Chile: New law establishes the right to be forgotten for Cancer Survivors

Bofill Mir - Ley Nacional del Cancer con la finalidad de consagrar el derecho al olvido oncológico. 
 

On February 13, 2024, Law No. 21,656 came into force and was published in the Official Gazette, incorporating article 8 bis to Law No. 21,258, the National Cancer Law, in order to establish the right to oncological oblivion. The newly incorporated article 8 bis establishes that once 5 years have elapsed since the conclusion of the treatment of an oncological disease, without any subsequent relapse: 

- Clauses, stipulations and more onerous conditions, which exclude or discriminate against persons who have suffered an oncological pathology before the date of subscription of the contract or legal business in question, will be null and void.

- The request for information or the obligation to declare having suffered an oncological pathology is prohibited.

- No insurer may consider oncologic antecedents for the contracting of insurance. It also establishes the nullity of clauses that contemplate the waiver of the rights contained therein, establishing complaints and actions aimed at sanctioning whoever incurs in such infringement, being applicable the regulations contained in Law No. 19,496, on the protection of consumers’ rights.

Although the law does not directly refer to the discipline of personal data protection, it is clear that information on oncological pathologies constitutes sensitive data as defined by Law No. 19,628.In this sense, health care providers, insurers and any entity that stores this sensitive data should manage their treatments to eliminate oncological information that complies with the standards set forth by Law No. 21.656.

Also, on the occasion of the draft law on personal data, the holders will be able to demand and denounce to the Agency when they are requested to inform about this data in accordance with the principle of proportionality, and they will also be able to demand its elimination by virtue of the right of suppression that every holder has, in order to avoid discrimination in this regard.Also, on the occasion of the draft law on personal data, the owners may demand and denounce to the Agency when they are requested to inform about these data in accordance with the principle of proportionality, and they may also demand their deletion by virtue of the right of deletion that every owner has, in order to avoid discrimination in this regard.

Authors:
Andrea Abascal (Partner) - Ana Maria Verdugo (Senior Associate) - Jorge Tisné (Senior Associate)

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