Institutional framework for the Financial Supervision Authority's control over the activities of an insurance agent

Abstract

ObjectivesThe subject of consideration is the supervisory powers of the Financial Supervision Authority in terms of the control of insurance agents. Act of 15 Dec 2017 on Insurance Distribution introduced the possibility of conducting inspections of insurance agents' activities by supervisory authorities. The Financial Supervisory Authority is the body that supervises the financial market, including the supervision of activities related to the distribution and redistribution of insuranceMaterial and methodsThe article has been drawn up mainly using the formal-dogmatic method. It involves the description and systematization of legal norms, interpretation of regulations, as well as an analysis of the practice of application of the law by both state administrative bodies and courtsResultsKNF inspectors, in the course of their inspection, have the authority to demand from the inspected insurance agent access to the documents of the inspected entity and to the data and information contained in the information and communication systems. However, this entitlement is not absolute. Such a request may only concern the documents and data of the controlled entity, and moreover, it is only updated when it falls within the substantive scope of the inspectionConclusionsNotwithstanding the above, the agent also remains the disposer of information covered by the secrecy of communication . The contents of the mailboxes of insurance agents, like any correspondence, are protected by the secrecy of communication, regardless of the content (art. 49, para. 1 of the Polish Constitution). In order for the supervisory authority to effectively demand access to information contained in the correspondence of an insurance agent, it should first obtain this access through a separate procedure provided for by the law.