‘Right to be Forgotten' legislation published

The Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Act 2026 (Act) has been published on the Houses of the Oireachtas website here.

The bill was signed into law by the President on 15 July 2026. The bill started out as a private members bill, referred to initially as the ‘Right to be Forgotten' bill, and was initiated by Catherine Ardagh TD. The bill was subsequently adopted by the Government, which brought it through the legislative process.

The main purpose of the Act is to require insurers offering mortgage protection insurance policies in Ireland to disregard a person’s prior cancer diagnosis where they have been “cancer free” for 5 years prior to an application.

The Act also contains some other important changes in relation to the powers of the Central Bank of Ireland to present a petition to wind-up insurers and reinsurers, which will be covered in a separate article.

The Act, although signed into law, has yet to be commenced. This article sets out the key ‘right to be forgotten’ requirements that are set out in Part 2 of the Act.

Scope of Part 2 of the Act

Part 2 of the Act applies to an application to an insurer for mortgage protection insurance by a person in respect of a premises which is, or is intended to be, the applicant’s principal private residence (an Application).

Insurer’s obligation to disregard the medical history of an applicant in respect of a prior cancer diagnosis

Pursuant to section 5(1) of the Act, an insurer must, when considering an Application, disregard the medical history of the applicant concerned in respect of a cancer diagnosis where the applicant:

• has completed “active cancer treatment” (as defined by the Act) at least 5 years before the date of the Application and
• has been in complete remission for at least 5 years before the date of the Application

However, section 5(2) of the Act provides that the requirement in section 5(1) only applies in respect of mortgage protection insurance up to €650,000 or the “prescribed maximum amount”, if any. Where the mortgage protection insurance cover exceeds the relevant maximum amount, the insurer’s normal underwriting process will apply to any excess amount.

The Act obliges the Minister for Finance to review the maximum amount of mortgage protection insurance specified in section 5(2) (i.e. €650,000) at least every five years after the coming into operation of Part 2 of the Act. Such review must have regard to the most recent information on residential property prices published by the Central Statistics Office and include consultations with insurance industry and consumer representative bodies. The Minister may also consult with such other persons as the Minister considers appropriate. Any increased maximum amount of mortgage protection insurance specified by the Minister following such a review will be the “prescribed maximum amount” for the purposes of the Act.

Right of insurer to request information from the applicant

Section 5(3) of the Act provides that an insurer may, by notice in writing to an applicant, request the applicant to provide to the insurer such information as may be “reasonably necessary” for the purpose of considering an Application.

The information which an insurer may request may include (but is not limited to):

• the date on which the applicant received confirmation of a cancer diagnosis
• the date on which the applicant completed “active cancer treatment” and
• confirmation that, in the opinion of an oncologist, based on the absence of signs and symptoms related to a cancer diagnosis, the applicant has been in complete remission for at least 5 years before the date of the Application

The insurer also has the right to specify the form and manner in which such information must be provided, as well the period in which it must be provided, in the notice to the applicant.

Arguably, Section 5(3) gives the providers of mortgage protection insurance cover greater freedom to request information from proposed policyholders in relation to an Application than would ordinarily be the case under the revised pre-contractual duty of disclosure on consumers under the Consumer Insurance Contracts Act 2019 (CICA). However, the full implications of section 5(3) are not yet clear and will need to be read in light of CICA and other relevant legislative provisions, such as the prohibition on processing of genetic data in relation to insurance policies set out in the Disability Act 2005.

Decision in relation to an Application

Pursuant to section 5(4), an insurer may, having considered an Application and any information provided to it, decide to grant or refuse the Application.

An insurer must notify the applicant, in writing, of its decision and, where it has refused an Application, the insurer must include a statement of the reasons for its decision in the notification (section 5(5)).

Importantly, the Act does not prevent an insurer from considering any other medical condition unrelated to the applicant’s medical history relating to a cancer diagnosis (section 5(6)).

Conclusion

Part 2 of the Act represents a significant development for individuals with a prior cancer diagnosis seeking mortgage protection insurance for their principal private residence. Although the Act has not been commenced, insurers offering mortgage protection insurance in Ireland should assess the practical impact of the new disregard requirements on underwriting processes, customer communications and decision-making procedures.

For further information, please contact James Grennan, Partner, Laura Mulleady, Partner, Stephen D'Ardis, Partner, Emma Martin, Of Counsel, Sarah Lee, Senior Practice Development Lawyer or your usual ALG contact.