Oncological Oblivion : What It Is

To ensure equal treatment, prevent discrimination, and protect individuals who have recovered from an oncological disease under conditions, the Law of December 7, 2023, No. 193, "Provisions for the prevention of discrimination and the protection of the rights of people who have been affected by oncological diseases" has been issued. This law applies to the signing, management, or renewal of insurance contracts.

The Meaning of the Right to Oncological Oblivion

The right to oncological oblivion allows the policyholder/insured, who exercises this right by submitting the required certification, not to provide information, nor be subject to requests, checks, or use of personal data concerning a previous oncological disease when:

• active treatment was completed more than 10 years ago, with no episodes of recurrence;
• or more than 5 years ago if the disease occured before the age of 21.

Under these conditions, the previous illness cannot be the subject of questions, medical evaluations, or assessments that may affect the signing, management, or conditions of the insurance contract.

Reduced Time Limits for Certain Conditions

For specific oncological diseases, the Ministry of Health has defined shorter time limits than the general 10-year period (or 5 years for diagnoses before age 21). Details are provided in the table available at the following link

How Certification for the Right to Oncological Oblivion Works

When treatment for the disease has been completed and no recurrences have occurred for the period established by law (Law No. 193/2023), the policyholder/insured may request certification confirming the right to oncological oblivion.

The applicant must submit a request using the form provided in Annex I of the Ministry of Health Decree of July 5, 2024, including personal data and any relevant medical documentation.

The request may be submitted to: public healthcare facilities, accredited private facilities, National Health Service physicians, general practitioners, or pediatricians of free choice. The policyholder/insured must then promptly send the issued certification to the insurance company, as required by Law No. 193 of 2023 and subsequent implementing decrees.