I'm with you on this paragraph …
> In this particular case the insurance company should not be able to request data from the past. If they want any data they should order tests themselves and only use that data.
… but you lose me here. By this logic, it seems like car-insurance companies shouldn't be able to look at my driving history, but should have to administer me a driving test themselves. This would clearly make premiums skyrocket, and I don't think is the right solution.