The Right to be Forgotten issue before the Commission

 

21 November 2022, AKEL MEP Georgios Georgiou press release

In September 2021, AKEL MEP Giorgos Georgiou had raised before the European Commission the problems patients with cancer and rare diseases face in Cyprus, in their attempt to secure a loan or/and insurance. The AKEL MEP therefore asked to be briefed whether the Commission intends to submit a proposal for the promotion of European legislation to guarantee the right of all patients to insurance and loans.

On 24 November 2021, Mairead McGuinness the European Commissioner for Financial Stability, Financial Services and the Capital Markets Union replied that the Mortgage Credit Directive seeks to ensure that consumers are treated fairly and, according to Article 20 of the Directive, consumers’ personal health data cannot be used to assess their creditworthiness. Nevertheless, she added that under EU law, mortgage lenders are not obliged to grant credit and national legislation continues to regulate the criteria for the acceptance of life or health insurance and other credit protection insurance. For these reasons, the Commissioner concluded, the EU will provide a common and harmonised regulatory framework.

Following AKEL’s efforts in the Cypriot House of Representatives to secure the Right to be Forgotten in Cyprus, AKEL MEP Giorgos Georgiou again raised the issue in October 2022, asking for further information from the Commission on the state of play of the procedures for the development of a European regulatory framework for the protection of the Right to be Forgotten.

In response, the European Health Commissioner pointed out that one of the initiatives of the European Cancer Plan is to ensure fair access to financial services (including insurance) for cancer survivors by developing a code of conduct. As she pointed out, action point 35 of the roadmap provides that the European Commission will assist in the development of a code of conduct (the target date for its adoption is 2024) to ensure that developments in cancer treatments and their improved effectiveness are adequately reflected in the business practices of financial service providers.

In closing, Stella Kyriakides the Commissioner for Health and Food Safety referred to the Mortgage Credit Directive, arguing that as it limits the use of data used to assess credit risk to financial data only, it prevents creditors from discriminating against consumers on the basis of their health or disability. This is something, of course, which, despite the Commissioner’s statements, unfortunately, we do not see being applied in the case of Cyprus.

Finally, with regards to the Consumer Credit Directive, the Commissioner for Health and Food Safety informed that it is currently under review among the co-legislators and the Commission’s proposal is that health data should not be used when a credit assessment is carried out.

In anticipation of the finalisation of the European regulatory framework, AKEL, responding to a perfectly just demand from society for an immediate and definitive resolution [of the issue], proceeded to submit a Draft Bill for the safeguarding of the Right to be Forgotten in the Cypriot House of Representatives.