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Legislation Relating To Automated Treatment Of Personal Data Necessary For The Belgian Passports And Travel

Original Language Title: Loi relatif aux traitements automatisés de données à caractère personnel nécessaires aux passeports et titres de voyage belges

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belgiquelex.be - Carrefour Bank of Legislation

10 FEVRIER 2015. - Law on automated processing of personal data required for Belgian passports and travel documents



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - Preliminary provisions
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. For the purposes of this Act:
1° "Belgian passport": the travel title only issued to the Belgians, which is presented in the form of a booklet whose content and form are fixed by international agreements;
2° "Belgian travel title": the travel title issued in special circumstances to Belgians and non-Belges. This document may be presented in other forms than that of the booklet referred to in 1°;
3° "the minister": the minister who has foreign affairs in his office;
4° "SPF Foreign Affairs": Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation;
5° "Indoor Public Service": Indoor Federal Public Service;
6° "data relief": the deletion of personal data from a specified automated processing and their transfer to other automated data processing;
7° "data destruction": the definitive and irremediable deletion of personal data of a specified automated processing, without the data being stored elsewhere or in any form.
CHAPTER 2. - Automated processing of personal data for the production of Belgian passports and travel documents
Art. 3. The Minister is responsible for the automated processing of personal data for the production of Belgian passports and travel documents.
Art. 4. The personal data recorded in the automated processing referred to in section 3 are:
1° data relating to the Belgian passport holder or travel title:
(a) family name, first name, date and place of birth, sex;
(b) signature;
(c) the national registry number;
(d) the digitized image of the holder's face photo;
(e) the digitized image of the fingerprints of the index of the left hand and the right hand of the holder or, in case of disability or incapacity, of another finger of each hand;
(f) nationality (except for travel documents for foreigners, stateless persons and refugees);
(g) the address, e-mail address and GSM number;
2° passport data or Belgian travel document:
(a) number of the Belgian passport or travel document;
(b) type of passport or Belgian travel document;
(c) application procedure (normal or urgent);
(d) date and place of issue;
(e) issuing authority;
(f) expiry date;
3° data on the production of the Belgian passport or travel title:
(a) place of production;
(b) place of filing of the application;
(c) date of receipt of the application;
(d) order number of the application;
(e) possible refusal of the application;
(f) mention of the status of production of the Belgian passport or travel document and the date of its status;
(g) the date of sending the Belgian passport or travel document to the administration of the application;
(h) administration of filing of the application;
(i) sending number;
(j) billing data;
(k) data on the free replacement of the Belgian passport or travel document.
Art. 5. The personal data recorded in the automated processing referred to in section 3 is retained for three months.
After this period, the following data are destroyed, except where the Belgian overseas expressly requests their retention for ten years pursuant to Article 15, paragraph 2:
1° the digitized image of the fingerprints of the index of the left hand and the right hand of the holder or, in case of disability or incapacity, of another finger of each hand;
2° the address, email address and GSM number.
Other data are deleted from this data processing. They are all or in part transmitted to automated treatments referred to in articles 16, 20 and 24.
Art. 6. The personal data recorded in the automated processing referred to in Article 3 shall be used exclusively by the staff of the Foreign Affairs SPF assigned to the service that implements the automated processing, as well as by the personnel responsible for the application of Belgian passports and travel documents listed below:
1° the personnel responsible for the application of the passport and travel documents regulations to the FPS Foreign Affairs, individually authorized by the Minister or by the staff designated by the Minister;
2° the staff of the municipalities and provinces responsible for issuing passports and travel documents, individually authorized by the mayor or governor;
3° diplomatic and consular personnel responsible for the issuance of passports and travel documents, individually authorized by the ambassador or consul;
4° the personnel responsible for the issuance of diplomatic and service passports to the Ministry of Defence, individually authorized by the Minister of Defence or by the personnel designated by the Minister of Defence for that purpose;
5° the company responsible for the production of passports and travel documents and the persons strictly authorized by it within it, for the sole purpose of producing and issuing passports and travel documents.
CHAPTER 3. - Registration of personal data on the electronic chip of Belgian passports and travel documents
Art. 7. In order to identify Belgian passport holders and travel documents, they include an electronic chip containing personal data.
Art. 8. The personal data stored on the electronic chip referred to in section 7 are:
1st family name, first name, date and place of birth, sex;
2° the digitized image of facial photo and fingerprints;
3° nationality (except for travel documents for refugees, stateless persons and foreigners);
4 the date of issue and the date of expiry of the document, as well as the authority that issued it;
5° the passport number or Belgian travel title;
6° the type of document;
7° the ISO code of the issuing country;
8° a copy of the machine-readable area;
9° a copy of the data page;
10° the chip serial number.
Art. 9. The personal data stored on the electronic chip referred to in section 7 is stored on the chip as long as the passport or travel document has not been destroyed.
Art. 10. The personal data stored on the electronic chip referred to in Article 7 are exclusively used by the staff of the SPF Foreign Affairs assigned in the service that implements the said automated processing, as well as by the personnel responsible for the applications or control of Belgian passports and travel documents listed below:
1° the personnel responsible for the application of the passport and travel documents regulations to the FPS Foreign Affairs, individually authorized by the Minister or by the staff designated by the Minister;
2° the staff of the municipalities and provinces responsible for issuing passports and travel documents, individually authorized by the mayor or governor;
3° diplomatic and consular personnel responsible for the issuance of passports and travel documents, individually authorized by the ambassador or consul;
4° the personnel responsible for the issuance of diplomatic and service passports to the Ministry of Defence, individually authorized by the Ministry of Defence or by the personnel designated by the Minister of Defence for that purpose;
5° the company responsible for the production of passports and travel documents and the persons strictly authorized by it within it for the purposes of the production and issuance of passports and travel documents;
6° the border control staff, both in Belgium and abroad.
CHAPTER 4. - Automated processing of personal data for defective Belgian passport and travel documents compensation
Art. 11. The Minister is responsible for the automated processing of personal data for the compensation of defective Belgian passport holders and travel documents.
Art. 12. The personal data recorded in the automated processing referred to in section 11 are:
1st family name, first names;
2° the file number of the claim for compensation;
3° the passport number or defective travel title;
4° the passport number or replacement travel title;
5° the reason for the replacement;
6° the date of replacement of the passport or travel document;
7° the claim date;
8° the amount of compensation claimed;
9° the date of compensation;
10° the amount of compensation awarded;
11° the applicant's agreement with the compensation decision;
12° the telephone number of the applicant;
13° the bank account number of the applicant;
14° the applicant's address;
15° the applicant's e-mail address.
Art. 13. The personal data recorded in the automated processing referred to in section 11 is retained for sixty-six months.
After this period, this data is destroyed.
Art. 14. The personal data recorded in the automated processing referred to in Article 11 shall be used exclusively by:
1° the staff of the SPF Foreign Affairs assigned to the service that implements the said automated processing, as well as that assigned to the services responsible for the compensation of the holders of defective Belgian passports and travel documents;
2° the company responsible for the production of passports and travel documents and the persons strictly authorized by it within it, for the sole purpose of producing and issuing passports and travel documents.
CHAPTER 5. - Automated processing of personal data for the pre-registration and replacement of Belgian passports abroad
Art. 15. The Belgian registered in a consular population register abroad may, on a voluntary basis, request from a diplomatic or career consular post, the pre-registration and retention of its data for a subsequent passport application.
The Belgian registered in a consular register abroad may also, on a voluntary basis, request the diplomatic or consular career post where he obtained his passport, the retention of his data for the replacement of his passport in the event of loss or theft of the passport or a defective passport.
Art. 16. The Minister is responsible for the automated processing of personal data for the pre-registration and replacement of the passport of Belgians abroad.
Art. 17. Personal data recorded in the automated processing referred to in Article 15, paragraph 1er, are identical to those referred to in Article 4, 1°. The personal data recorded in the automated processing referred to in Article 15, paragraph 2, are identical to those referred to in Article 4, 1 and 2°.
Art. 18. Personal data recorded in the automated processing referred to in Article 15, paragraph 1er, are retained for up to one year from the pre-registration date.
They are removed from this automated treatment as soon as the Belgian abroad has actually requested a passport during this period of one year. In this case, they are transmitted to the automated processing referred to in section 3.
If no passport has been requested during this period, they are destroyed.
The personal data recorded in the automated processing referred to in Article 15, paragraph 2, shall be retained for a maximum of ten years from the date of issuance of the passport.
After this period, the data is deleted from this automated processing and transmitted to the automated processing referred to in section 20, with the exception of the data referred to in section 4, 1°, e) and g), which are destroyed.
Art. 19. The personal data recorded in the automated processing referred to in Article 15 are exclusively used by the staff of the SPF Foreign Affairs assigned to the service that implements the automated processing, as well as by the personnel responsible for the application of Belgian passports and travel documents listed below:
1° the personnel responsible for the application of the passport and travel documents regulations to the FPS Foreign Affairs, individually authorized by the Minister or by the staff designated by the Minister;
2° diplomatic and consular personnel responsible for the issuance of passports and travel documents, individually authorized by the ambassador or consul;
3° the company responsible for the production of passports and travel documents and the persons strictly authorized by it within it, for the sole purpose of producing and issuing passports and travel documents.
CHAPTER 6. - Automated processing of personal data to combat fraud against Belgian passports and travel documents
Art. 20. The Minister is responsible for the processing of personal automated data to combat fraud in Belgian passports and travel documents.
Art. 21. The personal data recorded in the automated processing referred to in section 20 are:
1° data relating to the Belgian passport holder or travel title:
(a) family name, first name, date and place of birth, sex;
(b) signature;
(c) the national registry number;
(d) the digitized image of the holder's face photo;
(e) nationality (except for travel documents for foreigners, stateless persons and refugees);
2° passport data or Belgian travel document:
(a) number of the Belgian passport or travel document;
(b) type of passport or Belgian travel document;
(c) application procedure (normal or urgent);
(d) date and place of issue;
(e) issuing authority;
(f) expiry date;
3° data on the production of the Belgian passport or travel title:
(a) place of production;
(b) place of filing of the application;
(c) date of receipt of the application;
(d) order number of the application;
(e) possible refusal of the application;
(f) mention of the status of production of the Belgian passport or travel document and the date of its status;
(g) the date of sending the Belgian passport or travel document to the administration of the application;
(h) administration of filing of the application;
(i) sending number;
(j) status of the chip.
Art. 22. The personal data recorded in the automated processing referred to in section 20 shall be retained for twenty years.
After this period, the data is destroyed.
Art. 23. § 1er. The personal data recorded in the automated processing referred to in section 20 shall be used exclusively by the FPS Foreign Affairs staff assigned to the service that implements the automated processing, as well as by the personnel listed below:
1° FPS staff Foreign Affairs in Brussels, responsible for the application of the regulations relating to passports and travel documents, individually authorized by the Minister or by the staff designated by the Minister;
2° diplomatic and consular personnel, responsible for issuing passports and travel documents, individually authorized by the ambassador or consul;
3° the staff of the municipalities and provinces responsible for issuing passports and travel documents, individually authorized by the mayor or governor;
4° the personnel of the Ministry of Defence responsible for the issuance of diplomatic passports and service passports, individually authorized for this purpose by the Minister of Defence or by the personnel designated by the Minister of Defence;
5° the duly authorized staff of the Inland FPS performing border controls;
6° duly authorized personnel or magistrates to the police, judicial services or intelligence services, for the purpose of investigating or establishing fraud relating to the identity of a person;
7° Inner FPS personnel responsible for the management and operation of the "Checkdoc" application.
§ 2. Persons referred to in § 1er, 1° to 4°, have access to all data referred to in Article 21.
Persons referred to in § 1er, 5° to 7°, only have access to the data referred to in Article 21, 1° and 2°.
CHAPTER 7. - Automated processing of personal data for the billing of Belgian passports and travel documents
Art. 24. The Minister is responsible for the automated processing of personal data for the billing of Belgian passports and travel documents.
Art. 25. The personal data recorded in the automated processing referred to in section 24 are:
1° data relating to the Belgian passport holder or travel title:
(a) family name, first name, date of birth;
(b) the National Registry Number;
2° passport data or Belgian travel document:
(a) number of the Belgian passport or travel document;
(b) type of passport or Belgian travel document;
(c) application procedure (normal or urgent);
(d) date and place of issue;
(e) issuing authority;
3° data on the production of the Belgian passport or travel title:
(a) billing data;
(b) data on the free replacement of the Belgian passport or travel document.
Art. 26. The personal data recorded in the automated processing referred to in section 24 is retained for five years.
After this period, the data referred to in Article 25, 1 and 2° are deleted from this data processing and the data referred to in Article 25, 3°, are destroyed. The data referred to in Article 25, 1 and 2° are still stored as part of the automated processing referred to in Articles 16 and 20.
Art. 27. The personal data recorded in the automated processing referred to in section 24 shall be used exclusively by the FPS Foreign Affairs staff assigned to the service that implements the automated processing, as well as by the billing staff listed below:
1° FPS staff Foreign Affairs in Brussels responsible for the issuance and billing of passports and travel documents, individually authorized by the Minister or by the staff designated by the Minister;
2° diplomatic and consular personnel responsible for issuing and billing passports and travel documents, individually authorized by the ambassador or consul;
3° the staff of municipalities and provinces responsible for the issuance and payment of passports and travel documents, individually authorized by the mayor or governor;
4° the personnel of the Ministry of Defence responsible for the issuance and payment of diplomatic passports and service passports, individually authorized for this purpose by the Minister of Defence or by the personnel designated by the Minister of Defence for that purpose;
5° the company responsible for the production of passports and travel documents and the persons strictly authorized by it within it, only for the production, issuance and billing of passports and travel documents.
CHAPTER 8. - General provisions
Art. 28. The applicant for the Belgian passport or travel document receives a confirmation of the recorded data on the electronic chip and automated processing as well as a communication on his rights and obligations during the collection of personal data.
Art. 29. The holder of the Belgian passport or travel document has the right, upon presentation of this document, to his or her identity card or any other document taking place, with the authority that issued the passport or travel document or with the SPF Foreign Affairs:
1° to consult the information concerning it that is repeated in the automated treatments referred to in Articles 3, 11, 15, 20 and 24 and on the chip referred to in Article 7;
2° to require the rectification of this data if not repeated in a precise, complete and accurate manner.
Art. 30. § 1er. All persons who, in the performance of their functions, intervene in the collection, processing or transmission of data are held in professional secrecy. They shall take all necessary measures to keep the data up-to-date, correct the wrong data and destroy the data expired or obtained by illicit or fraudulent means.
They guarantee the security of recorded data and, in particular, prevent them from being distorted, damaged or unlawfully communicated to persons who do not have the permission to become aware of it.
They ensure the appropriateness of programs for automatic data processing and the regularity of their application.
They ensure the regularity of data transmission.
§ 2. Offences referred to in Article 30, § 1er, are punished by a fine of twenty-six euros to five hundred euros. The provisions of Book 1 of the Criminal Code, including Chapter VII and Article 85, are applicable to these offences.
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 10 February 2015.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
Session 2014-2015:
House of Representatives.
Documents. - Bill, 54-0731/1. Report on behalf of the Commission, 54-0731/2. - Text adopted in Committee External Relations of the Chamber, 54-0731/3. - Text adopted in plenary meeting of the Chamber, 54-0731/4.