Law On Additional Measures In The Fight Against Terrorism (1)

Original Language Title: Loi relative à des mesures complémentaires en matière de lutte contre le terrorisme (1)

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016009200&caller=list&article_lang=F&row_id=1&numero=21&pub_date=2016-05-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-09 Numac: 2016009200 SERVICE PUBLIC FÉDÉRAL JUSTICE April 27, 2016 - law on additional measures in the fight against terrorism (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
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. -Amendments to the Act of June 7, 1969 fixing the time during which it can be made to searches or domiciliary visits s.
2. in the title of the Act of June 7, 1969 fixing the time during which it can be carried out home visits and searches, the words "of the searches or domiciliary visits" are replaced by the words "searches, home visits or arrests".
S. 3. article 1, paragraph 2, of the Act, as amended by the Act of 24 November 1997, is complemented by the 6th as follows: "6 ° where the home visit or the search relates to an offence:-in book II, title Ierter, of the penal Code, or;"
-in book II, title VI, chapter I, of the same Code, when there is suspicion that firearms, explosives, nuclear weapons, biological or chemical weapons or noxious or hazardous substances that could put lives in danger in case of leakage, can be found. "."
S.
4. article 2 of the Act is replaced by the following: 'article 2. no arrests following a warrant, a warrant of arrest, a default warrant or a warrant of immediate arrest, within the meaning of the pre-trial detention Act of 20 July 1990, may be made in a place not open to the public before five o'clock in the morning and after nine o'clock in the evening. It goes same for an arrest made on Belgian territory under Act of 19 December 2003 on the European arrest warrant or under a rule of customary or conventional international law by which the Belgium is bound.
The prohibition referred to in paragraph 1 does not apply: 1 ° where a specific legal provision authorizes the arrest during the night;
2 ° when a magistrate or a judicial police officer is on the scene during or after the finding of a crime or flagrant offence;
3 ° in case of request or consent of the person who has the full enjoyment of the place or the person referred to in article 46 (2) of the Code of criminal procedure;
4 ° when a call coming from this place;
5 ° where the arrest relates to an offence:-in book II, title Ierter, of the penal Code, or;
-in book II, title VI, chapter I, of the same Code, when there is suspicion that firearms, explosives, nuclear weapons, biological or chemical weapons or noxious or hazardous substances that could put lives in danger in case of leakage, can be found. "."
S.
5 article 1bis, of the same Act, inserted by the Act of 5 August 1992, which shall become article 3, the words "article 1, 3 °" are replaced by the words "articles 1, paragraph (2), 3 °, and 2, paragraph 2, 3 °".
CHAPTER 3. -Amendments to article 90b, of the Code of criminal procedure art. (6. in article 90b, § 2, of the Code of criminal procedure, inserted by the law of 30 June 1994 and as last amended by the law of July 20, 2015, the following changes are made: a) the 10 ° is replaced by the following: "10 ° in book II, title IX, chapter I, section 2A, and chapter Ierbis of the Code;";
(b) there shall be inserted a 16 ° bis worded as follows: "16 ° bis to article 47 of Decree of the Flemish Parliament of June 15, 2012 concerning the import, export, transit and transfer of defence-related products, other equipment for military use, equipment to maintain the order of civilian firearms, parts and ammunition;";
(c) there shall be inserted a 16 ° ter as follows: "16 ° ter to article 20 of the Decree of the Walloon Region from June 21, 2012 concerning the import, export, transit and transfer of civilian weapons and defense-related products;";
(d) there shall be inserted a 16 ° c worded as follows: "16 ° c in section 42 of the Ordinance of June 20, 2013 Brussels-Capital Region to import, export, transit and transfer of defence-related products, other equipment that could be used for a military purpose, material related to the maintenance of order, of firearms for civilian use" , their parts, accessories and ammunition; ";
(e) there shall be inserted a 16 ° d as follows: "16 ° d to articles 8 to 11, 14, 16, 19, 1 °, 2 °, 3 °, 5 ° and 6 °, 20, 22, 27 and 33 of the Act of 8 June 2006 adjusting activities economic and individual with weapons, also called" law on arms ";".
((f) there shall be inserted a 16 ° sexies as follows: "16 ° e to the law of 28 May 1956 relating to substances and mixtures explosive or likely to deflagrate and machinery involved in;" g) inserted a 16 ° f as follows: "16 ° f in articles 21 to 26 of the Cooperation Agreement of March 2, 2007, between the federal State , the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the Convention on the prohibition of the development, production, storage and use of chemical weapons and on their destruction, done at Paris on 13 January 1993; "."
CHAPTER 4.
-Amendments to the Act of 5 August 1992 on the function of police s. 7. article 44/2 of the Act of 5 August 1992 on the police function, inserted by the law of March 18, 2014, including the current text will form the 1st paragraph, is supplemented by a paragraph 2 as follows: "§ § 2 2" When joint exercise by all or part of the authorities, bodies, organizations, services, directions or commission referred to in article 3B-11-44, each within its legal competence, missions of prevention and monitoring of terrorism within the meaning of article 8, 1 °, b) of the Act of 30 November 1998 organic services of intelligence and security and extremism within the meaning of article 8 (, 1 ° c) of the same Act, when it can lead to terrorism, requires that they structure the personal data and information about these missions so that they can be directly recovered, these personal data and information are processed in one or more common databases.
The conditions for the establishment of banks of common data and the treatment of personal data and the information in these databases are specified in article 3A-11-44.
Article 139, paragraph 2, of the Code criminal applies to common data banks. "."
S. 8A article 44/3 of the same Act, inserted by the Act of March 18, 2014 and amended by the Act of March 26, 2014, the following changes are made: 1 ° in the paragraph 1, paragraph 3, the words "article 44/2" are replaced by the words "article 44/2, § 1";
2 ° a 1/1 paragraph worded as follows is added: "§ 1/1." A security and protection of the Privacy Advisor is appointed jointly by the Ministers of the Interior and Justice for the data with personal information handled in the context of common databases referred to in article 44/2, § 2. He is responsible for these databases of the tasks set out in the § 1, paragraph 5, and specifically, it ensures compliance with the General conditions of lawfulness of processing as they are laid down in articles 4 to 8 of of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
This security and privacy protection consultant is also responsible for contacts with the body and the Committee referred to in article 44/6, paragraph 2.
It functions independently from the authorities, bodies, organizations, services, directorates or commission referred to in article 3B-11-44. It reports directly to the Ministers of the Interior and Justice.
Adviser in security and privacy protection cannot be exercised by the Manager or by the Operations Manager referred to respectively in article 3A-11-44, §§ 9 and 10.
After receiving the opinion of the Committee on the protection of privacy, the King may lay down the rules according to which the Advisor in security and protection of privacy carries out its duties, particularly in the context of its relationship with the authorities, bodies, organizations, services, directions or commissions referred to in article 3B-11-44. "."
S. 9A article 44/4 of the same Act, inserted by the Act of March 18, 2014 and amended by the Act of March 26, 2014, the following changes are made: 1 ° in the paragraph 2, subparagraph 2 is supplemented by the words "with regard to the databases referred to in article 44/2 § 1".
2 ° paragraph 2 is supplemented by a paragraph worded as follows: "the Manager is the guarantor of the proper execution of these directives with regard to the databases referred to in article 44/2, § § 2 2".
S. 10. in article 44/5 of the same Act, inserted by the law of March 18, 2014, the words "article 44/2" are each time be replaced by the words "article 44/2, § 1".
S. 11A article 44/6 of the same Act, inserted by the Act of March 18, 2014, the following changes are made: 1 ° the words ' article 44/2 "are replaced by the words" article 44/2, § 1 ", 2 ° article is supplemented by a paragraph worded as follows:"in respect of the exercise of their respective duties, control of the processing of information and personal data

contained in the databases referred to in article 44/2, § 2, is provided jointly by: a) the body of control of police information;
b) Standing Committee of intelligence and security services, referred to in article 28 of the Act of 18 July 1991 organic control of the police and intelligence and the coordinating body for threat analysis.
They may at any time issue recommendations which they deem necessary for the treatments carried out in common databases. "."
S. 12. in article 11-44-3, § 4 of the Act, inserted by the law of March 18, 2014, the words "article 44/2" are replaced by the words "article 44/2, § 1".
S. 13. in chapter IV, section 1bis, of the same Act, inserted by the law of March 18, 2014 and amended by the Act of March 26, 2014, inserted a subsection 7A, with articles 11-44-3A to 3D-11-44, read as follows: "subsection 7bis. Common data banks.
S. 11-44-3A.
§ 1. During the joint missions referred to in article 44/2, § 2, the Ministers of the Interior and Justice can jointly create common data banks they become responsible of the treatment.
§ 2. The creation of a common data bank is motivated by one of the following purposes: 1 ° the need strategic, tactical or operational process in data sharing personal and information to carry out the respective tasks of the authorities, bodies, organizations, services, directions or commission referred to in article 44/2, § 2;
2 ° assistance to decision-making by the administrative authorities, administrative police or judicial police.
§ 3. Prior to its creation, of the Interior and Justice Ministers declare the common database, as well as treatment modalities, including those relating to the registration of data, and the different categories and types of personal data and processed information to the Committee and body referred to in article 44/6, paragraph 2, which jointly issue an opinion within 30 days from the receipt of the declaration.
§
4. Common data banks enable the treatment of different categories of data personal nature relating to persons, groups, organizations and phenomena that are adequate, relevant and not excessive in relation to the tasks referred to in article 44/2, § 2, and the purposes referred to in § 2.
For each common data bank, a royal decree deliberated in the Council of Ministers determines, after consultation with the Commission for the protection of privacy, the types of personal data processed, the rules of responsibilities for the protection of the personal data of the bodies, services, authorities and bodies dealing with data, the rules on security of processing the operating rules, retention and erasure of data.
§ 5. The personal data stored in common databases are deleted once the purposes referred to in § 2 disappear, and up to 30 years after the last treatment, without prejudice to the archives Act of 24 June 1955.
After the last treatment, it is examined at least every three years if the personal data are always a direct link with one of the purposes of § 2. If this is not the case, the data are deleted.
§ 6. All treatments carried out by directions, services, bodies, agencies, authorities and commission, in common databases subject to logging that is retained for 30 years after treatment in common databases.
§ 7. The personal data and information that should be deleted can be archived for a period of maximum 30 years.
At the end of that period, such data and information are erased, without prejudice to the archives Act of 24 June 1955.
Consultation of the archives of a common data bank can be achieved only in the context of the following purposes: 1 ° support the definition and the realization of the police policy and security terrorism and extremism leading to terrorism;
2 ° the processing of history with an investigation relating to a criminal act of terrorism;
3 ° the protection of the authorities referred to in article 3A-11-44 § 2, 2 ° to justice.
The result of the exploitation of the archives of the common data bank for the purpose laid down in paragraph 1, 1 °, is anonymised.
§ 8. Additional rules for management of common data banks can be determined by a royal decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy.
§ 9. A Manager is appointed for each store common data, by the King, on the joint proposal of the Ministers of the Interior and Justice. This Manager is responsible for the technical and functional of the common database management.
Manager provides at least the following missions:-create and make available the common data bank using the necessary technical resources on the basis of the opportunities arising from ICT-environment suitable for its service;
-manage the common database and ensure its maintenance;
-translated into functional rules the modalities for the treatment of information declared by Ministers under § 3;
-determine and enforce technical standards necessary to the functioning of the common data bank;
-provide advice on the technical and/or functional plan at the request of the operational Manager or advisor in security and protection of privacy;
-organize the rights and access to treatment in the common data bank;
-provide documentation and technical assistance;
-manage and treat the reporting of security incidents both technically and functionally.
§ 10. An Operations Manager is designated for each store common data, by the King, on the joint proposal of the Ministers of the Interior and Justice. This Manager is responsible for the operational management of the common data bank.
The Operations Manager provides at least the following missions:-monitor the quality of data processed within the common data bank and ensure their relevancy having regard to the purposes for which the database was created.
-exercise a coordinating function for the supply of the common database by the various services;
-organize the adequate collaboration between partners to achieve the planned objectives;
-ensure that the operation of the personal data and information meets the purposes described in section 2.
§ 11. For each common database, specific tasks of the Manager and Operations Manager can be determined by the King.
S. 3B-11-44 § 1. On the basis of the need to know, all or part of personal data and information of common databases are directly accessible to the body and services following, competence in the fields referred to in article 44/2, § 2: a) the body for the coordination of the threat analysis;
b) police integrated;
c) intelligence and security services.
§
2. On the basis of the need to know, particularly at strategic, tactical or operational, the personal data and information of common data banks can be notified or be directly accessible to the following services or be the subject of a direct search by these services, when they are responsible for skills in the areas provided for in article 44/2 § 2: a) the Standing Committee of the local police;
(b) the branch Centre of crisis;
c) Directorate General Security and Prevention of the Interior Federal Public service;
d) the Directorate-General of prisons and correctional facilities;
e) Federal Foreign Service Public Affairs, Directorate General Consular Affairs;
(f) the public prosecutor's Office);
(g) the financial information processing unit;
(h) the Office for foreigners);
(i) investigative services and research of the General Administration of customs and Excise.
By Decree deliberated in the Council of Ministers, after opinion of the Committee on the protection of private life, the King determines the type of access and its arrangements for the bodies, authorities, directions or services referred to in the paragraph 1.
§ 3. By Decree deliberated in the Council of Ministers, after receiving the opinion of the Committee on the protection of privacy, the King may determine other Belgian public authorities, bodies or agencies or public interest responsible under the law of the application of the criminal law or which have legal public security missions, which, when they are responsible for skills in the areas provided for in article 44/2 , § 2, can access, based on the need to know, particularly at the strategic, tactical or operational level to common data banks.
By Decree deliberated in the Council of Ministers, after opinion of the Committee on the protection of private life, the King determines the type of access and its arrangements for the bodies, authorities, directions or services referred to in the paragraph 1.
In addition, based on the need to know, particularly at strategic, tactical or operational, Ministers

of the Interior and Justice shall jointly designate the bodies, authorities or agencies referred to in paragraph 1 to which personal and information extracted from common data banks data may be communicated.
These bodies, authorities or agencies are determined in the prior declaration referred to in article 3A-11-44, § 3.
§
4. The body and the services referred to the § 1 and directions, services, bodies, agencies, authorities or commission referred to in §§ 2 and 3 2 that are directly accessing common data banks transmit ex officio to common data the personal data banks and information referred to in article 44/2. These data with personal information are stored in data banks common responsibility and in accordance with their internal validation procedures, in accordance with the rules that are determined by the King after obtaining the opinion referred to in article 3A-11-44, § 3.
The personal data and information introduced in common databases are immediately communicated to the head of each relevant policy area. In compliance with the conditions laid down in article 44/1, § 4, and pursuant to this article, it shall inform the competent administrative police authorities.
§ 5. By way of derogation from § 4 the obligation to feed the common data banks is deferred when and as long as the competent magistrate, with the agreement of the federal prosecutor, believes that this power can interfere with the exercise of public action or the safety of any person. If necessary, the federal Attorney can determine the conditions of this derogation. The federal prosecutor shall verify, at regular intervals, the need for the maintenance of the adjournment of the power of common data banks.
By way of derogation from § 4 the obligation to feed the common data banks is deferred, when and as long as the leader of the intelligence and security service believes that this power supply can jeopardize the safety of a person or information emanates from a foreign service that explicitly requested not to transmit from other services.
S. 11-44-3quater. To strengthen the prevention and the fight against terrorism and extremism leading to terrorism, personal and information extracted from a common data bank data may be communicated according to the rules laid down by the King, an authority or a third after assessment by the Manager entity, the Operations Manager, the body and the services referred to in article 3B-11-44 , § 1.
S.
11-44-3D. For the purposes referred to in article 44/2, § 2, without prejudice to the international rules binding the Belgium, the personal data and information of common data banks can be communicated to foreign police services, international organizations of judicial and police cooperation and to the international law enforcement agencies in accordance with article 44/11/13.
For the purposes referred to in article 44/2, § 2, without prejudice to the international rules binding the Belgium, the personal data and information of common data banks may be communicated to foreign intelligence services to foreign bodies of the analysis of the threat or equivalent in accordance with articles 21 and 22 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The King shall determine the modalities of the communication referred to in paragraphs 1 and 2. "."
CHAPTER 5. -Amendment of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data article 14. in article 3, § 4, of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data inserted by the law of 11 December 1998 and amended by laws on May 3, 2005, and July 10, 2006, the words ", by the Ministers of the Interior and Justice and referred to in article 44/2" ', § 2 of the Act on the police function "shall be inserted between the words"security officers"and the words"and by the Standing Committee of control of the intelligence services".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, April 27, 2016.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 54-1727: April 14, 2016