# The law on oncological oblivion in the Italian and European context: How to best uphold the cancer patients’ rights to privacy and self-determination?

## TL;DR

Italy's law allows cancer survivors to withhold their medical history after a certain period to prevent discrimination, and this article compares it with other European laws.

## Contribution

The paper analyzes the implementation and medicolegal implications of Italy’s oncological oblivion law one year after its enactment.

## Key findings

- Italy’s Law No. 193 aligns with constitutional principles to protect cancer survivors’ rights.
- Balancing privacy and collective security is crucial in high-risk professions or insurance contexts.
- More effective protections are needed to prevent discrimination and ensure equality for cancer survivors.

## Abstract

Italy’s oncological oblivion law codifies the right for cancer survivors to choose not to disclose their medical history under certain conditions, after 10 years from the end of treatment, or 5 years if diagnosed under the age of 21, in order to prevent discrimination in social, work, and professional opportunities.

This article compares Italy’s law with other European countries’, aiming to analyze its implementation 1-year post-enactment and its medicolegal implications. Official sources and research from platforms like Google Scholar and PubMed were used.

Oncological oblivion was first mentioned in the EU’s General Data Protection Regulation and further emphasized in the European Parliament’s 2020 resolution. Italy’s Law No. 193, enacted on December 7, 2023, aligns with constitutional principles to ensure freedom and equality for cancer survivors.

Balancing privacy rights with collective security is crucial, especially in high-risk professions or insurance, where data concealment could raise ethical and legal issues.

In conclusion, while the initiatives implemented thus far are cutting-edge, there is an increasing necessity for more effective protection of the rights to privacy, self-determination, and psychological support to stave off patient discrimination. This is essential to ensure true equality among insured individuals.