In addition to activating and extending various anti-crisis measures, the Royal Decree-Law on Support for the Impact of War and other Situations of Vulnerability approved on 27 June in the Council of Ministers gave effect to a series of European law initiatives, including the "right to be forgotten" in relation to cancer.
With the approval of this measure, Spain is complying with the European Parliament Resolution of 16 February 2022 on Strengthening Europe's Fight Against Cancer in a global and coordinated strategy.
What is the right to be forgotten regarding cancer?
The right to be forgotten regarding cancer is the right not to have the fact that someone has suffered from cancer taken into account in different situations, such as when taking out life insurance or applying for a loan. Thus, this right prevents them from having to justify their medical history and prevents them from being discriminated against.
To give effect to this new right, amendments have been introduced in the General Law for the Defence of Consumers and Users and other complementary laws and Law 50/1980 of 8 October 1980 on Insurance Contracts..
How does the right to be forgotten regarding cancer work?
The Royal Decree-Law approved establishes the right to be forgotten when contracting insurance and banking products for patients who have had cancer once five years have passed since the end of treatment without relapse. Thus, the text states:
- The nullity of clauses, stipulations, conditions or covenants that exclude one of the parties on the grounds that they have had cancer.
- The prohibition of differentiation when contracting an insurance policy for a person who has suffered from cancer.
- The elimination of the obligation to declare whether one has suffered from cancer in order to take out life insurance and the prohibition of a background of cancer being considered in this procedure.
Who can benefit from this measure?
This new right will be available to people who have suffered from cancer once five years have elapsed since the end of the treatment without subsequent relapse. The Government is empowered to amend this period according to the evolution of scientific evidence.
What is meant by "evolution of scientific evidence"?
The concept of "evolution of scientific evidence" refers to the evolution of scientific knowledge of the disease. Since scientific information in the field of oncology is constantly advancing and making progress, continuous consultation of updated scientific sources is necessary to make clinical decisions.
Does this measure apply to any type of insurance?
The right to be forgotten regarding cancer cases applies to any type of insurance in which the policyholder is a consumer. To resolve doubts such as this one about the application of this right, the Ministry of Health has published a document with questions and answers addressed to patients, insurers and health professionals.
This is a text that will be constantly updated by a working group created ad hoc with the different administrations and associations involved.
Can previous medical data be deleted from company databases?
Yes, patients can request the deletion of their medical data under the General Data Protection Regulation (GDPR).
What happens if a person suffers a relapse after taking out insurance?
If the insured person suffers a relapse while the contract is in force, they would not be required to declare it. However, the insurer could oppose the extension of the contract in certain cases.
And can it apply to other procedures such as renewing a driving license?
Before this regulation, people who had had cancer had to renew their license more frequently (every 3 or 5 years) due to their medical history. Now, if the disease has been overcome and a favorable medical report is available, the renewal period will be the corresponding period for their age, just like any other person.
Non official translation
