Luxembourg Advances “Right to Be Forgotten” Law

The Socialist Workers’ Party (LSAP) in Luxembourg has recently tabled a landmark bill in parliament aimed at protecting individuals who have fully recovered from serious illnesses from discrimination in insurance and mortgage applications. The proposed legislation seeks to enshrine the “right to be forgotten” into law, ensuring that past medical conditions no longer result in financial or social penalties.

Currently, individuals who have survived severe illnesses often face significant barriers. They may encounter higher insurance premiums, difficulties securing mortgages, or limited access to other financial services. Taina Bofferding, leader of LSAP’s parliamentary group, emphasised, “This is not merely a legal issue; it is a reflection of our society’s solidarity. Ensuring that recovered individuals can fully reintegrate and lead complete lives is a responsibility we must uphold.”

At present, oversight is provided through a voluntary agreement between the Luxembourg Insurance and Reinsurance Association (ACA) and the Ministry of Health. However, this arrangement is limited in scope: it applies only to mortgages and payment protection insurance, and is capped at €1 million. The new legislation would extend the “right to be forgotten” across a broader spectrum of loans and insurance products, thereby widening protection for recovered patients.

Claude Haagen, an LSAP parliamentarian, added, “Those who have once suffered from serious illness and recovered should not be penalised for their medical history. Advances in treatment have significantly improved recovery rates, and our policies must reflect that progress.” A key feature of the bill is the dynamic expansion of the list of covered conditions. Rather than a fixed catalogue, a dedicated follow-up committee will review and update the list every six months. This committee will include representatives from the insurance sector, national health authorities, consumer protection agencies, and medical experts.

Both Bofferding and Haagen stressed that the issue transcends party politics, expressing confidence that the legislation will receive cross-party support in parliament.

While the exact number of fully recovered individuals in Luxembourg is unknown, cancer statistics provide an indication of the scale of recovery. Approximately 3,400 new cancer cases are diagnosed annually in the Grand Duchy, with an estimated 18,000 people currently living with a history of the disease.

LSAP anticipates that, once enacted, the law will safeguard recovered individuals from financial and social discrimination, representing a significant stride towards equality, social justice, and solidarity in Luxembourg. By implementing this legislation, the country aims to become a more compassionate society, where a person’s medical history no longer dictates the opportunities available to them.