The Chamber approved with 281 votes in favor and no against the unified text of the bills containing provisions for the prevention of discrimination and the protection of the rights of people who have been affected by oncological diseases. The law introduces the ‘right to be forgotten following oncological healing’.
WHAT THE LAW PROVIDES
From accessing a mortgage, to financing, to insurance policies, up to a process of adopting a child or fostering a minor, passing through competitions and work. These are some of the areas in which the law on oncological oblivion will have a strong impact, thanks to which people recovered from a tumor will have the right not to provide information or undergo investigations regarding their previous pathological condition. The Guarantor for the protection of personal data will supervise the application of the provisions of the law.
So here is what the law that introduces the ‘right to be forgotten following oncological healing’ provides in detail. For the purposes of stipulating or renewing contracts relating to banking, financial, investment and insurance services, the request for information relating to the state of health of the contracting natural person concerning oncological pathologies from which the same has previously been affected is not permitted and the whose active treatment has ended, without episodes of recurrence, for more than 10 years at the date of the request. This period is reduced by half if the pathology arose before the age of 21. This information cannot be acquired even from sources other than the contracting party and, if it is in any case available to the operator or intermediary, it cannot be used to determine the contractual conditions.
With regard to procedures for the adoption and custody of minors, the investigations carried out on potential parents or guardians cannot concern their state of health. In particular, it is established that these investigations cannot concern oncological pathologies after 10 years from the end of the therapeutic treatment, in the absence of recurrences or relapses, or 5 years if the pathology arose before the 21st birthday.
With regard to access to bankruptcy proceedings, when the verification of psychophysical requirements or those concerning the state of health of the candidates is foreseen, it is forbidden to request information relating to the state of health concerning oncological pathologies from which they have been previously affected and whose active treatment has ended, without episodes of recurrence, for more than 10 years at the date of the request. Period reduced by half if the pathology arose before the 21st year of age.
It is referred to a decree of the Minister of Labor and Social Policies, in agreement with the Minister of Health – having consulted the organizations of cancer patients that are registered in the Associative Networks section of the Single National Register of the Third Sector or that have the legal form of associations second level registered in the aforementioned Register – the promotion of specific active policies to ensure, for every person who has been affected by an oncological pathology, equal opportunities in entering and staying in work, in using the related services, and in retraining salary and career paths.
#Oncological #oblivion #Chamber #bill