Law no. 193/2023 introduced the right to be forgotten for former cancer patients into the Italian legal system, the subject of the Bulletin published on January 4, 2024 and to which we refer for a general overview of the new institute.
We return to this topic for some recent updates, both explanatory and supplementary to the law, which affect not only companies in specific sectors, indicated by the law (banks, financial institutions, investment companies, insurance companies; art. 2, l. no. 193/2023) but also all employers for procedures of competitions and selection of candidates (art. 3, l. cit.); in addition to applicants for adoption (art. 4, l. cit.).
Regulatory framework
The regulatory framework concerning the right to be forgotten for former cancer patients is multi-layered:
- general principles and rules are contained in the primary source of Law No. 193/2023
- provisions concerning:
- the list of the types of cancer for which the right is acquired in less time than the 10 years provided in general (Article 5.2, Law no. 193/2023)
- the procedures for drafting and submitting the application and related certification (Article 5.1, Law no. 193/2023)
- the procedures for implementing the exercise of the right in child adoption procedures (Article 3.2, Law No. 193/2023)
- the promotion of active policies to ensure equal opportunities in employment (Article 4.2, Law No. 193/2023)
are entrusted to specific ministerial decrees as secondary regulatory sources;
- Finally, the modalities of implementation of the contractual prescriptions, in the banking, financial and insurance fields, possibly by preparing forms, are delegated
- to the Interministerial Committee for Credit and Savings (CICR) for banking and financial contracts
- to the Insurance Supervisory Authority (IVASS) for the insurance sector (Article 2.7, Law No. 193/2023).
