 2016, 3 yrs AFTER the Personal Data Protection Act 2010 (PDPA) came into force in Malaysia. It came into force on Nov 2013.
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This is not covered under PDPA per se. This is under the Policy Document on Management of Customer Information and Permitted Disclosure. Which is a new requirement, came into force this year 2024.

Before this there was nothing that said cannot have commingled insurance policy benefit proposition with policyholder personal data sharing arrangements that are not necessary for provision of said policy benefit proposition
hafizmamak85
post Jun 14 2024, 09:43 PM

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QUOTE(lifebalance @ Jun 14 2024, 09:34 PM)
hafizmamak85 if you have some personal beef with AIA or AIA Vitality or it's PDPA whatever nonsense you've been spewing for the last 5 pages. Open your own thread and talk about it.

cherroy
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And if a product is reviewed and given criticism, it is labelled as "personal beef", nonsense. lifebalance it is not PDPA. It is under BNM's MCIPD PD

cherroy where is line drawn for what is acceptable

hafizmamak85
post Jun 14 2024, 09:52 PM

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QUOTE(MUM @ Jun 14 2024, 09:48 PM)
Why now changed topic to GE?
No more about AIA vitality sharing of personal info which you believed was not correct and against law?
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It is not about changing topic. It is an example because you brought up the fact that AIa vitality has been in place for 8 years yet no complaints. And I mentioned the estate as a prominent example of how wrongdoing can be swept under the carpet for a long period without it being mentioned in the public sphere
hafizmamak85
post Jun 14 2024, 10:08 PM

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QUOTE(MUM @ Jun 14 2024, 09:57 PM)
Is there any new specific changes to that requirement that are not practiced before 2016?

Company provides the t&c
Customer read and signed to accept.
If Customer can cancel the agreement later
The company can then refuse to provide that product.
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If you are asking if there were specific BNM policies on consent prior to the MCIPD PD, I don't think so. This particular policy of MCIPD PD on consent is only applicable for consent being obtained from 1 January 2024. It does not apply to broad based and non voluntary consent obtained prior to 2024. So, old policies are exempted from this requirement. This is my understanding.

Slight correction:

The MCIPD also says that exisiting business must be provided option to revoke consent from any data sharing arrangement that is not necessary for the provision of the financial/service product:

The financial institution shall also allow existing customers to withdraw their consents given before the effective date, unless the disclosure of customer information affects the ability of the financial institution to comply with any legal or contractual requirements.

This post has been edited by hafizmamak85: Jun 16 2024, 09:54 PM
hafizmamak85
post Jun 14 2024, 10:16 PM

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QUOTE(hafizmamak85 @ Jun 14 2024, 10:08 PM)
If you are asking if there were specific BNM policies on consent prior to the MCIPD PD, I don't think so. This particular policy of MCIPD PD on consent is only applicable for consent being obtained from 1 January 2024. It does not apply to broad based and non voluntary consent obtained prior to 2024. So, old policies are exempted from this requirement. This is my understanding.
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But, having said that, there is a guideline called "GUIDELINES ON UNFAIR PRACTICES IN
INSURANCE BUSINESS" which prohibits the following conduct:

making or permitting any unfair discrimination between individuals of
the same class and equal expectation of life in the premium rates or
policy fees charged for any life insurance policy or annuity, or in the
bonus or other benefits payable thereunder, or in any other of the
terms and conditions of such policy;


This could be used to argue in favour of non vitality members being provided the same ability to be underwritten and provided the same access to enhanced coverage/benefits as vitality members

Slight correction:

The MCIPD also says that exisiting business must be provided option to revoke consent from any data sharing arrangement that is not necessary for the provision of the financial/service product:

The financial institution shall also allow existing customers to withdraw their consents given before the effective date, unless the disclosure of customer information affects the ability of the financial institution to comply with any legal or contractual requirements.

This post has been edited by hafizmamak85: Jun 16 2024, 09:54 PM
hafizmamak85
post Jun 14 2024, 10:19 PM

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QUOTE(MUM @ Jun 14 2024, 10:13 PM)
So no case against AIA vitality then?
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There is a clear case for post 2023 policies and less clear case for pre 2024 policies

Slight correction:

The MCIPD also says that exisiting business must be provided option to revoke consent from any data sharing arrangement that is not necessary for the provision of the financial/service product:

The financial institution shall also allow existing customers to withdraw their consents given before the effective date, unless the disclosure of customer information affects the ability of the financial institution to comply with any legal or contractual requirements.

This post has been edited by hafizmamak85: Jun 16 2024, 09:54 PM
hafizmamak85
post Jun 14 2024, 10:30 PM

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QUOTE(MUM @ Jun 14 2024, 10:24 PM)
After having met the requirements Just pay to join and sign to accept the stated TnC? Cannot?

BTW, we hv seen many unfair discrimination policy by the govt too. .....(off topic)
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This is the part that need to be argued. If we can successfully argue that there is discrimination because the non vitality member could be either in the healthy or healthier category or has the potential to be in the same health category as the vitality members then there is objectively a discrimination in the provision of insurance coverage//benefits.

Join, sign, accept tnc is a separate matter as both vitality and non vitality members have all their premiums and benefit payments paid to and met from the same fund

Slight correction:

The MCIPD also says that exisiting business must be provided option to revoke consent from any data sharing arrangement that is not necessary for the provision of the financial/service product:

The financial institution shall also allow existing customers to withdraw their consents given before the effective date, unless the disclosure of customer information affects the ability of the financial institution to comply with any legal or contractual requirements.

This post has been edited by hafizmamak85: Jun 16 2024, 09:55 PM
hafizmamak85
post Jun 14 2024, 10:37 PM

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QUOTE(MUM @ Jun 14 2024, 10:31 PM)
I believe, as long as there is, ...

Company provides the t&c
Customer read and signed to accept.
If Customer were to cancel the agreement later
The company can then refuse to provide that product/service.

Should be OK as it is a mutually agreed contracts.
The customers should pay attentions to what were written in the contract. No agree don't accept to use it
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Which life insurance company in malaysia actually provides at least draft contract prior to the purchase of the life insurance? There is no viewing of draft terms and conditions prior to sale. You must pay first and analyse within the 14 day free look period.

Btw, it is not a mutually agreed contract in the sense that it is not a mutually negotiated contract. It is a take it or leave it contract. The one with the upper hand is the insurer. Not the policyholder. And courts recognise this

Slight correction:

The MCIPD also says that exisiting business must be provided option to revoke consent from any data sharing arrangement that is not necessary for the provision of the financial/service product:

The financial institution shall also allow existing customers to withdraw their consents given before the effective date, unless the disclosure of customer information affects the ability of the financial institution to comply with any legal or contractual requirements.

This post has been edited by hafizmamak85: Jun 16 2024, 09:55 PM
hafizmamak85
post Jun 14 2024, 11:00 PM

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QUOTE(MUM @ Jun 14 2024, 10:41 PM)
I believe it is good to hv vitality programs as it encourages subscribers to be healthy thus saved the money pool from depleted faster.
Those that does not want to join does not want to see the money pool last longer.
So I would definitely be ok to penalise those not supporting the money pool longevity.

Just like govt gives out cheaper road tax to ev car.
Ev car or combustible engine cars also uses the same road.

BTW, why now talked about this and no more talked about AIA vitality sharing of personal data without consent which were duscussed since this afternoon ??
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This is a very bad understanding "penalizing those not supporting the money pool longevity"

The claims ratio for life insurance is very low. Maybe a bit high for medical but overall they are making ham over fist money. Where did you get this info that Malaysian Life insurance money pool is at risk? Have you read the financial statements of Prudential, AIA, gReat Eastern. They are all orbiting the RM 1 billion profit per annum range.

Vitality is not about saving money pool. It is about enhancing profit of existing business. Why do you need to share data to save money pool? No need to share data to save pool. Just underwrite the same way. Simple.



hafizmamak85
post Jun 14 2024, 11:13 PM

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QUOTE(MUM @ Jun 14 2024, 11:06 PM)
Is it wrong to want to enhance profits of existing business?
The banks had been making billions, yet the govt approved the mandatory RM8 for atm card use which I had to pay every year.

Why need to use the bank facilities? The bank also share your data...(as that hsbc per image I posted hours earlier)
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It is wrong to enhance profit of existing business by muddling the insurance and marketing value propositions. I have no issue with insurers being transparent in their charging. There is no transparency in this charging and there is ambiguity in the enhanced insurance policy benefits as they can be revoked, removed at any time for whatever reason. Which is why I say there is a risk or non vitality members subsidizing vitality members

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