Cap. 657 Art. 3Right to be forgotten. 657. 3 4 [CAP.

(1) For the purposes of entering into any contract of service, contract of employment or financial services agreement, a recovered person’s medical history shall not be requested, considered or used in order to dissuade, impede or refuse access to any contract of service, contract of employment or financial service, or to impose more onerous conditions or to affect in any way the content of the contract of service, contract of employment or financial services agreement, if an established period of ten (10) years has elapsed since the date of the end of treatment of the recovered person:

Provided that in the case of diagnosis before the age of twenty five (25) years, the established period shall be shortened to five

(5) years from the end of treatment:

Provided further that the Minister, with the concurrence of the Minister responsible for finance and the Minister responsible for employment, may by means of regulations prescribe shorter established periods under such conditions as may be specified and in such case the shorter established periods and the conditions applicable thereto may be included in a Schedule.

(2) The medical history referred to in this article may not be requested or acquired even from sources other than the recovered person or the other party, and in case it is made known or made available to the other party, such medical history shall not be considered or used in order to refuse access to any contract of service, contract of employment or financial services agreement, or to impose more onerous conditions or to affect in any way the content of the contract of service, contract of employment or financial services agreement, if the established period as established in this Act has elapsed.

(3) Where when entering into a financial services agreement subsequent to the coming into force of this Act the established period has not yet elapsed, the financial services agreement is to specify that after the relevant established period elapses, consideration of the medical history of the recovered person may no longer be made and any clause which affects the content of the financial services agreement based on the medical history shall no longer have effect from the date when the established period elapses:

Provided that the medical history of the recovered person held by the other party shall, subsequent to the lapse of the established period, be anonymised and the recovered person shall be notified in writing that such anonymisation has taken place.

(4) Where a financial services agreement exists prior to the coming into force of this Act and includes a clause which is incompatible with this Act, and the established period has elapsed or shall elapse on or after the coming into force of this Act, the respective clause shall cease to have effect and shall be considered null and void in accordance with article 4 as from the date on which the established period has elapsed or from the date of coming into force of this Act, whichever is the later:

Provided that the medical history of the recovered person which was held by the other party shall, subsequent to the established period elapsing, be anonymised and the recovered person shall be notified in writing that such anonymisation has taken place.

(5) Where medical history of a recovered person was requested when the person entered into a contract of service or a contract of employment prior to the coming into force of this Act and the medical history is still being held by the other party, it shall, subsequent to the lapse of the established period, be anonymised and the recovered person shall be notified in writing that such anonymisation has taken place.

(6) In all cases mentioned in sub-articles (3) to (5) it shall be the FOR PERSONS WHO RECOVERED FROM ONCOLOGI-657. CAL DISEASES (RIGHT TO BE FORGOTTEN)

responsibility of the recovered person to inform the other party that the established period has elapsed, and the effect of the aforementioned sub-articles shall only operate from the date when this information reaches the other party:

Provided that in case of a dispute as to the date of the end of the treatment any of the parties may refer the matter to the Board in accordance with article 7.