The Right to Oncological Oblivion

With Law No. 193 of 7 December 2023 'Provisions for the prevention of discrimination and the protection of the rights of people who have been affected by cancer', which came into force on 2 January 2024, introduced safeguards aimed at eliminating prejudice and unequal treatment and guaranteeing the right to be forgotten for people who have recovered from cancer.

In particular, the "right to be forgotten in relation to cancer" refers to the right, provided for by Law No. 193 of 7 December 2023 in relation to the conclusion or renewal of insurance contracts, of persons who have recovered from cancer not to provide information or undergo investigations, including medical examinations and health checks, regarding the previous pathological condition from which they were previously affected and whose active treatment has been completed, without recurrence, for more than ten years from the date of the request. This period is reduced to five years if the disease arose before the age of 21.

For oncological diseases listed in the table in Annex I of the Decree of the Ministry of Health dated 22 March 2024, the right to be forgotten regarding cancer matures within the terms indicated below:

• Colon-rectum (Stage I, any age): 1 year after the end of treatment
• Colon-rectum (Stage II-III, over 21 years old): 7 years after the end of treatment
• Melanoma (over 21 years old): 6 years after the end of treatment
• Breast (Stage I-II, any age): 1 year after the end of treatment
• Uterus, cervix (over 21 years old): 6 years after the end of treatment
• Uterus, body (any age): 5 years after the end of treatment
• Testicle (any age): 1 year after the end of treatment
• Thyroid: Women diagnosed before age 55/Men diagnosed before age 45. Excluding anaplastic tumors: 1 year after the end of treatment
• Hodgkin's lymphomas: Patients under 45 years old: 5 years after the end of treatment
• Leukemias (acute lymphoblastic and myeloid, any age): 5 years after the end of treatment

Please note that this information cannot be obtained from sources other than the policyholder or the insured person.

If the information has been provided previously or incorrectly, it cannot and must not be used by the Company to determine the insurance conditions of a new policy or renewal.  

For a complete reading of the Law, please refer to the following link: https://www.gazzettaufficiale.it/eli/id/2023/12/18/23G00206/sg 

In cases where information on previous cancer has already been provided, the policyholder may request its deletion by sending the company the "Certification attesting to the expiry of the cancer waiting period and deletion of information" by registered letter with acknowledgement of receipt or certified email.

Within thirty days of receipt of the certification, the information previously acquired must be deleted by the company.

Violation of the provisions in the stipulation of contracts after the entry into force of the Law shall result in the nullity of individual contractual clauses that do not comply with the principles declared by the law and shall not result in the nullity of the contract.

The nullity shall only operate to the benefit of the natural person who is the contracting party or insured person and shall be detectable ex officio at any stage and level of the proceedings.