Cancer survivors to have 'right to be forgotten' 5-10 years after treatment

A public consultation on the "right to be forgotten" law for cancer survivors will be two weeks long and end on September 26, the backbench MP who is proposing the bill in parliament announced. 

Should parliament adopt MP Amanda Spiteri Grech's proposal, cancer survivors would no longer need to declare their diagnosis for jobs or financial services after 10 years from treatment, or five years if diagnosed before the age of 21.

The proposal highlights how cancer survivors face discrimination in employment and when accessing financial services, such as being charged higher insurance premiums or outright refusals, even when they are fully cured and leading stable, productive lives.

Spiteri Grech launched the consultation at the justice ministry building in Valletta and was flanked by Justice Minister Jonathan Attard who expressed the government's support for the plans. 

Italy has a similar law

Speaking in front of several stakeholders, Spiteri Grech said, “People who have cancer face discrimination. This is a reality. They face difficulties when applying for work and also when applying for financial services.”

The MP said the proposal was drafted after reviewing similar laws in other EU countries, including Belgium, Cyprus, France, Italy, the Netherlands, Romania, and Spain.

The remission period being proposed mirrors the one adopted in Italy.

Besides establishing remission periods, the proposal also suggests creating a review board composed of two medical professionals and a lawyer to resolve disputes regarding the last date of treatment. The board would have one week to issue a decision.

‘Over and above’ the EU directive

The proposal comes as member states must adopt the European Union’s Consumer Credit Directive by 20 November.

The directive states that cancer survivors applying for insurance linked to consumer credit agreements will not need to declare their previous diagnosis, at least 15 years after they are cured.

When asked why this directive was not mentioned, Spiteri Grech told Times of Malta that the consumer credit directive is “completely different” from what is being proposed.

“The consumer credit directive refers to particular services. Here we are talking about all services linked to the financial and employment sectors,” she said, while acknowledging that the proposal builds upon the EU directive.

For example, she explained that mortgage loans are not covered in the consumer credit directive but are included in the government’s proposals.

When asked whether the law needs to be in place by 20 November, she said that this proposal is a “principle over and above” the directive, which still needs to be transposed by that date.

Cancer survivors share their experience

Also speaking at the consultation were cancer survivors who shared their experiences.

Cancer survivor and doctor Isaac Zahra spoke about the struggles he faced after being diagnosed with leukaemia, including the lack of financial security even after being cured.

“I was stamped because of my cancer. Although we are cured, we must bear exaggerated costs. There is no reason to include our medical past. This is a form of discrimination that prevents us from living normal lives,” he said.

Another survivor recalled that when she applied for insurance on her loan, she ticked a box asking whether she had ever had cancer. After doing so, the insurance company raised her premium by 50 per cent, even though her chances of relapsing were the same as someone who never had cancer.

Banks and insurers say they 'do not discriminate'

The Secretary General of the Maltese Banks Association, Karol Gabaretta, acknowledged that banks may come across as being difficult, but stressed this was important since they deal with the “lifeblood of the Maltese economy.”

“Banks are not discriminating, and they never have been. They were acting on measures to reduce risk,” he said.

Nonetheless, he noted that survival rates have improved significantly and said the association is open to further discussion to find a balance between maintaining risk mitigation measures and offering fairer terms to cancer survivors.

Adrian Galea, Director General of the Malta Insurance Association, also said the sector is ready to engage in the debate.

“There is no doubt that there will be a solution,” he said. “Insurance companies do not discriminate. Premiums vary because everyone carries different risks.”

Those wanting to send their opinions on the plan can do so via email: amanda.spiteri.1@parlament.mt