Cancer survivors and people living with chronic conditions might theoretically have an increased risk of premature death or disability, which his why insurance companies are sometimes reluctant to grant them outstanding balance insurance on the same terms as healthy citizens. In Belgium, however, a “Right to be forgotten” – i.e. a right not to have this medical history impact their outstanding balance insurance contract – has been established by the law of April 4th, 2019 for those who have been officially declared cured of certain types of cancer or who live with certain chronic conditions.
The law of 30 October 2022 has extended this right to be forgotten to allow people who have been declared cured of cancer for at least 8 years (5 years for young patients diagnosed before the age of 21) to take out outstanding balance or guaranteed income insurance. In this context, the cancer cannot be a cause for higher premiums or for a downright refusal from the insurer. From January 1st, 2025, this timeframe will be reduced to 5 years for all people cured of cancer.
Specific rules may be set for certain types of cancer and chronic conditions regarding waiting periods, additional premiums and/or refusal of insurance. This is specified in two lists (called “reference grids”) published in the form of Royal Decrees. The KCE has been entrusted with re-evaluating these lists every two years, taking into account medical progress and scientific data. It can then propose changes to the list to the Price Monitoring Office for outstanding balance insurance policies.
“Right to be Forgotten” reports already published:
Call for proposal, selection and ranking procedures health problems to be studied
Information on the Right to be Forgotten legislation can be found in the first chapter of the supplement to the scientific report on type 1 Diabetes
Reference grids for the Royal Decree of 26 May 2019 (133.42 KB) "pdf" and the Royal Decree of 7 June 2023 (official documents available in French and Dutch only)
The KCE regularly issues calls for proposals to identify new diseases that could be included in the reference grids, after evaluation. These proposals may be submitted by any person or association concerned by cancer or a chronic disease (citizens, patient or consumer associations, organisations, political decision-makers, etc.). If you would like to be kept informed of our “Right to be Forgotten” calls for proposals, please register here (check 'Call Right to be forgotten')
