The privacy guarantor has provided answers to the most frequently asked questions about the right to oncological oblivion, offering a useful handbook to understand how to obtain the oncological certificate of oblivion and what it is for. This guide explores the functioning of the right to oncological oblivion, which is particularly relevant in access to public tenders, financial loans and adoption procedures
.
Rules for achieving oncological oblivion
From January 2, 2024, with the entry into force of Law No.
193 of 7 December 2023, it is possible to request oncological oblivion. This legislation ensures equal rights to people recovered from cancer, allowing them to access financial, banking, insurance services, adoption procedures and public competitions without being discriminated against for their
previous pathological condition.
What is the right to oncological oblivion
Oncological oblivion is the right of people recovered from an oncological disease to not provide information or undergo investigations about their previous health condition. This right applies to access to banking, financial, insurance services, adoption, and employment opportunities, including public competitions
.
How to request an oncological certificate of oblivion
The oncological forgetfulness certificate may be requested by the interested party, by submitting a documented application to:
- an accredited public or private healthcare facility
- a doctor employed by the National Health Service
- a general practitioner
- a pediatrician of free choice
Necessary documentation
To request the certificate, in addition to personal data, it is necessary to provide medical documentation relating to the previous oncological pathology. This must be attached to the request form, which also includes the information on the processing of personal data
.
Timing for the request
The application can be submitted 10 years after the end of active treatment, without episodes of recurrence. In some specific cases, the term may be shorter.
Special terms for young people
If the disease occurred before the twenty-first year of age, the application may be submitted 5 years after the end of active treatment, always without recurrence.
What is meant by ‘termination of active treatment’
The termination of active treatment refers to the date of the last anticancer, radiation or surgical pharmacological treatment, in the absence of relapses.
Contents of the oncological forgetfulness certificate
The certificate must include:
- first and last name
- place and date of birth
- Tax code
It is not necessary to include detailed information about the disease or the treatments carried out.
Retention of documentation
The request for oncological oblivion must be kept for 10 years from the submission, while the certification for 10 years from its receipt. After this period, the owner must proceed with the cancellation of the documentation.
Banks and insurance
Banks and insurance companies cannot request information on cancer diseases concluded more than 10 years ago (5 years if the disease occurred before the age of 21). It is forbidden to use this information to determine contractual conditions
.
Existing banking and insurance contracts
If you are already a contract holder, you must send the oncological forgetfulness certificate to the bank or insurance company, which has 30 days to delete the information relating to the previous pathology.
Employers
The employer cannot request information on any previous oncological diseases during the selection process or during the employment relationship, in compliance with the regulations on privacy and safety in the workplace.
Documentation of absences for health reasons
To justify absences from work for health reasons, including cancer treatments, the employee must provide documentation certifying the health benefit received, without specifying the pathology or type of treatment.
Right to Oncological Forgotten and Adoption
During adoption investigations, information on previous oncological pathologies cannot be reported if 10 years have passed since the end of treatment, or 5 years if the disease occurred before the age of 21.
Guarantees on respect for the right to oncological oblivion
The guarantor for the protection of personal data is responsible for supervising the application of the rules relating to oncological oblivion, ensuring respect for the rights of citizens.
