Medical right to be forgotten

The medical right to be forgotten bars an insurer from taking account of a condition whose treatment protocol ended a set period ago without relapse, and it goes further than a mere pricing limit: the applicant need not disclose it, and the insurer may neither ask about it nor rely on it afterward to contest a claim. Technically it is a deliberate break with actuarial logic, since the history stays statistically significant well past the chosen period; the legislature judged that the penalty of lifelong exclusion from credit outweighed the pricing gap. The rule was built in stages, first inside the reference grid of the AERAS agreement, then in statute, with a period that shortened and a scope that widened beyond cancer alone. Its effectiveness depends entirely on policing the health questionnaire, since asking the forbidden question would be enough to sidestep the rule. The problem solved is the double penalty, where recovery restored neither the loan nor the life plan that depended on it.

France's act of January 26, 2016 wrote the right to be forgotten into law with a ten year period after the end of the treatment protocol, cut to five years for cancers diagnosed before age eighteen. The Lemoine Act of February 28, 2022 unified the period at five years whatever the age at diagnosis and extended it to hepatitis C, while removing the health questionnaire altogether below 200,000 euros per borrower.

oubli des antécédents de cancer, non-déclaration des pathologies guéries