The right to be forgotten provides that, after the expiry of the time limits established by law, Banco BPI may no longer collect or process health related information concerning situations of increased health risk or disability, provided that such increased health risk or disability has been overcome or mitigated.
This right further allows that, where situations of aggravated health risk or disability have been overcome or mitigated, the policyholder may answer negatively to questions of that nature posed by the insurance company in the context of the initial risk declaration, where such questions would result in the disclosure of health-related information concerning an aggravated health risk or disability that has been overcome or mitigated.On the other hand, where the policyholder has been in a situation of aggravated health risk that has meanwhile been overcome or mitigated, such information may be communicated to the insurance company during the term of the insurance contract.
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:
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.