Commencement of 'Right to Be Forgotten' legislation for cancer survivors

New statutory protections will require insurers to disregard cancer-related medical history for eligible mortgage protection insurance applications.

Minister of State Robert Troy TD, today announced the commencement dates for the landmark ‘Right to be Forgotten’ legislation.

The Commencement Order provides that the key provisions relating to the disregard of cancer-related medical history will come into operation on 15 October 2026.

This means that insurers will be required to disregard cancer-related medical history when a person applies for mortgage protection insurance, where:

the applicant has completed active cancer treatment for five years;

the applicant has been in complete remission for five years;

the application relates to mortgage protection insurance for the applicant’s principal private residence; and

the amount of cover sought is up to €650,000, with normal underwriting applying above that threshold.

The Act places important consumer protections on a statutory footing for the first time, moving from the existing Voluntary Code of Practice to a statutory framework that provides greater certainty, consistency, and protection for cancer survivors seeking mortgage protection insurance.

Minister of State with responsibility for Financial Services, Credit Unions and Insurance, Robert Troy TD, said,“This legislation gives effect to a Programme for Government commitment, and is a measure I have prioritised since taking office.

“Commencing the ‘Right to Be Forgotten’ Act cannot undo what some families have been through, including my own family.

“However, it can remove an unjust obstacle. It can give people a meaningful chance to plan, to build, and to move forward with confidence and optimism.

“The commencement date of 15 October for the main provisions will allow for a smooth transition from the Voluntary Code to a statutory framework, ensuring that industry is ready to apply the new requirements consistently and effectively.