What is the right to be forgotten regarding cancer?



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.

Non official translation