In this article we will discuss...
What is the right to be forgotten for cancer survivors?
The right to be forgotten for cancer survivors protects people who have overcome cancer from unjustified discrimination when taking out insurance, mortgage-related products or other financial services. Its purpose is to ensure that a past cancer diagnosis does not indefinitely affect a person’s economic and personal life.
In Spain, the reform introduced by Royal Decree-law 5/2023 recognises that, once five years have passed since the end of radical treatment without subsequent relapse, a person should not be discriminated against for having had cancer in certain contracts.
This right is closely connected to health data protection, non-discrimination and the privacy of people who have gone through cancer. Medical history contains highly sensitive information and should not become a permanent barrier to ordinary services.
Who is protected?
The right protects people who have had cancer and have completed radical treatment without relapse for the legally required period. In practice, it aims to prevent situations such as:
- Unjustified refusal or price increases in life or health insurance.
- More burdensome conditions in insurance linked to mortgage loans.
- The obligation to disclose past cancer once the relevant period has elapsed.
- The use of old medical information to assess a person in a discriminatory way.
What does it mean for insurance and mortgages?
The rules make clauses, terms or conditions null and void when they exclude or discriminate against a person because of cancer history and the legal requirements are met. They also prevent those cancer-related records from being used to impose worse insurance conditions.
For insurance linked to mortgage loans, the person has the right not to disclose that they had cancer if five years have passed since the end of radical treatment without relapse.
Connection with GDPR and health data
Health data is a special category of personal data under the GDPR. Banks, insurers and other organisations must therefore apply strict standards of data minimisation, lawfulness, transparency and purpose limitation when processing medical information.
The right to be forgotten for cancer survivors reinforces a basic idea: overcoming cancer should not leave an indefinite contractual footprint. Organisations should review questionnaires, general terms, underwriting processes and internal policies to avoid excessive or discriminatory data processing.
What companies and insurers should review
- Health questionnaires and contracting forms.
- Clauses that exclude or penalise cancer history.
- Automated risk assessment or scoring processes.
- Retention periods for medical documentation.
- Information provided to customers about the processing of their data.
A preventive review helps organisations comply with the law and reduces the risk of discrimination claims or unlawful processing of health data.
Auratech remains at your disposal.