The Polish policymakers’ proposal to reduce the period after which information about past cancer treatment could not be taken into account when concluding an insurance contract from 15 to 5 years may have the opposite effect to that intended. Instead of making insurance more accessible to oncological convalescents, the proposal may restrict the availability of certain insurance products to Poles.

– We hope that, as work on the consumer credit bill continues, legislators will come up with more balanced solutions – ones that effectively support consumers, while maintaining the stability of the insurance market. They should be formulated in a way that eliminates the risk of overregulation and properly implements EU requirements – says Piotr Wrzesiński, vice president of the Management Board of the Polish Chamber of Insurance (PIU).

Cancer is one of the greatest health challenges in Poland and Europe, and its relevance is growing as the population ages. A PIU report titled “Life Insurance – financial support in the most dramatic hardships” (available at: https://piu.org.pl/wp-content/uploads/2025/02/Raport-Ubezpieczenia-na-zycie-2025.01.31-light.pdf) shows that the risk of developing cancer rises significantly in people aged above 50, becoming (alongside cardiovascular disease) one of the main health concerns for Poles.

The right to be forgotten is currently being implemented in EU Member States under the provisions of Directive (EU) 2025/2 on credit agreements for consumers (CCD2), which is due to enter into force on 20 November 2026. At the same time, a European Code of Conduct on the right to be forgotten is being prepared, with contributions by patient organisations and associations representing the EU financial sector, in line with the assumptions set out in Europe’s Beating Cancer Plan published by the European Commission in February 2021.

Pursuant to Article 14(4) of Directive (EU) 2023/2225 of the European Parliament and of the Council (CCD2), Member States are required to introduce rules whereby data concerning past cancers is not used for the purposes of insurance related to a credit agreement after a specified period, not exceeding 15 years from the end of medical treatment.

Regulations proposed in Poland

However, the consumer credit bill drafted by the Office of Competition and Consumer Protection (UOKiK) is much more restrictive in this regard. It stipulates that data relating to cancer treatment may not be used when concluding an insurance contract once 5 years have elapsed since the end of treatment.

This approach clearly deviates from European standards and is an example of the so-called “gold-plating” – the introduction of rules that are more stringent than EU requirements.

Impact on the market and consumers

The introduction of a 5-year period limiting access to medical data could significantly hinder insurance companies’ ability to assess risk accurately. In practice, this entails:

• the need to factor in greater uncertainty into premium calculations,
• an increase in insurance costs,
• a narrower range of available products,
• the risk of some clients being refused access to cover.

It is worth emphasising that the aim of underwriting is not to exclude anyone from insurance cover, but to evaluate risk appropriately and ensure that insurance is available on reasonable terms.

Risk

Adopting a data-access period that is too short may trigger a shift of costs from higher-risk individuals to healthy people. This, in turn, may lead to:

• a decline in the number of people covered,
• a widening of the insurance gap in Poland,
• reduction in real financial security in the event of illness or death.

These scenarios are particularly relevant in the context of consumer loans, where a lack of insurance can have serious consequences for borrowers and persons close to them. The abovementioned Report indicates that cancer is one of the most common causes of serious health problems leading to temporary or permanent incapacity for work. For people with consumer loans, a cancer diagnosis can lead to a significant drop in income, combined with an increase in treatment-related expenses. When faced with such a situation, the borrower without an adequate insurance policy may have difficulties in repaying debts, exposing themselves and their loved ones to serious financial ramifications.

Poland against other EU countries

Most Member States have adopted, or intend to adopt, measures that are in line with, or similar to, CCD2:

• 15-year period – the Czech Republic, Denmark, Finland, Germany, Slovakia,
• 10-year period – Italy, the Netherlands, Portugal, Bulgaria.

Against this backdrop, the proposed 5-year period is an exceptional measure that may blunt the Polish insurance market’s competitive edge relative to some other EU countries.

The need for a balanced approach

When designing these solutions, the legislators should also bear in mind that cancers are highly diverse – they differ in terms of the course, prognosis and risk of recurrence. Rigid regulations do not reflect this diversity and may lead to inapt insurance decisions.

In addition, right-to-be-forgotten solutions have been in place in Europe for a relatively short time and have not yet been comprehensively assessed in terms of their long-term effects.

Recommended directions for change

The right to be forgotten should be introduced in a way that:

• is aligned with European standards,
• facilitates a reliable risk assessment,
• does not limit access to insurance,
• does not widen the insurance gap.

Therefore, the insurance market deems it reasonable to adopt a period of at least 15 years, in line with CCD2 and the practice followed by many EU countries.