On 15 July 2026, the Insurance (Disregard of Certain Medical History and Miscellaneous Provisions) Act 2026 (2026 Act) was signed into law.

The key provisions introducing Ireland’s statutory “right to be forgotten” regime for cancer survivors are due to come into operation on 15 October 2026, following the making of the relevant commencement order by the Irish Government.

While the 2026 Act introduces a number of amendments affecting Ireland’s insurance regulatory framework (refer to our earlier William Fry article here), its most notable reform is the introduction of a statutory “right to be forgotten” for cancer survivors seeking mortgage protection insurance.

From 15 October 2026, insurers will, in specified circumstances, be required to disregard an applicant’s cancer-related medical history when assessing a mortgage protection insurance application. The new regime seeks to address a long-standing issue faced by many cancer survivors when seeking mortgage protection cover as part of the house-buying process and aims to ensure that eligible applicants can access such cover on fairer and more consistent terms.

Background to the 2026 Act

Prior to the enactment of the 2026 Act, the Irish insurance industry addressed this issue through a voluntary code of practice developed by Insurance Ireland in 2023. The code applied to mortgage protection insurance in respect of a principal private residence and provided for certain applicants with a history of cancer to have that diagnosis disregarded for underwriting purposes, subject to specified eligibility criteria and cover limits.

Following several years of policy development and legislative consideration, the 2026 Act largely reflects the approach previously adopted under the voluntary code while putting it on a statutory footing. In doing so, it promotes greater consistency, transparency and legal certainty in the application of the “right to be forgotten” across the Irish insurance market.

The move to a statutory framework in Ireland also reflects a wider European trend towards improving access to financial services for cancer survivors. In recent years, EU policymakers have encouraged Member States to introduce a “right to be forgotten” for cancer survivors, including through initiatives under Europe’s Beating Cancer Plan. A growing number of Member States have also introduced legislative regimes that limit the extent to which insurers may take into account historical cancer diagnoses.

The New “Right to be Forgotten”

Under the 2026 Act, insurers must disregard an applicant’s cancer-related medical history when a person applies for mortgage protection insurance where:

• the applicant has completed active cancer treatment for five years;
• the applicant has been in complete remission for five years;
• the application relates to mortgage protection insurance for the applicant’s principal private residence; and
• the amount of cover sought is up to €650,000 (or such other amount as may be prescribed), with normal underwriting applied above that threshold.

For these purposes, “active cancer treatment” excludes anti-hormonal medications and preventative therapies or medicines intended to reduce the risk of cancer recurring.

Where an application falls outside the scope of the legislation, for example because the amount of cover exceeds €650,000 or the property is not the applicant’s principal private residence, insurers may assess the application in accordance with their standard underwriting rules and practices.

The 2026 Act does not require an insurer to offer cover in every case. Insurers may still decline an application but must notify the applicant of the refusal and provide the reasons for that decision. Insurers also remain entitled to consider other medical conditions that are unrelated to the applicant’s cancer diagnosis.

Insurer’s Right to Request Information

Section 5(3) of the 2026 Act provides that an insurer can request an applicant to provide information that may be “reasonably necessary” for the purpose of considering an application. This can include confirming the date the applicant received confirmation of a cancer diagnosis, the completion of active cancer treatment, and confirmation from an oncologist that the applicant has been in complete remission for at least 5 years before the date of application.

The commencement of these provisions may raise practical questions about how insurers will incorporate section 5(3) information requests into their application and underwriting processes. In particular, insurers will need to consider how such requests align with the question-based disclosure regime under the Consumer Insurance Contracts Act 2019, as well as existing requirements governing the processing of health data and restrictions relating to genetic data under the Disability Act 2005 and the Data Protection Act 2018.

Next Steps

The commencement of the new regime marks a significant development in Ireland’s approach to mortgage protection insurance for cancer survivors and aligns Ireland with broader legislative and policy developments occurring across Europe.

The Government has indicated that it will continue to engage with industry stakeholders ahead of commencement to support a smooth transition from the existing voluntary code to the new statutory framework. Insurers providing mortgage protection insurance should use the remaining implementation period to review their underwriting processes, application procedures, policy administration arrangements and data governance frameworks to ensure that they are prepared to comply with the new requirements from 15 October 2026.

If you would like to discuss this topic further, please contact a member of William Fry’s Insurance and Reinsurance Team or your usual William Fry contact.