Cancer-related Right to Be Forgotten
What is the "Cancer-related Right to be forgotten"?
The right to be forgotten in relation to cancer is the right:
- provided for and regulated by Law No. 193 of December 7, 2023, the related implementing decrees, and IVASS Order No. 169 of January 15, 2026
- of an individual who has suffered from cancer, whose active treatment ended more than 10 years ago without recurrence (or 5 years in the case of cancer that arose before the age of 21) or by a different deadline provided for by the implementing decrees in force at the time.
- not provide information or undergo medical examinations or health checks relating to the previous cancer at the time of signing or renewing the insurance contract.
What is meant by "active treatment"?
"Active treatment" means any treatment carried out for the purpose of treating cancer, including, but not limited to, surgery, chemotherapy, immunotherapy, hormone therapy, radiotherapy, gene therapy, and treatments with monoclonal antibodies.
From the date of the last active treatment carried out, in the absence of recurrence, the period for the right to be forgotten in relation to cancer begins. In addition to the general term of 10 years (reduced to 5 years if the cancer occurred before the age of 21), the Decree of the Ministry of Health of March 22, 2024 introduced reduced and differentiated terms based on the type of cancer from which the subject suffered, as shown in the table below:
| TYPE OF CANCER | SPECIFICATIONS | YEARS FROM THE END OF TREATMENT |
|---|---|---|
| Colorectal | Stage I, any age |
1 |
| Colorectal |
Stage II-III, > 21 years |
7 |
| Melanoma | > 21 years |
6 |
| Breast |
Stage I-II, any age | 1 |
| Uterus, cervix |
> 21 years | 6 |
| Uterus, body | Any age |
5 |
| Testicle | Any age |
1 |
| Thyroid | Women diagnosed < 55 years Men diagnosed < 45 years Excluding anaplastic tumors for both sexes |
1 |
| Hodgkin's lymphoma | < 45 years |
5 |
| Leukemia | Acute (lymphoblastic and myeloid), any age |
5 |
What is required to certify one's right to be forgotten in relation to cancer?
The procedures and forms for certification, issued free of charge, attesting to the existence of the
requirements to benefit from the right to be forgotten in relation to cancer are governed by the Decree of the
Minister of Health of July 5, 2024.
The certification is issued, at the request of the interested party, by accredited public or private healthcare
facilities, on the basis of clinical documentation relating to the oncological pathology and the conclusion of
active treatment, in accordance with the regulations in force at the time.
To this end, the Debtor may send the relevant insurance company or insurance intermediary, including by
registered letter with return receipt or certified email (PEC), the specific certification issued pursuant to the
above-mentioned decree.