Right to be forgotten and cancer: shortened to 5 years, new

The law on the “right to be forgotten” period for cancer patients was adopted by Parliament on February 17, 2022. The period will be officially reduced from 10 years to 5 years. What is this ? What are the conditions today? Learn it all at Maître Muriel Bodin, a Parisian lawyer who specializes in health law.

February 17, 2022, A bill to reduce the right to be forgotten of people with cancer to five years was decisively adopted by Congress...This law Also, medical surveys on mortgages under € 200,000 will be removed. This deletion Effective June 1st 2022.Parliament and Senate agreed on final version Of the bill In connection with “Fairer, simpler and more transparent access to the borrower insurance market“For Cancer Patients on February 3, 2022. The bill was submitted on October 29, 2021 by MP Patricia Lumoin and some of her colleagues.

Definition: What is the right to be forgotten?

Extra charges, warranty exclusions, borrower insurance exorbitant charges …Taking a bank loan in France after cancer is a real obstacle course. However Law on modernization of our medical system Promulgated on January 26, 2016 within the framework of the established AERAS Agreement Right to be forgotten. This measure enables ex-cancer patients Hide their medical history when borrowing a bank loan 10 years after the end of the treatment protocol.. Until then, they had to declare their illness. Measure 14 is “People suffering from childhood cancer do not have to declare their illness 5 years after the end of the treatment protocol“. And likewise that”All ex-patients do not have to declare it 10 years after discontinuing treatment, whatever the cancer they were suffering from. “..

What are the conditions for cancer patients?

according to Current AERAS contract To apply the right to be forgotten mechanism (insurance and borrowing when health risk worsens), two conditions must be met:

  • The nature of the loan : Insurance contracts cover allocated or dedicated consumer loans, professional loans for the acquisition of facilities and / or equipment, real estate loans.
  • Insurance contract maturity Need to intervene Before the borrower’s 71st birthday.

The agreement also specifies itInsurance companies cannot request medical information related to the subject’s cancerous pathology Since she was diagnosed. from now on, The right to be forgotten is set at 5 years for all cancers and hepatitis C, and there is no distinction by age at which the cancer was diagnosed. In addition, the adopted text includes Sending insured health information to insurance companies or abolishing health checkups for loans with a per capita share of less than € 200,000 It expires before the insured’s 60th birthday.This deletion It will take effect on June 1, 2022.

Are all cancers affected by the new law?

“”Right to be forgotten Chronic diseases such as diabetes, as well as everyone suffering from cancer, regardless of location or histology. Those who want to borrow“, Answer the specialist.

How long does the right to be forgotten apply to cancer patients?

from now on, The right to be forgotten is set at 5 years for all cancers and hepatitis C, and there is no distinction by age at which the cancer was diagnosed. On the other hand, this is The deadline for childhood cancer has not changedThat is, 5 years after the end of the treatment protocol, if there is no recurrence.

What are the new conditions for borrower insurance?

According to the text adopted when the Diet first read it, A person with a mortgage can cancel the borrower insurance at any time. Previously, some texts had already reformed mortgage credit insurance.

  • The “Lagarde method” As of July 1, 2010, the right to freely choose borrower insurance has been opened.
  • The “Hammon’s Law” As of March 17, 2014, cancellation was permitted at any time from the first year of the contract.
  • The fix says “Birkin” in “Sapin 2 method” As of December 9, 2016, this dismissal right has been extended beyond the first year.

but, “None of these legislative measures have ever actually enabled liberalization. Creditor insurance market remains quasi-monopoly in favor of banks“”, Declared Deputy Patricia Lumoin at the source of the bill.Consumer-unfavorable market Sales of nearly 7 billion EUR. Current, The Joint Committee examines the following provisions of the bill to be voted on and Targets of possible amendments in parliament:

► “The due date considered for exercising the right to cancel Article L.113 12 of this code is at the insured’s choice. The anniversary of the signing of the loan offer by the latter or any other expiration date specified in the contract“. “But the Mixed Parity Commission said The notice attached to the loan offer states that the borrower may terminate the contract at any time. In addition, the provisions regarding the description of due dates will be deleted. Therefore, we must wait for the final vote of the bill to determine this point.“, Specify Master Muriel Bodin.

► “the The lender needs to contact the borrower, Paper or other durable medium, Loan offer signing dateReceive this signed offer, make it available to the borrower and list it in all documents related to his loan.. (Art. L. 313-30-1.)

► “Each year, the insurer, mutual insurer, or union will notify the insured in paper or other durable medium: Termination rights provided Article L.113-12 states the conditions for dismissal and the deadline for various notices and information he must respect. “..

Thanks to Maître Muriel Bodin, a Parisian lawyer who specializes in health law.

source:

-“”Reduced right to be forgotten to facilitate access to credit for ex-cancer patients“, February 18, 2022, Ministry of Health.

-“Expanding the Right to Be Forgotten for Former Cancer Patients,” February 21, 2022, government.fr

-“”Claims for fairer, simpler and more transparent access to the borrower insurance market“, February 3, 2022, Vie-publique.

-Right to be forgotten: Easier access to credit for people suffering from serious illness, February 14, 2017, Ministry of Health.

-“Law for the Modernization of Our Health System”, January 28, 2016, Ministry of Health.