belgiquelex.be - Carrefour Bank of Legislation

13 MAI 2016. - An Act to amend the Program Law (I) of March 29, 2012 concerning the control of the abuse of fictitious addresses by beneficiaries of social benefits, with a view to introducing the systematic transmission of certain consumer data from distribution companies and distribution network manager to the BCSS improving datamining and datamatching in the fight against social fraud

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Systematic transmission of consumer data from distribution companies and distribution network managers to BCSS, improving datamining and datamatching in the fight against social fraud
Art. 2. Section 101 of the Program Act (I) of 29 March 2012 is replaced by the following:
"Art. 101. § 1^er. Depending on the periodicity of their data collection and at least once per calendar year, distribution companies and distribution network managers electronically transmit to the Carrefour Bank of Social Security certain consumer data and addresses of some of their private customers. This is the data selected by distribution companies and distribution network managers because the private customer's consumption is at least 80% up or down of an average consumption based on the officially communicated household composition.
The family types and average consumption per family type are set annually by the management committee of the Carrefour de la Sécurité Sociale Bank in consultation with distribution companies and distribution network managers.
The Carrefour Bank of Social Security transmits the data referred to in paragraph 1^er, after crossing with the data recorded in the National Register, referred to in the Act of 8 August 1983 organizing a national register of natural persons, public social security institutions and social inspectors provided that the institutions concerned grant the beneficiary to whom the data relate to social benefit, social security, social assistance, or other benefits granted by the regulations on which social inspectors exercise supervision. This must enable them to control, after authorization of the Sectoral Committee on Social Security and Health, in combination with other social data and personal social data that are available in the network, as referred to in the Act of 15 January 1990 on the institution and organization of a Carrefour Bank of Social Security, if the social benefit is granted on the basis of a fictional address. »
§ 2. For data processing referred to in § 1^er, it is designated as a processing officer as referred to in section 1^er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the Carrefour Bank of Social Security.
Art. 3. In the same Act, an article 101/1 is inserted as follows:
"Art. 101/1. § 1^er. Each public social security institution (IPSS) may aggregate the data collected under section 101 with other data available to IPSS to conduct analyses of relational data that must enable its services to carry out targeted controls on the basis of risk indicators for granting assistance calculated on the basis of a fictive address. The analysis is based on coded data. Data indicating a risk of using a fictive address are isolated and decoded.
§ 2. Any data category provided under Article 101, § 1^er an IPSS is authorized by a sectoral committee established within the Privacy Commission. The authorization sets the conditions for the retention period of coded and decoded data.
§ 3. Analysis of the relational data referred to in Article 101, § 1^er, are responsible for processing, as referred to in section 1^er, § 4, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the IPSS which conducts the analysis of relational data. »
Art. 4. Section 102 of the Act is replaced by the following:
"Art. 102. The data referred to in section 101 may only be used as an additional indication to determine if a beneficiary uses a fictitious address. »
Art. 5. In section 103 of the same law the word "request" is replaced by the word "use".
Art. 6. Section 105 of the Act is replaced by the following:
"Art. 105. The Management Committee of the Carrefour Bank of Social Security determines the modalities, including the structure and content of the messages with which the data are transmitted, the way in which and the time at which consumption and addresses data are transmitted. »
CHAPTER 3. - Evaluation and entry into force
Art. 7. This Act is evaluated two years after its entry into force by the Carrefour Bank of Social Security, the Privacy Commission, public social security institutions and social inspectors.
Art. 8. This Act comes into force on the first day of the month following its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 13 May 2016.
PHILIPPE
By the King:
Minister of Social Affairs,
Ms. M. DE BLOCK
Secretary of State to Combat Social Fraud and Protection of Privacy
P. DE BACKER
Seal of the state seal:
Minister of Justice,
K. GEENS