Anyone who has had a serious illness may still be penalised for the rest of their lives, for example when taking out life insurance or applying for a mortgage.
A bill to anchor the right to be forgotten into law has already been tabled. Until now, higher premiums or even refusals could stand in the way of home ownership. RTL’s Monica Camposeo met Carine Marmann, a woman who experienced exactly that.
After having a liver transplant at the age of 16, Marmann was told that she could live a “relatively normal life”. In the years that followed, the transplant faded into the background, she explained. It wasn’t until 14 years later, shortly after the birth of her first child, that things took a turn. As Marmann and her husband were looking to buy a house, her application for life insurance which tied to their mortgage was rejected: “That was like a slap in the face,” she said.
The news was particularly shocking, as she had experienced no problems in the 14 years since the transplant, only to be confronted with it as an adult.
Currently, an agreement between the Insurance Companies Association (ACA) and the Ministry of Health regulates “Right to be forgotten” requests relating to mortgages. However, the right to be forgotten only applies to certain conditions, such as cancer, hepatitis and HIV. Transplants, for example, are not included, which led to the refusal in Carine Marmann’s case.
A bill aiming to legally enshrine the right to be forgotten, was proposed by the Luxembourg Socialist Workers’ Party (LSAP), as well as a draft put forward by several ministries. The law would introduce a number of changes. The period after which an illness no longer needs to be declared would be reduced from 10 to 5 years. Consumer credit would also be included and, in some cases, additional conditions covered, explains Minister of Consumer Protection Martine Hansen.
The list of conditions will be set out in a Grand-Ducal Regulation, according to Health Minister Martine Deprez. It should be accessible to everyone and updated flexibly by the authorities. For this reason, the ACA is represented on the Committee for the Right to Be Forgotten, alongside medical professionals. A good balance is important for insurers, says ACA director Marc Hengen. Financial considerations inevitably do play a role, he adds, but insurers are prepared to keep pace with medical progress. The creation of a legal framework is therefore welcomed.
For Carine Marmann, the law is also an important step. While everything ultimately worked out for her, many young people are still facing major decisions ahead in their life. It will be them, who will rely on a law like this, she added.
