
TL;DR
As an FCA-authorised broker that has helped arrange over 900,000 policies, WeCovr is at the forefront of explaining how new legislation affects your private medical insurance in the UK. The Data Act 2025 is set to redefine how your sensitive health information is handled, giving you more control than ever before.
Key takeaways
- Reduce paperwork: Cut down on the administrative burden for businesses, including insurers, allowing them to focus more on service and innovation.
- Boost research: Make it easier for scientists and researchers to use anonymised data for public good, such as finding new treatments for diseases.
- Clarify rules: Provide a clearer framework on how organisations can use personal data, especially for things like marketing and online tracking.
- Empower individuals: Strengthen your rights over the data you generate, particularly from connected devices like smartwatches and health trackers.
- Application Data: This is what you provide when you first apply for a policy. It includes your name, age, address, and medical history. You'll be asked about previous illnesses, surgeries, and lifestyle factors like smoking and alcohol consumption.
As an FCA-authorised broker that has helped arrange over 900,000 policies, WeCovr is at the forefront of explaining how new legislation affects your private medical insurance in the UK. The Data Act 2025 is set to redefine how your sensitive health information is handled, giving you more control than ever before.
Explanation of major digital privacy legislation and insurer strategies to maintain compliance and safeguard health data
The digital world is constantly evolving, and so are the laws that protect our personal information. For anyone with or considering private health cover, understanding these changes is vital. The Data Act 2025 is the UK's latest step in modernising data protection, building on the foundations of GDPR. This article breaks down what the Act means for you, your health data, and your relationship with your insurer.
What is the Data Act 2026? A Plain English Guide
Think of the Data Act 2025 as the UK’s next chapter in data privacy, designed to work alongside the existing General Data Protection Regulation (GDPR). Its main goal isn't to replace GDPR but to clarify some of its rules and make them more practical for the UK in the digital age.
The government's aim with this legislation is to:
- Reduce paperwork: Cut down on the administrative burden for businesses, including insurers, allowing them to focus more on service and innovation.
- Boost research: Make it easier for scientists and researchers to use anonymised data for public good, such as finding new treatments for diseases.
- Clarify rules: Provide a clearer framework on how organisations can use personal data, especially for things like marketing and online tracking.
- Empower individuals: Strengthen your rights over the data you generate, particularly from connected devices like smartwatches and health trackers.
For you, the patient and policyholder, the most significant change is the increased emphasis on data portability and access, especially concerning data from connected tech.
How the Data Act 2026 Differs from UK GDPR
While the Data Act 2025 and UK GDPR both aim to protect your personal data, they have different focuses. GDPR set a high bar for consent and data processing across the board. The Data Act seeks to refine these principles for the modern, data-driven world, especially concerning data generated by Internet of Things (IoT) devices.
Here’s a simple breakdown of the key differences:
| Feature | UK GDPR | Data Act 2025 |
|---|---|---|
| Primary Focus | Broad principles for collecting and processing all personal data. | Practical application, scientific research, and data from connected devices (IoT). |
| Consent | Requires explicit, clear consent for data processing ("opt-in"). | Clarifies when consent is not needed, e.g., for public interest research. |
| Data Portability | Right to receive your data in a structured format. | Extends this right specifically to data from IoT products (e.g., fitness trackers, smart health monitors). |
| Research | Strict conditions for using personal data in research. | Provides a clearer legal basis for using data for research, provided it's in the public interest. |
| Record Keeping | Requires detailed records of processing activities for most organisations. | Eases some record-keeping requirements for smaller organisations that don't handle high-risk data. |
Essentially, GDPR laid the foundation for your data rights, and the Data Act 2025 builds a more modern and practical structure on top of it.
Your Health Data: What Insurers Collect and Why
Your health data is among the most sensitive personal information you have. Private medical insurance providers need to collect it for several legitimate and essential reasons. Understanding what they collect and why is the first step to feeling in control of your privacy.
Types of Data Collected:
- Application Data: This is what you provide when you first apply for a policy. It includes your name, age, address, and medical history. You'll be asked about previous illnesses, surgeries, and lifestyle factors like smoking and alcohol consumption.
- Claims Data: When you make a claim, the insurer collects detailed information about your diagnosis, the recommended treatment, and the costs involved. This comes from your GP, specialists, and the hospital where you receive care.
- Wearable and App Data: Increasingly, insurers offer rewards or discounts if you agree to share data from fitness trackers (like a Fitbit or Apple Watch) or wellness apps. This can include your step count, heart rate, sleep patterns, and calories burned. At WeCovr, for example, we provide complimentary access to our AI calorie tracking app, CalorieHero, to support our clients' health goals.
Why Is This Data Necessary?
- Underwriting: This is the process of assessing risk and calculating your premium. Your age, medical history, and lifestyle directly influence the cost of your private health cover.
- Claims Processing: To pay for your treatment, the insurer must verify that the condition is covered by your policy. They need medical reports to confirm the diagnosis is an acute condition that arose after your policy started.
- Fraud Prevention: Insurers analyse data to detect and prevent fraudulent claims, which helps keep premiums fair for everyone.
- Wellness Programmes: Data from health apps and wearables is used to power wellness programmes that reward you for healthy habits. This is a proactive way to help you stay well and potentially reduce future claims.
Under the Data Act 2025, insurers must be more transparent than ever about why they need this data and how they use it.
The New Rights for UK Patients Under the Data Act
The Data Act 2025 strengthens your control over your digital information. It gives you new and enhanced rights, putting you firmly in the driver's seat when it comes to your health data.
Here are the key rights that will empower you:
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The Right to Data Portability for IoT: This is a major enhancement. You will have the right to obtain and reuse your data from connected devices for your own purposes.
- Real-Life Example: Imagine your smartwatch has been tracking your heart rate and sleep quality for a year. Under the Data Act, you can request that raw data from the device manufacturer and share it with a new insurer to potentially get a better premium, or with a private GP for a more detailed health assessment.
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The Right to Access and Explanation: You already have the right to access your data under GDPR. The new act reinforces this and places a greater emphasis on organisations providing clear, plain English explanations about how your data is used, especially when automated decisions are made (like calculating a premium with an algorithm).
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The Right to Rectification: If you find that any personal data an insurer holds about you is inaccurate or incomplete, you have the right to have it corrected. This is crucial for ensuring fair underwriting and claims decisions.
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The Right to Object: You can object to your data being used for direct marketing. The Data Act clarifies the rules around this, making it easier to opt out of communications that aren't essential to your policy.
These rights are designed to foster trust and transparency between you and your insurer.
A Critical Reminder: What UK Private Medical Insurance Covers
Before diving deeper into insurer strategies, it's essential to be crystal clear on the purpose of private medical insurance in the UK.
PMI is designed to cover the diagnosis and treatment of acute conditions. An acute condition is a disease, illness, or injury that is likely to respond quickly to treatment and lead to a full recovery. Examples include joint replacements, cataract surgery, or treatment for a hernia.
Standard private medical insurance UK policies do not cover:
- Pre-existing conditions: Any medical condition you had before your policy started.
- Chronic conditions: Long-term illnesses that cannot be cured, only managed. Examples include diabetes, asthma, high blood pressure, and arthritis.
Your NHS care will continue for any chronic or pre-existing conditions. PMI is a complementary service designed to help you bypass NHS waiting lists for eligible acute treatments. With NHS waiting lists in England recently exceeding 7.5 million, according to NHS data, PMI provides a valuable route to faster care.
Insurer Strategies for Data Act 2026 Compliance
The best PMI providers are not just complying with the law; they are using it as an opportunity to build deeper trust with their customers. Here’s how leading insurers are adapting to the Data Act 2025.
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Enhanced Transparency and Communication: Insurers are updating their privacy policies to be clearer and more concise. They are moving away from long pages of legal jargon and towards simple, layered notices that explain:
- Exactly what data is collected.
- The specific purpose for collecting it.
- How long the data will be kept.
- Which third parties (like hospitals or data processors) it might be shared with.
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Data Minimisation by Design: This principle means only collecting the data that is absolutely necessary. For example, instead of asking for your full medical history for a wellness app, an insurer might only need your daily step count and average resting heart rate. This reduces the privacy risk for you and the compliance burden for them.
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Robust Security Measures: Health data is extremely sensitive, and insurers are investing heavily in state-of-the-art cybersecurity to protect it. This includes:
- Encryption: Scrambling data so it's unreadable if intercepted.
- Anonymisation: Removing personal identifiers (like your name and address) from data used for research or analysis.
- Access Controls: Ensuring only authorised personnel can view your sensitive information on a need-to-know basis.
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Streamlined Processes for Data Rights: Insurers are creating user-friendly online portals where you can easily view your data, request corrections, and manage your communication preferences. They are preparing for an increase in data portability requests by building secure systems to transfer data when you authorise it.
| Insurer Action | What It Means For You | Example |
|---|---|---|
| Clearer Privacy Notices | You can quickly understand how your data is being used without needing a law degree. | A simple infographic explaining the data journey from your GP to the insurer for a claim. |
| Data Minimisation | Less of your personal information is stored, reducing the risk of a breach affecting you. | A wellness app only asks for activity data, not your entire medical record. |
| Improved Data Access Portals | You have a simple, online dashboard to manage your data and exercise your rights. | A "My Privacy" section on your insurer's website to download your policy data. |
How a Specialist PMI Broker Like WeCovr Can Help
The world of private health cover and data privacy can feel complicated. Choosing the right policy involves more than just comparing prices; it’s about finding a provider whose values and practices align with your own. This is where an independent, expert broker is invaluable.
As an FCA-authorised broker, WeCovr provides impartial advice to help you navigate the market.
- We Explain the Fine Print: We help you understand the data privacy policies of different insurers, so you can make an informed choice about who you trust with your health information.
- We Compare the Market for You: We have access to policies from a wide range of the UK's leading insurers. We compare benefits, exclusions, and costs to find the best PMI provider for your specific needs and budget, at no extra cost to you.
- We Offer Added Value: When you arrange your health or life insurance through us, you get complimentary access to our CalorieHero app to support your wellness journey. Furthermore, our clients often receive discounts on other types of cover, like life insurance or income protection, helping you build a comprehensive financial safety net.
Navigating the intersection of health, insurance, and technology is our speciality. We ensure you feel confident and in control every step of the way.
Will the Data Act 2025 make my health insurance premiums go up?
Can I refuse to share data from my fitness tracker with my insurer?
Does private medical insurance cover conditions I already have?
How can a broker like WeCovr help me understand an insurer's data policy?
Ready to explore your private medical insurance options with a trusted, expert partner? Get a free, no-obligation quote from WeCovr today and take the first step towards faster healthcare and greater peace of mind.
Sources
- NHS England: Waiting times and referral-to-treatment statistics.
- Office for National Statistics (ONS): Health, mortality, and workforce data.
- NICE: Clinical guidance and technology appraisals.
- Care Quality Commission (CQC): Provider quality and inspection reports.
- UK Health Security Agency (UKHSA): Public health surveillance reports.
- Association of British Insurers (ABI): Health and protection market publications.









