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23 AOUT 2015. - An Act to amend the Privacy Protection Act of 8 December 1992 with respect to the processing of personal data with respect to the Police Information Control Board (1)

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. - Amendments to the Privacy Protection Act of 8 December 1992 with respect to the processing of personal data
Art. 2. In section 36ter of the Act of 8 December 1992 on the protection of privacy with respect to the processing of personal data, inserted by the Act of 18 March 2014, a paragraph 2/1 is inserted as follows:
§ 2/1. Without prejudice to the authority of the House of Representatives to review the detailed budget of the Police Information Control Board, to approve and monitor its performance, and to verify and approve the detailed accounts, the appropriations provided for in this budget are included in the General Estimates of the State.
The Board of Auditors, together with its budget proposal, shall establish, without prejudice to the comments of the House of Representatives, the subject matter and form; the annual activity report referred to in section 36ter/13, 1°, includes a component describing the follow-up to this plan.".
Art. 3. In section 36ter/1 of the Act, inserted by the Act of 18 March 2014, subsection 2 is replaced by the following:
"§2. Before taking office, the members of the Supervisory Body shall, in the hands of the President of the House of Representatives, take the oath prescribed by Article 2 of the Decree of 30 July 1831. ".
Art. 4. In the same Act, an article 36ter/1/1 is inserted as follows:
"Art. 36ter/1/1. The President of the Monitoring Body shall, in accordance with collegiality, oversee the meetings of the Review Body and the day-to-day management of its activities. It ensures the proper functioning of the Inspection Body, the proper execution of its missions and the application of the rules of procedure referred to in Article 36ter, § 3. The above-mentioned rules of procedure determine which member assumes the duties of the president in the event of absence or incapacity of the president. ".
Art. 5. In the same Act, section 36ter/7, inserted by the Act of 18 March 2014, the current text of which will form paragraph 1^er, is supplemented by paragraph 2 as follows:
"§2. Experts receive treatment as defined in the A3 scale of the statute of the officers of the Privacy Commission.
Their already acquired pecuniary age is taken into account and they are also entitled to the intercalar increases in this scale.
The status of officers of the Privacy Commission applies to the category of experts referred to in subsection 1^er".
Art. 6. In the same Act, section 36ter/11, inserted by the Act of 18 March 2014, is supplemented by a paragraph written as follows:
"The members of the Supervisory Body are subject to the professional secrecy referred to in section 458 of the Criminal Code in respect of the facts, acts and information that they are aware of as a result of their duties. The secret remains even when they ceased their duties.".
CHAPTER 3. - Entry into force
Art. 7. Section 2 produces its effects on 1^er January 2015.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Geneva, 23 August 2015.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Security and Interior,
J. JAMBON
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1)
House of Representatives
(www.lachambre.be)
Documents: 54-1240 - 2014/2015.
Full report: July 23, 2015.