Bill 350.

Summary.

The bill establishes a right to be forgotten in relation to cancer for people who have overcome an oncological condition when contracting for banking, credit, and insurance services. Its stated purpose is to ensure equality and freedom from discrimination in those transactions. It provides that, if five years have elapsed between the end of treatment and the signing of a contract without a subsequent relapse, the person is under no obligation to disclose that they had the condition.

Once that period has elapsed, banking, credit, and insurance entities could not consider a person's cancer history when setting clauses, stipulations, more burdensome terms, exclusions, restrictions, or other discriminatory conditions in the services they offer. The bill declares void such clauses and conditions directed at a person who had an oncological condition before signing the contract, provided five years have passed since treatment ended without a subsequent relapse. These general provisions address both disclosure by the person seeking a service and the provider's use of the person's medical history when setting contractual terms.

For insurance contracts, the bill adds paragraph 12 to Article 243 of Law 12 of 2012. This makes the right not to disclose a cancer history, and not to have that history considered after five (5) years from the end of treatment without relapse, a basic and non-waivable right of policyholders and insured persons. It also adds paragraph 7 to Article 246 of that law. Under that addition, standard terms in insurance contracts that impose more burdensome conditions, exclusions, restrictions, or other discrimination based on such a history in those circumstances are abusive and absolutely void.

For banking, the bill adds paragraph 5 to Article 194 of Decree Law No. 9 of 1998. It gives bank customers the basic and non-waivable right not to disclose a cancer history or have it considered once five (5) years have passed since treatment ended without relapse. For finance companies, it adds paragraph 17 to Article 51 of Law 42 of 2001. The added provision prohibits clauses, stipulations, more burdensome conditions, exclusions, restrictions, or other discrimination targeting people who had an oncological condition before contracting, once the same period has elapsed.

Article 9 lists the additions to Law 12 of 2012, Decree Law No. 9 of 1998, and Law 42 of 2001. Article 10 provides that the law would take effect on the day after its promulgation. The bill concerns banking entities, finance companies, and insurers, together with policyholders, insured persons, and bank customers who have overcome an oncological condition.