Activities of Deirdre CLUNE related to 2021/0171(COD)
Plenary speeches (1)
Consumer credits (debate)
Amendments (6)
Amendment 180 #
Proposal for a directive
Recital 47
Recital 47
(47) The assessment of creditworthiness should be based on information on the financial and economic situation, including income and expenses, of the consumer. The European Banking Authority Guidelines on loan origination and monitoring (EBA/GL/2020/06) provide guidelines on what categories of data may be used for the processing of personal data for creditworthiness purposes, which include evidence of income or other sources of repayment, information on financial assets and liabilities, or information on other financial commitments. Personal data, such as personal data found on social media platforms or health data, including cancer data, should not be used when conducting a creditworthiness assessment. Consumers should provide information about their financial and economic situation in order to facilitate the creditworthiness assessment. In principle, credit should only made available to the consumer where the result of the creditworthiness assessment indicates that the obligations resulting from the credit agreement or the agreement for the provision of crowdfunding credit services are likely to be met in the manner required under that agreement. However, should such assessment be negative, the creditor or the provider of crowdfunding credit services can exceptionally make credit available in specific and justified circumstances such as when they have a long-standing relationship with the consumer, or in case of loans to fund exceptional healthcare expenses, students loans or loans for consumers with disabilities. In such case, the creditor or the provider of crowdfunding credit services should be obliged to warn the consumer that due to a negative assessment of creditworthiness the consumer may be exposed to difficulties with repayment of the credit, which can lead to over-indebtedness. Furthermore when deciding on whether or not to make the credit available to the consumer, the creditor or the provider of crowdfunding credit services should take into account the amount and the purpose of the credit, and the likelihood that the obligations resulting from the agreement will be met.
Amendment 182 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Many people, particularly people diagnosed with cancer as children or adolescents, face unjust financial penalties for years or decades after their treatment has ended. The inability to access, for example, loans or insurance impacts people affected by cancer in practical ways regarding homeownership, travel, free movement and rebuilding their life after cancer. This Directive fully recognises this and introduces a “Right to be Forgotten” where Member States must fully ensure that people who have survived cancer either do not have to declare their diagnosis and/or can no longer be treated differently to people who have not had a cancer diagnosis when applying for and accessing financial products or services such as insurance products and/or loans. This should remove barriers to accessing financial services for people living beyond cancer, particularly those who finished treatment years or decades ago, including people diagnosed as children and adolescents who face many financial burdens associated with their past diagnosis.
Amendment 184 #
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) As a result of their illness, cancer survivors often suffer from obstacles to their access to financial services, such as credits, owing to the frequent obligation to disclose full medical history when applying to them. This financial discrimination worsens the socioeconomic burden placed on cancer survivors and hampers their reintegration into society. Therefore, this Directive should recognise fully the right for cancer survivors not to inform the creditor or the provider of crowdfunding credit services of their past diagnosis and treatment (The Right to Be Forgotten).
Amendment 185 #
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) Member States should implement this Directive in a manner that fully guarantees the “Right to be Forgotten” for cancer survivors. This implementation should include timeframes post-recovery after which a person no longer has to declare their cancer diagnosis. These timeframes should reflect the latest scientific evidence and be tailored by cancer type. The maximum timeframe should be no longer than 5 years for people diagnosed with cancer at any age.
Amendment 277 #
Proposal for a directive
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3 a) “Right to be Forgotten” means that, after a specified period of time, people who have survived cancer either do not have to declare their diagnosis, and/or can no longer be treated differently to people who have not had a cancer diagnosis when applying for and accessing financial products or services such as insurance and/or loans
Amendment 575 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2 b. Member States shall ensure that the implementation of this Directive guarantees the ‘Right to Be Forgotten’.