Information regarding the right to be forgotten in the granting of mortgage credit and consumer credit

The right to be forgotten determines that, after the expiry of the periods provided for by law, Banco BPI, in the context of entering into mortgage credit or consumer credit agreements, credit agreements for commercial or professional purposes entered into by a natural person — even where that person is acting within the scope of their commercial or professional activity — as well as in the contracting of mandatory or optional insurance associated with such credit, may not collect or process health information relating to situations of aggravated health risk or disability, provided that the said aggravated health risk or disability has been overcome or mitigated.

On the other hand, if you are in a situation of aggravated health risk or disability that you have since overcome or mitigated, you may communicate that information to the insurance company during the term of the insurance contract.

The following are considered situations of aggravated health risk: oncological diseases, HIV, diabetes, and hepatitis C

To determine how long must elapse in order to consider that a situation of increased health risk or disability has been overcome or mitigated, it must first be verified whether the clinical situation is covered by the Reference Grid of Pathologies (Annex to Decree Law no. 79/2026).
If not, that is, if the situation cannot be classified under the referred Reference Grid, the time limits set out in paragraph 2 of Article 3 of Law no. 75/2021 of 18 November shall apply.

In summary:

- If the situation falls within a type of pathology and the conditions for applying the Reference Grid of Pathologies are met, the specific time limits defined in that grid shall apply.

- In all other cases, the time limits set out in paragraph 2 of Article 3 of Law no. 75/2021 apply:

• Ten years after the end of the therapeutic protocol, in the case of an increased health risk or disability that has been overcome;
• Five years after the end of the therapeutic protocol, where the overcome pathology occurred before the age of 21;
• Two years of continuous and effective therapeutic protocol, in the case of mitigated increased health risk or disability.

Note: The reference grid containing the groups of pathologies and the respective time limits is updated every two years, following consultation with the Directorate General of Health and after hearing the Medical Association, and is published on the SNS24 website.