La Camera ha approved unanimously with 281 votes in favour unified text for the prevention of discrimination and the protection of the rights of people affected by oncological diseases, the so-called oncological oblivion law.
This text introduces a "right to be forgotten" which guarantees that those who are clinically cured have the opportunity to enjoy their rights fairly, on a par with the rest of the population with particular attention to access to financial, banking and insurance services, as well as child adoption procedures. The supervision of the application of the new rules is attributed to the Guarantor for the protection of personal data.
Avoid discrimination in the enjoyment of rights
THEmain goal of the measure is to address the frequent problem where the healed people from tumours, despite having achieved clinical cure, still suffer discrimination in the enjoyment of their rights. This situation is particularly evident in access to financial, banking and insurance services. The intent of the law is to remove obstacles that limit equality of these individuals, whose increase in life expectancy is significant, in accordance with Article 3 of the Constitution.
The consolidated text aims to incorporate the requests of the European Parliament Resolution of 16 February 2022, which focuses on strengthening Europe in the fight against cancer through a global and coordinated strategy (2020/2267(INI)). This Resolution states that “insurance companies and banks should not consider the medical history of people affected by cancer” and asks member countries to change their internal laws to avoid discrimination against survivors of oncological diseases compared to other consumers. In particular, the Resolution requires that by 2025 all Member States guarantee the "right to be forgotten" for all European patients, allowing not to consider the clinical history after 10 years from the end of treatment or up to 5 years after the end of treatment for patients diagnosed before the age of 18.
Unconditional access to financial, banking and insurance services
The text focuses mainly on the right of people that were recovered from oncological diseases di not having to disclose information nor be the subject of any investigation regarding their record health condition.
As far as the 'access to banking, financial and insurance services, it is established that, in order to stipulate or renew contracts relating to such services, it is not allowed to request information on medical history concerning oncological pathologies from which the person has been affected in the past, provided that the treatment has been completed without recurrences for more than ten years at the date of the request; this period is reduced by half if the disease has arisen before the age of twenty-one.
The information they cannot be obtained from different sources by the contracting party, and even if the operator or the intermediary possess them, they cannot influence the contractual conditions.
The text is now being examined by the Senate.
