Act X of 2026, assented to on 2 April 2026 and coming into force on 1 January 2027, is a standalone new Act that establishes a 'right to be forgotten' for persons who have recovered from oncological diseases (cancer) in Malta. It prohibits other parties — employers, financial service providers, and others — from requesting, considering, or using a recovered person's medical history relating to their oncological disease when entering into contracts of service, contracts of employment, or financial services agreements, once the applicable 'established period' has elapsed since the end of treatment.

Article 2 provides key definitions. A 'recovered person' is someone diagnosed with an oncological disease who is in remission following successful treatment. The 'established period' is the time elapsed since the date of end of treatment without relapse. 'Medical history' is broadly defined to include not only records of diagnosis and treatment but also any inquiry, request, or disclosure — oral or written — regarding whether a person has ever been diagnosed with or treated for an oncological disease. 'Financial services agreement' covers life insurance contracts, bank loan agreements, and ancillary contracts.

Article 3 is the central operative provision. It establishes a standard established period of ten (10) years from the end of treatment, reduced to five (5) years where diagnosis occurred before the age of 25. The Minister, with the concurrence of the Ministers responsible for finance and employment, may by regulation prescribe even shorter established periods for specific diseases. Once the established period has elapsed, no other party may request or use the recovered person's medical history, impose more onerous contract terms, or refuse access to services on that basis. Medical history obtained from third-party sources is equally prohibited from being used. Articles 3(3)–3(5) impose transition rules: contracts entered into after commencement must include a clause stating that medical history considerations cease upon expiry of the established period; incompatible clauses in pre-existing financial services agreements become null and void upon the established period elapsing or upon commencement of the Act, whichever is later; and medical history still held from pre-commencement employment contracts must be anonymised after the established period lapses. In all transition cases, the recovered person bears the responsibility of notifying the other party that the established period has elapsed (article 3(6)). Upon lapse, the other party must anonymise the medical history and notify the recovered person in writing.

Article 4 provides that any clause in a contract that breaches this Act is null and void only to the extent of the breach, and does not nullify the entire contract. Critically, nullity cannot operate to deprive the recovered person of any rights already acquired through that clause.

Article 5 establishes a Review Board appointed by the Minister. The Chairperson must be an advocate with at least seven years of practice in Malta; the two members must be medical professionals experienced in oncological diseases. Members serve three-year renewable terms and are independent of direction or control. Removal is only for proven inability or misbehaviour. Article 6 sets out the Board's functions: determining disputed dates of diagnosis and end of treatment; recommending reduced established periods for inclusion in a Schedule; and any other functions assigned by the Minister. Proceedings are held in camera and are confidential. The Board may access all relevant medical records from public or private providers and may engage external experts.

Article 7 governs the dispute resolution procedure. Either party may apply to the Board to determine a disputed date of diagnosis or end of treatment. The Board must endeavour to decide within one week of the application (extendable by one more week if data is requested). The other party does not have access to the recovered person's medical data used in this determination. Importantly, article 7(4) clarifies that long-term treatments such as hormone therapy and maintenance chemotherapy used to prevent relapse or improve prognosis do not extend the established period. Decisions are communicated in writing only to the parties.

Article 8 empowers the Minister to make regulations and Schedules, with Schedules to be revised at least once per year. Article 9 creates a criminal offence for any person (other than the recovered person) who fails to abide by the Act or comply with Board orders, punishable on conviction by a fine of between €500 and €5,000, plus a daily penalty of €10 to €100 for each day the non-compliance continues. The Act commences on 1 January 2027 (article 1(2)).

Protection against Adverse Consequences for Persons who Recovered from Oncological Diseases (Right to be Forgotten) — Act X of 2026