The ‘right to be forgotten’ law, passed in 2021, was described by João Silva Lopes as a “civilizational achievement.” However, he noted that previous socialist governments regrettably left it unregulated. The current government is now establishing rules to ensure that individuals who have overcome or mitigated serious illnesses, such as cancer, are not discriminated against when accessing credit or insurance.
“Those who have overcome or mitigated diseases should have access to the same conditions for credits and insurance,” said the official at a conference in Lisbon dedicated to the ‘right to be forgotten,’ organized by the ASF – Insurance and Pension Funds Supervisory Authority.
The official added that the regulation must balance the interests of both patients and businesses: “This change must be made in a balanced way, ensuring non-discrimination and protection of individuals while maintaining the sustainability of the system and the insurance industry,” he stated.
The law came into effect on January 1, 2022, guaranteeing access to credit and insurance for individuals who have overcome or mitigated serious illnesses. Nevertheless, the law remains unregulated.
Last September, Deco and patient organizations filed a complaint with the Ombudsman regarding the lack of a decree-law to regulate the legislation, arguing this has encouraged discriminatory practices.
The regulation will outline commitments such as the mandatory information to be disclosed on credit institutions’ and insurers’ websites, and it will establish a reference framework that provides more favorable terms and timelines for each illness or disability, detailing what information may be requested from patients.
At the ASF-organized conference, Deco’s Director-General Ana Cristina Tapadinhas remarked that, prior to the law, thousands faced financial and social exclusion that perpetuated the stigma of illness.
She cited the example of a young person who had leukemia at 16 and recovered but couldn’t obtain a mortgage at 28 due to the inability to secure life insurance.
Tapadinhas emphasized the law’s importance but criticized the lack of regulation that hinders its practical application, noting that many citizens are unaware of this right.
Deco praised the ASF for instructing insurers to clearly inform consumers of this right in writing and criticized the Bank of Portugal for not providing similar guidance to banks.
She also highlighted concerns about insurers studying consumer profiles online to identify risk behaviors, which she believes undermines the ‘right to be forgotten.’
For Galamba de Oliveira, President of the Portuguese Insurers Association (APS), clear regulation is crucial for insurers to manage financial risks effectively.
One key aspect of regulation is understanding the distinction between a ‘superior illness’ and a ‘mitigated illness,’ which is considered a more complex concept.
He stated that the decree-law should clarify which financial products the ‘right to be forgotten’ applies to, pointing out that in France, it is applicable only to first home loans, and Portugal needs to decide whether to adopt a similar approach.
Professor of law José Alberto Vieira remarked that the law is “a small bandage,” as insurers retain the commercial freedom to refuse insurance, but cannot justify it with clinical data, which they are not permitted to collect.
According to Vieira, the law allows individuals to mislead insurers, whether negligently or intentionally, arguing that the current law doesn’t solve the issue of non-discrimination and has weaknesses.
The ASF website features a page dedicated to explaining the implications of the ‘right to be forgotten.’
