Access to financial instruments for cancer survivors and the right to be forgotten - IPRS

Access to financial instruments for cancer survivors and the right to be forgotten + - Opozorilo: Mnenje je bilo izdano na podlagi določb Zakona o varstvu osebnih podatkov (ZVOP-1, Uradni list RS, št. 94/07 - uradno prečiščeno besedilo), ki je z dnem

2. 2023 prenehal veljati in ga je nadomestil nov Zakon o varstvu osebnih podatkov (ZVOP-2, Uradni list RS, št. 163/22), zato mnenje ni več nujno aktualno. Mnenja po ZVOP-2 so na voljo tukaj. Datum: 19.11.2020 Številka: 07126-1/2020/63 Kategorije:Pravica do pozabe, Pravne podlage, Zavarovalništvo, Zdravstveni osebni podatki --> Kategorije: Pravica do pozabe, Pravne podlage, Zavarovalništvo, Zdravstveni osebni podatki The Information Commissioner received your e-mail of 30 October 2020, where you described the research project on access to financial services for cancer survivors you are involved in. You describe the aim of the project as being the assessment of the level of accessibility for cancer survivors to financial services, once their treatments end. You mentioned that you research focuses on the right of cancer survivors not to declare their cancer (10 years after the end of the active treatment and 5 years for cancers under 18 or 21) when they apply for loans, mortgages, insurances or other financial services. The European Commission in their plan also mentions the right to be forgotten as an example of best practice to tackle the stigma and the financial discrimination experienced by cancer survivors. You would like to know, how the issue is tackled in Slovenia. In particular, you ask whether a person, applying for a mortgage, loan or life insurance in Slovenia has the obligation to provide information about his or her health status and past diseases. In addition, you would like to know whether there is a specific legal provision recognizing the right to be forgotten in Slovenia and whether there is an ongoing debate among the political parties on this issue. In accordance with Article 268 of the Slovenian Insurance Act, which pertains to all sorts of insurance agreements (property and life for example), insurance companies may gather, among others, information on “relevant” health status of the insured person and the injured party, including the provision of medical services, previous injuries and medical condition, the type of bodily injury, the duration of treatment and the consequences for the injured party and the insured. Such information on health status and treatment may only be processed to the extent which is deemed appropriate and necessary (Paragraph 3 of Article 268 of the Slovenian Insurance Act). Herewith, the Slovenian legislation incorporates the proportionality (data minimisation) principle, which should be a relevant consideration when talking about the right to be forgotten. Namely, Article 5