Oncological Oblivion: Inclusion as the Objective

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A definitive law for oncological oblivion, namely the opportunity for individuals who have recovered from an oncological condition to erase the ‘bureaucratic’ negative effects that the disease still imposes on employment searches, adoptions, mortgage applications, or insurance subscriptions.

This is the legislative challenge that Italy aims to overcome by the end of the year

With the approval of the proposed law titled “Provisions on equal treatment, non-discrimination, and guarantee of the right to oblivion for individuals cured of oncological pathologies,” the Chamber of Deputies finally initiated the incorporation of the much-awaited right to oncological oblivion into our legal system on August 4.

The text approved by the Chamber in August stipulates “equal treatment, non-discrimination, and guarantee of the right to oblivion for individuals cured of oncological pathologies” and outlines the conditions for “respecting the right to oncological oblivion in various areas (banking services, insurance, contract renewals, custody and adoption of minors, bankruptcy proceedings).” The measure on this issue is now awaiting Senate approval.

The European Parliament itself passed a resolution in 2023 urging member states to recognize and protect the right to oncological oblivion.

But what is the significance of such a resolution?

The return to normalcy for those recovering from an oncological disease is a challenging path that often makes them victims of discrimination. This occurs in job searches, adoptions, mortgage or insurance applications—situations where having had cancer seems to constitute an indelible stigma.

With the new law, if approved by the other branch of Parliament, obtaining a mortgage, securing a loan, taking out insurance, and adopting a child can no longer be denied to those who have had cancer for more than ten years. For minors, the right to oblivion is reduced to five years, with the government having the option to further reduce this period.

No contractual clauses that violate the right to oncological oblivion will be valid

The Privacy Commissioner will be the competent authority to oversee compliance with the law, and within three months of the law coming into force, the Ministry of Health must issue a decree to establish the list of oncological diseases for which recovery can be recognized even before the five or ten years stipulated by the general rule. Once the entire approval process for the norm is completed, the principle will be restored that the human being must be protected as such, as often emphasized by associations protecting oncology patients, asserting that no one should be identified solely by their illness.

How we can help

For further information or legal assistance regarding oncological oblivion and related matters, please do not hesitate to contact our specialist team at Oracle Solicitors.

Our dedicated professionals are ready to provide expert guidance tailored to your specific needs. You can reach us at +44 02030515060 or via email at [email protected].