THE RIGHT TO ONCOLOGICAL OBLIVION: CONFIDENTIALITY, FORGETTING AND NON-DISCRIMINATION

The article examines the oncological right to be forgotten, as a manifestation of the right to be forgotten in the healthcare context, delving into the recent Italian law no. 193 of 7 December 2023 and its impact on the protection of human dignity and the fight against discrimination. The oncological right to be forgotten, inspired by the constitutional and supranational principles of personal protection, represents a significant legal achievement for patients recovering from oncological diseases, aimed at preventing the discriminatory use of past health information. In a comparative perspective, the work analyses the regulations adopted by several European Union member states, including France, Belgium and Spain, highlighting their similarities and differences with respect to the Italian discipline. The paper also explores the legal foundations of the right to be forgotten in the GDPR (EU Regulation 2016/679), which enshrines the right to erasure of personal data, and assesses its jurisprudential evolution, with particular reference to the jurisprudence of the European Court of Human Rights. The difficulties in balancing the right to privacy, the freedom of information and the needs of the market are addressed, emphasising the need for more flexible regulatory criteria to adapt to the peculiarities of individual cases. Finally, it examines the limitations and criticalities of Italian legislation, such as the setting of general time limits for the application of the right to be forgotten in oncology, which may not adequately reflect individual and contractual differences. The article concludes by highlighting the importance of a dynamic and differentiated regulatory approach, capable of effectively responding to the needs of an evolving society, while protecting the dignity and equality of healed patients.