Third EU country to legislateCured cancer patients allowed right to be forgotten in insurance matters

Claudia Kollwelter
As of Tuesday, Luxembourg has become the third EU country to reinstate the right to be forgotten for 'outstanding balance' insurance policies, a type of life insurance.
© MSAN

Following in the footsteps of France and Belgium, the Luxembourgish Ministry of Health and the ACA - the umbrella organisation for insurance companies - have signed an agreement to allow cured cancer patients to regain access to so-called outstanding balance insurances.

Previously, people who had been cured of cancer were either refused outstanding balance life insurance or given extremely high additional premiums due to their medical history. However, the new convention signed by both parties now prevents insurers from refusing former cancer patients.

Additionally, after a maximum of 10 years, depending on the type of cancer, the patient also no longer has to inform insurers that they had cancer. The same applies for patients who suffered from hepatitis C, if patients went for 48 weeks without a relapse.

HIV patients undergoing treatment and not considered infectious are also able to benefit from the right to be forgotten. Additionally, insurers can only charge an additional premium of 100% for HIV patients, rather than the previous 500 or 600%.

As Minister of Health Etienne Schneider explained, the right to be forgotten and limitation of additional premiums is designed to allow people the right to get housing. Previously, if a bank noted that the individual in question had an outstanding balance due on their insurance, then that person would not be able to get help, despite being considered cured.

The right to be forgotten will be applicable from 1 January 2020 onwards. The convention was signed by the ACA, Ministry of Health, and eight insurers' currently providing this type of insurance. The ministry will look to expand the principle to other illnesses in addition to cancer, hepatitis C, and HIV.

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