Insurance companies will no longer be able to request data from their customers, subject them to medical examinations, and will have to delete the data in their possession within 30 days of receiving the certification.

This marks a significant step forward in the implementation of the law on oblivion in cancer, the provision that guarantees people who have recovered from cancer the right not to disclose information about their illness and not to undergo investigations. The measure was issued by IVASS, the Italian Insurance Supervisory Authority, and insurance companies will have to comply.

This step, emphasizes the institution chaired by Luigi Federico Signorini, "strengthens transparency and consumer protection, ensuring that those who have overcome cancer can access insurance policies without discrimination."

The measure, which does not affect car insurance, is triggered if the client has been recovered for more than ten years, five years for those under 21, or within the shorter period established for specific cases. Enacted in 2023 and effective at the beginning of January 2024, the law aims to prevent unequal treatment and ensure equal rights. It therefore prohibits requesting information about the health status of a client already suffering from cancer and using the information already acquired to assess the risk of surgery if the requirements for exercising the right to be forgotten have since been met.

According to an estimate by AIMAC (the Italian Association of Cancer Patients, Relatives and Friends) , 3.7 million people have been diagnosed with cancer, of which approximately one million can be considered cured.

Assoutenti applauds the idea that cancer oblivion is "a fundamental right that, however, continues to be too often disregarded in the daily practice of insurance companies. Even today, clinically outdated cancer history records are misused to deny or limit insurance rights, coverage, and benefits."

Within 15 days of the provision's publication in the Official Journal, insurance companies and intermediaries must update their pre-contractual documentation , including a section dedicated to the right to be forgotten in cancer cases. The Italian Data Protection Authority (Garante per la protezione dei dati personali) will monitor compliance with the law, while IVASS (the Italian Insurance Supervisory Authority) will oversee the transparency and fairness of insurance companies and distributors' practices. Disputes regarding the right to be forgotten in cancer cases may be appealed to the Insurance Arbitrator.

(Unioneonline/E.Fr.)

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