PROTECTION AGAINST ADVERSE CONSEQUENCES FOR PERSONS WHO RECOVERED FROM ONCOLOGICAL DISEASES (RIGHT TO BE

FOR PERSONS WHO RECOVERED FROM

ONCOLOGICAL DISEASES (RIGHT TO BE FORGOTTEN)

CHAPTER 657

PROTECTION AGAINST ADVERSE

CONSEQUENCES FOR PERSONS WHO RECOVERED

FROM ONCOLOGICAL DISEASES (RIGHT TO BE

FORGOTTEN) ACT

AN ACT to provide for the Protection against Adverse

Consequences for Persons who recovered from Oncological Diseases

(Right to be Forgotten).

*

ACT X of 2026.

(1)

The short title of this Act is the Protection against

Adverse Consequences for Persons who recovered from Oncological

Diseases (Right to be Forgotten) Act.

(2)

This Act shall come into force on 1st January 2027.

In this Act, unless the context otherwise requires

"Board" means the Review Board established by article

5;

"contract of service" and "contract of employment" shall

have the meaning assigned to them in accordance with article 2

of the Employment and Industrial Relations Act;

"date of diagnosis" means the first day a qualified

medical professional determines a person has an oncological

disease;

"date of end of treatment" means the date of the last

active treatment in accordance with the applicable medical

protocol, and in case of a dispute between the recovered person

and the other party this date may be determined in accordance

with article 7;

"established period" means the period of time which has

elapsed since the date of the end of treatment without relapse;

"financial services agreement" means any life insurance

contract, bank loan agreement, or any other contract or

agreement ancillary thereto;

"medical history" means any medical records relating to

*Not yet in force.

FOR PERSONS WHO RECOVERED FROM ONCOLOGI-

CAL DISEASES (RIGHT TO BE FORGOTTEN)

the diagnosis and treatment of any oncological disease,

including any records which may pre-date the diagnosis if they

refer to the related testing, and also includes any follow-up

medical check-ups, tests, and results following the end of

treatment in so far as they relate to the oncological disease, and

it shall also include any inquiry, request, or disclosure, whether

oral or written, regarding whether a person has ever been

diagnosed with or treated for any oncological disease;

"Minister" means the Minister responsible for health;

"oncological disease" means any disease involving

abnormal growth and spread of cells in the body, commonly

known as cancer;

"other party" means the party offering a financial

services agreement, contract of service or contract of

employment;

"recovered person" or "person who recovered" means a

person who had been diagnosed with an oncological disease

and is in remission following successful treatment;

"relapse" means the recurrence of the oncological

disease following the end of treatment, and shall not include

any other health issues which may arise during the period

following the end of treatment even if emanating as a direct

consequence of the oncological disease.

(1)

For the purposes of entering into any contract of

service, contract of employment or financial services agreement, a

recovered person’s medical history shall not be requested, considered

or used in order to dissuade, impede or refuse access to any contract of

service, contract of employment or financial service, or to impose

more onerous conditions or to affect in any way the content of the

contract of service, contract of employment or financial services

agreement, if an established period of ten (10) years has elapsed since

the date of the end of treatment of the recovered person

Provided that in the case of diagnosis before the age of

twenty five (25) years, the established period shall be shortened to five

(5) years from the end of treatment

Provided further that the Minister, with the concurrence of

the Minister responsible for finance and the Minister responsible for

employment, may by means of regulations prescribe shorter

established periods under such conditions as may be specified and in

such case the shorter established periods and the conditions applicable

FOR PERSONS WHO RECOVERED FROM

ONCOLOGICAL DISEASES (RIGHT TO BE FORGOTTEN)

thereto may be included in a Schedule.

(2)

The medical history referred to in this article may not be

requested or acquired even from sources other than the recovered

person or the other party, and in case it is made known or made

available to the other party, such medical history shall not be considered

or used in order to refuse access to any contract of service, contract of

employment or financial services agreement, or to impose more

onerous conditions or to affect in any way the content of the contract

of service, contract of employment or financial services agreement, if

the established period as established in this Act has elapsed.

(3)

Where when entering into a financial services agreement

subsequent to the coming into force of this Act the established period

has not yet elapsed, the financial services agreement is to specify that

after the relevant established period elapses, consideration of the

medical history of the recovered person may no longer be made and

any clause which affects the content of the financial services

agreement based on the medical history shall no longer have effect

from the date when the established period elapses

Provided that the medical history of the recovered person

held by the other party shall, subsequent to the lapse of the established

period, be anonymised and the recovered person shall be notified in

writing that such anonymisation has taken place.

(4)

Where a financial services agreement exists prior to the

coming into force of this Act and includes a clause which is

incompatible with this Act, and the established period has elapsed or

shall elapse on or after the coming into force of this Act, the respective

clause shall cease to have effect and shall be considered null and void

in accordance with article 4 as from the date on which the established

period has elapsed or from the date of coming into force of this Act,

whichever is the later

Provided that the medical history of the recovered person

which was held by the other party shall, subsequent to the established

period elapsing, be anonymised and the recovered person shall be

notified in writing that such anonymisation has taken place.

(5)

Where medical history of a recovered person was requested

when the person entered into a contract of service or a contract of

employment prior to the coming into force of this Act and the medical

history is still being held by the other party, it shall, subsequent to the

lapse of the established period, be anonymised and the recovered

person shall be notified in writing that such anonymisation has taken

place.

(6)

In all cases mentioned in sub-articles (3) to (5) it shall be the

FOR PERSONS WHO RECOVERED FROM ONCOLOGI-

CAL DISEASES (RIGHT TO BE FORGOTTEN)

responsibility of the recovered person to inform the other party that the

established period has elapsed, and the effect of the aforementioned

sub-articles shall only operate from the date when this information

reaches the other party

Provided that in case of a dispute as to the date of the end of

the treatment any of the parties may refer the matter to the Board in

accordance with article 7.

Where any clause in a contract of service, contract of

employment or financial services agreement breaches any provision of

this Act, the respective clause shall be null and void limitedly to such

breach but such breach shall not nullify the entire contract

Provided that the nullity of such clause shall not operate in

such a way as to deny any rights which the recovered person may have

acquired through the same clause, in which case the clause shall still

have effect only to the said extent.

(1)

There shall be a Review Board having the functions

established in this Act.

(2)

The Review Board shall be composed of a Chairperson and

two (2) members appointed by the Minister. The Chairperson shall be

a person who has practised as an advocate in Malta for a period or

periods amounting, in the aggregate, to not less than seven (7) years,

and the two (2) members shall be medical professionals having

qualifications and experience in the field of oncological diseases

Provided that where in the opinion of the Minister it is not

possible or practical due to particular circumstances for the Board to

be composed as aforesaid, the Minister may appoint members of the

Board as he considers to be suitable for the carrying out of the

functions of the Board in accordance with this Act in the

circumstances

Provided further that the Minister may also appoint

substitute Chairpersons and members if the office of Chairperson or a

member is vacant or if for any reason such Chairperson or member is

unable to perform the functions of his office. The Minister may also

appoint different compositions of the Board.

(3)

The Chairperson and members of the Board shall be

appointed for a period of three (3) years, and shall be eligible for re-

appointment.

(4)

In the exercise of their functions the Chairperson and

members of the Board shall not be subject to the direction or control of

any other person or authority.

FOR PERSONS WHO RECOVERED FROM

ONCOLOGICAL DISEASES (RIGHT TO BE FORGOTTEN)

(5)

The Board may act notwithstanding any vacancy in its

composition.

(6)

The Minister shall appoint a person to act as Secretary to the

Board.

(7)

The Chairperson and Members of the Board may be

removed by the Minister prior to the expiry of their term of office only

on the ground of proven inability to perform the functions of their

office whether arising from infirmity of body or mind or any other

cause, or for proven misbehaviour.

(1)

The Board shall carry out the following functions

(a)

the determination of the date of diagnosis and, or

the date of the end of treatment in accordance with the

procedure established in article 7;

(b)

the recommendation of the review and reduction

of established periods for specific oncological diseases that

shall be included by the Minister in the Schedule, in accordance

with scientific and medical progress and article 3;

(c)

any other such function as may be assigned to it

by the Minister for the proper implementation of this Act.

(2)

Proceedings before the Board shall be held in camera and

shall be confidential.

(3)

The Board shall, in the exercise of its functions, have the

power to take decisions, make recommendations, issue rulings and

refer to the relevant authorities for action, assistance or information.

(4)

The Board shall have the power to access all medical

records held by any public or private health care provider which are

relevant to the requests made to it.

(5)

The Board may, whenever it deems necessary, engage one

(1) or more persons, whom it considers to be in possession of suitable

expertise to assist it in carrying out specific tasks requiring such

expertise, and, for this purpose, the Board may impose such conditions

as it considers necessary.

(6)

The Board shall at the end of each year, or earlier if so

requested, make a report of its activities to the Minister. The said

report shall be laid on the Table of the House by the Minister in a form

which respects the confidentiality of personal data

Provided that the report

may

include

anonymised

information for statistical purposes.

FOR PERSONS WHO RECOVERED FROM ONCOLOGI-

CAL DISEASES (RIGHT TO BE FORGOTTEN)

(1)

In cases to which the provisions of articles 3(3), 3(4),

and 3(5) apply, if a dispute arises as to the date of diagnosis and, or the

date of the end of treatment, either party may submit an application

before the Board for determination of the dispute.

(2)

Without prejudice to the generality of article 6(3), the Board

may request access to any medical history data from the recovered

person, strictly for determination of the date of diagnosis and, or the

date of the end of treatment, sohowever that the other party shall not

have access to such data.

(3)

The determination is to be made expeditiously and without

delay and the Board shall endeavour to make such determination not

later than one week from when the application is made

Provided that if the Board makes a request for data the

above referred time limit may be extended for a period of not more

than one week from the receipt of data.

(4)

In determining the end of treatment, the Board shall not take

into account any treatment, medicine, testing or other health-checkups

which are not specifically administered as part of the direct removal or

eradication of cancer cells or direct treatment of the oncological

disease. For the avoidance of doubt, long-term treatments such as

hormone therapy and maintenance chemotherapy used to prevent

relapse and, or improve prognosis shall not operate to extend the

established period.

(5)

The decisions referred to in this article shall be

communicated in writing solely to the parties and may not be

distributed further.

(6)

The effects of sub-articles 3(3), 3(4) and 3(5) shall operate

(a)

from the date established by the Board if the date

of end of treatment provided by the recovered person in

accordance with article 3(6) is found to be incorrect; or

(b)

retroactively from the date of end of treatment

provided by the recovered person in accordance with article

3(6), if this date is confirmed by the Board.”.

The Minister may make regulations as authorized under this

Act, including Schedules annexed to this Act within the parameters of

article 3, and in general for the better implementation of the provisions

of this Act

Provided that any Schedules which the Minister may make

shall be revised at least once a year.

FOR PERSONS WHO RECOVERED FROM

ONCOLOGICAL DISEASES (RIGHT TO BE FORGOTTEN)

Any person, not being the recovered person, who fails to

abide by the provisions of the Act or fails to comply with any order or

request made by the Board shall be guilty of an offence and shall be

liable, on conviction, to a fine (multa) of not less than five hundred euro

(€500) and not more than five thousand euro (€5,000), as well as a

penalty for each day during which the failure to comply with this Act

subsists, which daily penalty shall not be less than ten euro (€10) and not

more than one hundred euro (€100).