Published the: 2016-05-27 Numac: 2016202481 FEDERAL social security PUBLIC SERVICE 13 may 2016. -Act to amend the programme law (I) of March 29, 2012 on control of abuse to address fictitious by recipients of social benefits, to introduce systematic transmission of certain data from consumption of Manager of distribution networks and supply companies to the BCSS improving datamining and the datamatching in combating social security fraud PHILIPPE , King of the Belgians, all, present and future, A salvation.
The House of representatives has adopted and we sanction the following: Chapter 1.
-Available general Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
CHAPTER 2. -Systematic transmission of consumption data for managers of distribution networks and supply companies to the BCSS, improving the datamining and the datamatching in combating social security fraud art. 2. article 101 of the programme law (I) of March 29, 2012 is replaced by the following: 'art. 101 § 1.
Depending on the frequency of their data collection and at least once a year calendar, distribution companies and managers of distribution networks transmit electronically to the Crossroads Bank for social security some consumption data and addresses of some of their private clients. This is the data selected by the distribution companies and managers of distribution system because the private customer consumption deviates from at least 80% upwards or downwards to an average consumption depending on the composition of household officially communicated.
Family types and average consumption by family type are annually fixed by the Management Committee of the Crossroads Bank for social security in consultation with the distribution companies and managers of distribution networks.
The Crossroads Bank for social security transmits the data referred in paragraph 1, after crossing with the data recorded in the national register, covered by the Act of 8 August 1983 organising a national register of natural persons, institutions of social security and social inspectors provided that all institutions grant to the beneficiary to which these data relate a social benefit either from social security, is a social assistance scheme, or other benefits from the regulations on which social inspectors have the oversight. This should allow them to monitor, after authorization of the sector Committee of social security and of health, in combination with other social data and social data of a personal nature that are available in the network, as referred to in the law of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security If the social security benefit is granted on the basis of a fictitious address. »
§ 2. For the processing of data covered in the § 1, he is designated as responsible for processing as referred to in article 1, § 4, of the law of 8 December 1992 on the protection of privacy with respect to the treatment of personal data, the Crossroads Bank for social security.
Art. 3. in the same Act, it is inserted an article 101/1 to read: 'art. 101/1. § 1.
Each public institution for social security (IPSS) can be the aggregation of data in application of article 101 with other data available to the IPSS, to perform analysis on relational data that should allow its services to conduct controls targeted based on risk indicators of aid calculated on the basis of a fictitious address. The analysis is based on coded data. Data indicating a risk of using a fictitious address are isolated and decoded.
§ 2. Any class of data communicated as part of the "article 101, § 1-a fact IPSS subject to a permission of a sectoral Committee set up within the Commission for the protection of privacy. Permission sets conditions for the retention period data encoded and decoded.
§ 3. Analysis on relational data referred to in article 101, § 1, were responsible for processing, as referred to in article 1, § 4, of the law of 8 December 1992 on protection of privacy with respect to the treatment of personal data, the IPSS which carries out the analysis on relational data. "Art. 4. article 102 of the Act is replaced by the following: 'art. 102. the data referred to in article 101 can only be used as additional indication in order to decide if a recipient uses a fictitious address. "Art. 5. in article 103 of the same law the word "ask" is replaced by the word "use".
Art. 6. article 105 of the Act is replaced by the following: 'art. 105. the Management Committee of the Crossroads Bank for social security determines the modalities, including the structure and content of messages with which data are transmitted, how and the time whereby the consumer and address data. "CHAPTER 3. -Assessment and entry into force art. 7 this Act is evaluated two years after its entry into force by the Crossroads Bank for social security, the Committee on the protection of privacy, public institutions of social security and social inspectors.
Art. 8 this Act comes into force the first day of the month following its publication in the Official Gazette.
Enact this Act, order that it self clothed with the seal of State and published in the Moniteur belge.
Given to Brussels, May 13, 2016.
PHILIPPE by the King: the Minister of Social Affairs, Ms. BLOCK Mr. Secretary of State for combating social security fraud and the Protection of life private P. DE BACKER sealed with the seal of the State: the Justice Minister, K. GEENS