Ministry of Health presents a question-and-answer document on the right to oncological oblivion

The Minister for Health, Mónica García, with Queen Letizia at the presentation of the questions and answers document

"Several associations, including the Spanish Cancer Association, told us of the need to draw up a document of frequently asked questions and answers on the application of the right to oblivion regarding cancer, to provide clear information to patients, financial institutions and insurers," the minister explained.

Royal Decree-Law 5/2023 of 28 June introduces in Spain the so-called "right to oncological oblivion", a measure that seeks to facilitate access to insurance and financial products for people who have beaten cancer. The right to oblivion in cancer cases means that people who have beaten cancer and who have been treated for five years without relapse do not have to declare having had cancer, thereby avoiding any kind of discrimination.

To this end, the Ministry of Health set up a working group with the Directorate General for Insurance, the Directorate General for Consumer Affairs, the Spanish Data Protection Agency and the Ministry of Health, ensuring a rigorous and coordinated approach.

As a result of this effort, "the document is now ready, which will be key to consolidating this right and strengthening the quality of life of patients and survivors. We will be happy to share it with the partnerships for review and expansion, ensuring that it is a living and evolving document".

The document includes the main questions and the answers given by the competent Public Administrations on issues such as contracting insurance and banking products for patients with a history of cancer, once a certain period of time has elapsed since the end of treatment without relapse. This document will be updated as new questions arise.

What is meant by "radical treatment"?

In the context of Royal Decree-Law 5/2023, "radical treatment" refers to treatment that eliminates macroscopic or systemic disease with curative intent. This includes surgery, chemotherapy, radiotherapy and other therapies, applied alone or in combination.

What about chronically monitored patients?

The right to oncological oblivion does not apply to chronically controlled patients whose cancer will not go away, even if they take lifelong medication. However, it does apply to disease-free patients (those who no longer have signs of the disease), even if they are taking adjuvant treatment for preventive or curative purposes.

What happens if a person suffers a relapse after taking out insurance?

If, while the contract is in force, the insured person suffers a relapse, they are not under obligation to declare this. However, the insurer may object to the extension of the contract in certain cases.

How are the after-effects of cancer dealt with in insurance?

Existing sequelae (either a pathology or a disability) at the time of taking out the insurance must be declared if the health questionnaire asks for them. If the after-effects appear after the entry into force of the contract, the policyholder or insured person is not obliged to declare them.

Is it possible to apply for retroactive insurance or modify the conditions of existing insurance?

A person who was refused insurance before the entry into force of the oncological right to oblivion can now take out insurance, but without retroactive effect. For temporary renewable insurance, premiums after the renewal date following the entry into force of this right should not consider the cancer.

What is meant by "evolving scientific evidence"?

The concept of "evolving scientific evidence" refers to the evolution of scientific knowledge of the disease. As scientific information in the field of oncology is constantly evolving, ongoing consultation of up-to-date scientific sources is necessary for clinical decision-making.

Can past medical data be removed from company databases?

Yes, patients can request the deletion of their medical data under the General Data Protection Regulation (GDPR).

Is it obligatory to report cancer that was beaten more than 5 years ago?

No, it is not mandatory. Indeed, requesting this information could be considered as unlawful data processing.

What are the recommendations for action if difficulties are encountered in taking out insurance?

It is recommended to submit a query or complaint to the Complaints Service of the Directorate General for Insurance and Pension Funds.

Can a mortgage or insurance policy be cancelled if oncological information was omitted in the past?

Yes, the insurer could terminate the contract if the information provided was inaccurate, even if the pathology should no longer be considered now.

Is it advisable to report a cancer that has been beaten, even if it is not mandatory?

If it is a new insurance, it is not necessary. If it is a temporary renewable insurance in force, it would be advisable to report it so that, where necessary, the pricing can be adjusted.

Who can issue a document certifying that a person has beaten cancer?

The specialist doctor responsible for the oncological process or the family doctor, if the relevant reports are available.

Does oncological oblivion apply to any type of insurance?

Yes, it applies to any type of insurance where the policyholder is a consumer.

From when does the 5-year count start for the application of the right to oblivion regarding cancer?

The date from which the five years start to run is the date on which the radical treatment is completed.

How does the law apply to the renewal of a life insurance policy?

Premiums after the renewal date following the entry into force of the right to oncological oblivion should not consider the cancer that has already been beaten.

How does it apply to negotiating disability coverage in life insurance?

The risk declaration questionnaire should not ask about a cancer for which radical treatment was completed more than 5 years before without subsequent relapse.

Does it affect the renewal of my driving licence?

Prior to this regulation, people who had had cancer had to renew their card more frequently (every 3 to 5 years) because of their medical history. Now, if the illness has been beaten and there is a favourable medical report, the renewal period will be the one that corresponds to their age, just like any other person.

Non official translation