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

Abstract

Introduction: 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.

Materials and methods: 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.

Results: 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.

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

Conclusions: 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.