Right to be Forgotten Introduced for Cancer Survivors in Luxembourg

Luxembourg has introduced the “right to be forgotten” to facilitate insurance access for cancer survivors.

On Tuesday, Luxembourg’s Ministry of Health and the Luxembourg Insurance and Reinsurance Association (ACA) signed an agreement with eight insurance companies marketing “outstanding balance” insurance, thereby establishing a right to be forgotten in the Grand Duchy.

The agreement, which is the result of the work of a working group set up under the National Cancer Plan, aims to allow former cancer patients to access a loan under acceptable or reasonable conditions.

By signing this agreement, Luxembourg has become the third country in Europe, after France and Belgium, to have implemented a "right to be forgotten" in the framework of outstanding balance insurance. The objective is to facilitate access to this type of insurance for people presenting an increased risk due to a cancerous condition and, under certain conditions, a viral infection with hepatitis C or an HIV infection.

Deputy Prime Minister and Minister of Health, Étienne Schneider, commented: "For me, the introduction of the right to be forgotten regarding insurance in Luxembourg for people cured of cancer and certain other diseases is a first step towards the equitable treatment of patients who have suffered a serious illness in relation to other citizens. Given the therapeutic advances, this agreement allows a correct assessment of risk when subscribing to an insurance contract”.

In this context, the ACA has recommended that any insurance company marketing outstanding balance insurance on Luxembourg territory adhere to this agreement.

In practice, when applying for this type of insurance for a mortgage loan, the cancer survivor is entitled not to declare their condition in the following cases: when ten or more years have passed since the end of the active cancer treatment; when the therapeutic protocol ended five or more years ago for a cancer diagnosed before the age of 18; when there has been no relapse.

Nevertheless, there are various exceptions. For instance, in some cases former cancer and hepatitis C patients are required to declare their past illness when applying for outstanding balance insurance, although, if certain conditions are fulfilled, the insurer cannot reject the applicant’s request for insurance nor can they demand extra premium on this basis.

Similarly, applicants undergoing treatment related to an HIV infection would have to declare their condition, but an insurer cannot, if the conditions are met, exclude the applicant nor can they ask for a surcharge higher than 100%. To date, people with HIV cannot be considered "cured" in the sense of the right to be forgotten, as active treatment remains in place for life and even if they are treated, they still have a higher risk of a relapse.

Christian Strasser, president of the ACA, said: "Signing this convention on the right to be forgotten with the Ministry of Health is a huge step forward. Taking into account medical progress, insurers are participating in a fairer society in which people who have suffered from certain serious pathologies will be able to access the property on the same terms as others. It marks the desire of Luxembourg insurers to exercise their social responsibility".

In order to ensure the proper application of this agreement and compliance with the commitments of the parties, a monitoring and re-evaluation committee will be set up. The committee will be composed of representatives of the Luxembourg State, ACA and signatory insurance companies, as well as patient associations and foundations, the National Cancer Institute (NIC) and the Health Department. The committee of experts will be able to analyse whether an applicant fulfils the conditions set out in the agreement, examine any claims or even favour an amicale settlement of the claims brought before it.

The agreement will come into effect on 1 January 2020 and has no retroactive effect.