‘Right to be forgotten’ for mortgage protection in place

‘right-to-be-forgotten’-for-mortgage-protection-in-place

From today insurers are required by law to disregard a previous cancer diagnosis when assessing applications for mortgage protection insurance, provided the cancer survivor has completed active treatment and been in complete remission for at least five years.

The provisions under the new ‘Right to be Forgotten’ legislation apply to mortgage protection insurance for a principal private residence up to a value of €650,000.

Previously, cancer survivors faced barriers in obtaining cover when buying a home or switching their mortgage – even years after their treatment had ended.

However, since December 2023 some insurers have operated a voluntary code of conduct under which diagnoses were disregarded after seven years from treatment completion, or after five years where the person was under 18 at the time of diagnosis for mortgage protection insurance up to €500,000.

Insurance Ireland CEO Moyagh Murdock said the new legislation is an “important and welcome milestone for cancer survivors across Ireland”.

“A previous cancer diagnosis should not continue to present unnecessary barriers for those who have completed treatment and are looking to move forward with their lives,” she said.

She added that the group’s members “took proactive steps in 2023 to introduce a voluntary code of practice, establishing a framework to improve access to mortgage protection insurance for eligible cancer survivors”.

The legislation originated as a Private Members’ Bill introduced by Fianna Fáil TD Catherine Ardagh, while organisations such as the Irish Cancer Society have long been campaigning for such a change in the law.

Minister of State Robert Troy said people “should not be punished financially for something that is entirely outside their control”.

He added: “These changes to the law will bring greater fairness to cancer survivors and their families across the country.

“Cancer Survivors deserve the right to move on with their lives and not be unduly penalised because of their medical history.

“This legislation brings a genuine opportunity for a new beginning, where hope, not history, shapes the future of cancer survivors accessing financial services in Ireland.”

Irish Cancer Society CEO Nikki Gallagher said: “The commencement of this legislation is a hugely welcome and momentous culmination of a long campaign to ensure cancer survivors can access financial services after their cancer treatment.

“It is crucial that we put the building blocks in place to support survivors to live full lives and put their cancer behind them,” she added.

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