Irish cancer survivors need ‘right to be forgotten’ to fight discrimination by insurers, conference hears

Francoise Meunier, founder of a European initiative on ending discrimination against cancer survivors, and a former director general of the European Organisation for Research and Treatment of Cancer, said Ireland’s recently introduced code of conduct in this area by the insurance industry did not go far enough.

“I don’t like it because it is not legally binding,” she told the Joint Euro-American Forum on Cancer in Farmleigh, Dublin.

Luxembourg and Greece are among a number of other countries that also have a code of conduct, but a law that is harmonised across the EU is needed.

Last December, Insurance Ireland said a new voluntary code of practice would see insurers disregard a cancer diagnosis where treatment ended more than seven years before an application for products such as life, mortgage protection or income protection policies.

Where an applicant was under 18 at the time their cancer treatment stopped, the right to be forgotten will apply after five years.

Cover of up to €500,000 per applicant is to be allowed under the revised code, a ceiling that Insurance Ireland says covers more than 90pc of mortgage protection policies issued in the State.

However, it is still not underpinned by legislation. A spokesperson for the Department of Finance said the right to be forgotten aims to ensure equal access to financial services for individuals who have recovered from a previous illness.

In the case of insurance, the initiative seeks to prevent providers taking into account such illnesses, particularly cancer, when calculating the risk involved in providing cover. For example, in the case of mortgage protection insurance, the insurer would not be allowed to refuse cover, charge an additional premium or exclude any risks due to the previous illness.

The spokesperson said: “When a consumer is taking out a life assurance policy, companies will have to take the existence or potential of medical conditions into consideration and assess each case individually. Decisions on the cost and availability of these products depend on the individual circumstances of the applicant, such as age and health at application as well as past history.

“The Department continues to monitor ongoing policy developments at EU level to address fair access for cancer survivors to financial services.”

She said this includes the European Commission’s proposal to develop an EU-wide code of conduct this year, under “Europe’s Beating Cancer Plan”.

Insurance Ireland has appointed an external reviewer to ensure that the provisions of the code of practice have been implemented and are being adhered to.

The first review will take place next January, in order to review implementation, with the next review due in 2028 and every three years thereafter.

In November 2022, the Central Bank (Amendment) Bill 2022 was introduced into the Seanad, which aims to enshrine the right to be forgotten into law. It is a Private Members’ Bill rather than a government one, and is currently at second stage in the Seanad.