EU states trail behind on medical right to be forgotten

The right to be forgotten is key for cancer survivors, some of which have reported facing difficulties accessing financial services due to their health history. [SmartPhotoLab/Shutterstock]

The right to be medically ‘forgotten’ – not forced to present one’s medical history when taking out insurance or bank loans – currently exists in five EU states. EU lawmakers are calling for such a right to apply across the bloc.

Read the original French article here.

France, Belgium, Luxembourg, the Netherlands and Portugal are the only countries in the EU in which banks and insurance companies are not entitled to request medical records from prospective clients, including cancer survivors, provided some time has elapsed since the conclusion of their treatment.

“The right to be forgotten concerns insurance and loans (property loans, professional loans, etc.). The aim? To avoid the double penalty and the criminal record of cancer”, explained Renew MEP and cancer specialist Véronique Trillet-Lenoir in an interview with EURACTIV.

The right to be forgotten is key for cancer survivors, some of which have reported facing difficulties accessing financial services due to their health history.

“Survivors need to return to a normal social, emotional and professional life. They need to not feel excluded,” Trillet-Lenoir added.

The EU registers 2.6 million new cancer diagnoses each year according to the Commission. In February 2021, the European Commission presented its landmark plan to beat cancer, which focuses on four main areas of work: prevention, early detection, treatment and improving quality of life.

Commission Vice-President Margaritis Schinas said: “The plan is about health, but it goes beyond health policy. It is an effort of the whole society”.

The Commission will soon present a series of legislative texts on the fight against cancer. These include proposals on tobacco products, taxing alcoholic beverages, pharmaceuticals, asbestos, nutritional labelling, and the zero-pollution plan.

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A reinforced plan

On 15 February, the European Parliament’s special committee on beating cancer presented a report to the plenary, in which it recommended to the Commission that the cancer plan must “go further” as currently, the plan only lays out guidelines and carries no legislative weight.

Lawmakers recommended that comparative studies be conducted between countries, and inputs are gathered from patients’ associations and parliamentarians across the 22 states that have so far not yet adopted the right to be forgotten in law.

Trillet-Lenoir, together with other EU lawmakers, called for an EU-wide ‘right to be forgotten’ to apply once five years have elapsed after treatment, suggesting that such legislation be modelled on French law.

“Depending on the type of cancer, we could imagine reducing the five years to two years” though it is preferable not to differentiate too much “between cancers”, the lawmaker added.

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The example of France

France introduced the medical right to be forgotten into law in 2016; on 1 June 2022, it was updated to apply from five years after treatment, brought forward from the former ten years.

The amendment can be attributed to the work of France’s National League Against Cancer, which funds most oncology research. “It is a very structured organisation,” said Trillet-Lenoir.

However, while France is among the rising stars on the right to be forgotten, it is trailing in other areas.

“In terms of prevention, France has fallen behind, like many southern European countries,” said Trillet-Lenoir, who indicated that better prevention could stop four of ten cancers.

“We must not forget reintegration downstream and prevention upstream. Enormous progress has been made in the organisation of care, but there is still room for improvement,” she added.

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[Edited by Nathalie Weatherald]

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