Dreptul de a fi uitat
The right to be forgotten

Summary/Abstract: The right to be forgotten regulated by the new Chapter IV1 of the Law No 46/2003 represents the possibility of the cancer survivor not to inform the insurer about his oncological condition for which the treatment was completed at least 7 years ago. Due to the mode of regulation, the problem of the applicability of the legal provision arises, because in Article 251 of the Law No 46/2003 expressly and restrictively mentions the fact that the right to be forgotten is an exception to the general rule, Article 2203 of the Civil Code, but the medical insurance contracts benefit from a special regulation by Articles 347–366 of the Law No 95/2006. Likewise, the purpose of the right to be forgotten is represented by the protection of cancer survivor from the restriction of access to financial services by imposing conditions abusively justified by their medical history, but Article 251 of the Law No 46/2003 does not prohibit the abuse (taking into account the former pathology when assessing the risk has as consequence either the refusal to conclude the insurance contract or the setting of a high insurance premium), but only restricts the insurer’s access to the oncological medical information.

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