Právo klienta neuvádzať informáciu o prežití rakoviny – Consumer Credit Directive review

Výbor Európskeho parlamentu (EP) pre vnútorný trh a ochranu spotrebiteľa (IMCO), dňa 7. februára zverejnil svoj návrh správy o revízii Smernice o spotrebiteľských úveroch (Consumer Credit Directive).

Obsahuje dva pozmeňujúce a doplňujúce návrhy, ktoré zavádzajú právo byť zabudnutý (Right to be forgotten) v AMT 13 a 65.

Amendment 13 Proposal for a directive Recital 49 a (new):

(49a) Creditors, providers of crowdfunding credit services and insurers should not take into account the medical history of people who have been affected by cancer. Currently, provisions ensuring equal access to credit for people cured of specific health conditions already exist in five Member States: France, Belgium, Luxembourg, Netherlands and Portugal. Such provisions should be introduced in all Member States and extended also to ancillary services, including insurance PE696.560v01-00 16/67 PR1238734EN.docx EN policies. Insurance policies should avoid imposing restrictive conditions, whenever specific requirements related to preexisting medical conditions are fulfilled. Consequently the so-called “right to be forgotten” as provided for in Article 17 of Regulation (EU) 2016/679 should apply when this Directive is implemented.

Amendment 65 Proposal for a directive Article 14 – paragraph 4:

4. Member States may allow creditors or providers of crowdfunding credit services to require the consumer to hold a relevant insurance policy related to the credit agreement or crowdfunding credit services, taking into account proportionality considerations. In such cases, Member States shall ensure that the creditor or the provider of crowdfunding credit services is required to accept the insurance policy from a supplier different to his or her preferred supplier where such insurance policy has a level of guarantee equivalent to the one the creditor or the provider of crowdfunding credit services has proposed, without modifying the condition of the credit offering to the consumer. Under those circumstances, the insurance policy shall avoid imposing restrictive conditions, whenever specific requirements related to pre-existing medical conditions are fulfilled (such as the “right to be forgotten” criteria for cancer survivors). Member States shall ensure that people cured of specific health conditions have equal access to insurance policies.