Il diritto all’oblio oncologico tra protezione dei dati personali e divieto di discriminazione contrattuale

The essay critically analyses the italian law n. 193 of 2023, which has equipped cancer survivors with a new “right to oncological oblivion”. After setting the stage and providing a bird’s eye view of the new law, the paper seeks to address various interpretative issues stemming from the ambiguous language of its provisions from both data protection, antidiscrimination and contract law perspectives. A novel approach is explored to enhance the protection of cancer survivors against disparities in treatment. Both economic and legal arguments suggest that imposing a legal duty on market operators to ensure equal treatment of individuals, regardless of their oncological history, may lead to improved outcomes. To address market failures, it is essential to implement regulatory mechanisms that complement the private law framework.