Cancer oblivion, citizens finally cancer-free even in insurance policies

"Citizens who exercise their right to be forgotten by submitting the appropriate certification are not required - for the purposes of entering into or renewing insurance contracts or if the information provided is likely to influence the terms and conditions of the contractual relationship - to provide data on previous oncological pathologies, the active treatment has been completed for more than ten years with no episodes of recurrence at the date of the request. The period shall be reduced to five years if the pathology arose before completion of the twenty-first year of age

 This is the heart of the provision with which the Insurance Supervisory Authority (Istituto per la vigilanza sulle assicurazioni-Ivass) implements for its own competence the law on oncological forgetting (law no. 193 of 7 December 2023). 193), with which Italy, thanks to the front-line commitment of patients' associations and oncologists as well as the transversal consensus in Parliament, has centred the crucial battle of civilisation aimed at removing stigma, prejudice and, above all, financial toxicity from people who encounter a tumour during their lifetime. But the pieces of the jigsaw puzzle designed to guarantee oncological oblivion are still in the process of being put in place, and the Ivass measure was eagerly awaited: we are talking about millions of people if we only consider - as Aiom oncologists, who have always been at the forefront in protecting rights, recall - that today there are almost 3.7 million people alive after a cancer diagnosis, equal to 6.2% of the Italian population, and that half of those who fall ill are destined to recover, with a life expectancy equal to those who have never developed an oncological disease.

And so the more important it is to set stakes in all spheres of daily life, including taking out a policy. The law on forgetting," the Ivass emphasises, "is an act of great civilisation and ethical sense that aims to protect people cured of oncological pathologies, prevent discrimination, and guarantee equal rights in access to insurance, banking, and financial services. With the Provision that has just been issued, the Ivass strengthens transparency and consumer protection, ensuring that those who have overcome an oncological illness can access policies without discrimination

Law 193 introduces, in particular, the prohibition for insurance companies and distributors to request information concerning the health status of clients already suffering from pathologies oncological conditions, at the time of stipulation or renewal of insurance contracts subsequent to its entry into force, when a determined period of time has elapsed since the active treatment in absence of relapses or relapses of the illness. This right must be expressly stated in the forms or forms drawn up and used for the conclusion or renewal of said contracts.

In the event that information on oncological pathologies has been previously provided, it cannot be relevant for the purposes of assessing the risk of the transaction or the solvency of the contracting party (Art. 2, paragraph 5 L. no. 193/2023), if the requirements for the exercise of the right to be forgotten have accrued in the meantime.