The new legislation on the right to oncological oblivion guarantees equal opportunities for people recovered from cancer, eliminating discrimination related to their previous medical condition. The law introduces rules for access to banking, insurance, adoptions, employment and public competitions, assuring the recovered the same rights as the rest of the population
.
In this guide, we will see what the right to oncological oblivion is, what the law provides and what the implications are for work, competitions and access to various services.
What is the right to oncological oblivion
The right to oncological oblivion allows people recovered from an oncological disease not to provide information about their previous illness when accessing banking, insurance, financial services, public competitions and adoptions. The term ‘oblivion’ means that, more than 10 years after the end of treatment without relapses, you are not obliged to reveal your
previous medical condition.
Law no. 193 of 7 December 2023, published in the Official Gazette No. 294 of 18-12-2023, introduced this important right, in force since 2 January 2024. The operating rules were further detailed in the handbook published by the Privacy Guarantor on 9 August 2024
.
What is the purpose of the law on the right to be forgotten about cancer
Law no. 193 of 7 December 2023 addresses the problem of discrimination suffered by people recovered from cancer, in particular in access to mortgages, insurance and financial services. People who have recovered often find themselves having to declare their previous condition, resulting in restrictions or additional
costs.
Another area where there are difficulties is access to public competitions and adoption procedures. Thanks to the right to be forgotten, once 10 years without relapses have passed, these people will no longer have to suffer limitations related to
their medical history.
When can the right to oncological oblivion be applied
The right to oncological oblivion can be applied 10 years after the end of cancer treatment, provided that there have been no recurrences. For some specific pathologies, this period may be shorter.
How to exercise the right to oncological oblivion
To exercise the right to be forgotten, the recovered person must request a specific certificate. You can obtain this certificate by submitting an application to an accredited public or private healthcare facility, a doctor from the National Health Service, a general practitioner, or a pediatrician of your choice.
What does the law provide on the right to be forgotten about cancer
Law No. 193 of 2023 establishes that people cured of cancer have the right not to reveal their illness in the following areas:
1. Public competitions: It is not possible to request information on past health regarding oncological diseases concluded more than 10 years ago (reduced to 5 years for those who had the disease before the age of 21). This right ensures that there is no discrimination in the selection processes for public competitions
.
2. Job placement: The law promotes equal opportunities in access to work and career progression, ensuring that those recovered from cancer are not treated differently from
other workers.
3. Banking and insurance services: For the conclusion of financial, banking or insurance contracts, information on the oncological past cannot be requested if the person has recovered for more than 10 years (reduced to 5 years for those who had the disease before the age of 21). In addition, no additional costs or restrictions may apply to the recovered.
4. Adoption and foster care: People who wish to adopt a child must not reveal past oncological pathologies, if they have recovered for more than 10 years (reduced to 5 years for those who had the disease before the age of 21). This makes it possible to eliminate barriers to adoption linked to the medical past.
How to obtain a certificate of oncological oblivion
The oncological certificate of oblivion can be requested following the indications published by the Privacy Guarantor in the vademecum of 9 August 2024. The certificate, issued by accredited health facilities or doctors from the National Health Service, certifies that the person has recovered for more than 10 years without relapses
.
The right to oncological oblivion represents a significant turning point for people recovered from cancer, who can now access services and work opportunities without suffering discrimination related to their previous condition. This right protects the privacy of citizens and promotes greater fairness in public competitions, banking services and adoption procedures
.
The oncological forgetfulness certificate is an essential tool to ensure that the medical past no longer affects the daily lives and future opportunities of those who have recovered.
