Adoption by the Senate of the Project of Law for the modernisation of the French Health System (consecration of the right to oblivion)

The Senate has adopted on October 6th 2015 a Project of Law establishing the right to oblivion for the persons who were previously affected by cancer, which had already been adopted by the National Assembly on April 14th 2015.

This law specifies the delays defined by the Convention "AREAS" (ensure and borrow with an aggravated risk of health). This law brings the two following significant changes:

  • The limitation to 10 years (from the end of the therapeutic protocol) of the delay beyond which no more medical information can be gathered by the insurance companies and to 5 years for all cancer pathologies which happened before the age of eighteen years old.
  • The interdiction for the insurance companies to jointly apply additional premiums and exclusion of guarantee at the time of the subscription of a loan.

Thus this law limits the possibility of access to personal information by insurance organisms, which had the consequence to limit the access to credits for the persons who had been victims of cancer.