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

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2015015026&caller=list&article_lang=F&row_id=400&numero=402&pub_date=2015-03-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-03-02 Numac: 2015015026 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and 10 February 2015 development COOPERATION. -Bill treatment automated of personal data, necessary for the passports and travel Belgian PHILIPPE King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions preliminary Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. for the purposes of this Act, shall mean: 1 ° 'Belgian passport': travel only issued to Belgians, which comes in the form of a booklet which content and form are established by international agreements;
2 ° "title of Belgian travel": the travel document issued in special circumstances to Belgians and of Belgians. This document may come in other forms than that of the booklet referred to in 1 °;
3 ° "Minister": the Minister who has the Foreign Affairs in his or her attributions;
4 ° "FPS Foreign Affairs": the Service Public Federal Foreign Affairs, foreign trade and Development Cooperation;
5 ° "SPF intérieur": Service Public Federal Interior;
6 ° "delete data": erasure of personal data of a specified automated processing and their transfer to other automated processing of data;
7 ° "destruction of data": erasure definitive and irremediable automated processing personal data determined, unless these data are more kept elsewhere or in any form whatsoever.
CHAPTER 2. -Automatic processing of personal data for the production of passports and Belgian travel documents art. 3. the Minister is responsible for the automatic processing of personal data for the production of passports and Belgian travel documents.
S. 4. the personal data stored in automated processing referred to in article 3 are: 1 ° the holder of the passport or Belgian travel-related data: has) the family name, first names, date and place of birth, sex;
(b) the signature;
(c) the number of national register;
d) image of the facial image of the holder;
e) the scanned image of the fingerprints of the index of the left hand and the right hand of the holder or, in the event of invalidity or unfitness, another finger of each hand;
f) citizenship (except for travel for foreigners, stateless persons and refugees);
g) address, email address and mobile phone number;
2 ° data concerning the passport or Belgian travel: a) the passport number or the title of Belgian travel;
(b) type of passport or Belgian travel;
(c) application (normal or urgent) process;
(d) date and place of issuance;
(e) issuing authority;
(f) date of expiration;
3rd data relating to the production of the passport or Belgian travel: has) place of production;
(b) place of filing of the application;
(c) date of receipt of the application;
(d) serial number of the application;
(e) refusal of the application;
(f) reference to the production status of the passport or the title of Belgian travel and the date of this Statute;
(g) date of dispatch of the passport or Belgian travel to the administration of the application;
(h) administration of filing of the application;
(i) item number;
(j) billing data;
(k) data on the free replacement of the passport or Belgian travel.
S. 5. the personal data stored in automated processing referred to in article 3 are kept for three months.
After this period, the following data are destroyed, except when the Belgian abroad specifically requires their conservation during ten years pursuant to article 15, paragraph 2: 1 ° the scanned image of the fingerprints of the index of the left hand and the right hand of the holder or, in the event of invalidity or unfitness of a different finger of each hand;
2 ° the address, email address and mobile phone number.
Other data are removed from the data processing. They are all or partly transmitted to automated treatment referred to in articles 16, 20 and 24.
S. 6. the personal data stored in automated processing referred to in article 3 are exclusively used by the staff of the FPS Foreign Affairs affected the service which implements the automated treatment, as well as by the responsible staff applications for passports and Belgian travel listed below: 1 ° the staff responsible for the application of the rules on passports and travel documents to the FPS Foreign Affairs individually authorized by the Minister or by the staff that the Minister has designated for this purpose;
2 ° the personnel of municipalities and provinces the issuance of passports and travel, individually authorised by the mayor or the Governor;
3 ° the diplomatic and consular personnel responsible for the issuance of passports and travel, individually authorised by the Ambassador or the consul;
4 ° the staff responsible for issuing diplomatic passports and service at the Ministry of defence, individually authorised by the Minister of defence or the staff appointed by the Minister of defence for this purpose;
5 ° the company responsible for the production of passports and travel documents to people strictly authorised by it in his breast, for the sole purpose of production and issuance of passports and travel documents.
CHAPTER 3. -Registration of the personal data on the chip of the passports and Belgian travel article 7. in order to identify holders of the passports and Belgian travel documents, they include an electronic chip containing personal data.
S.
8. the personal data stored on the chip referred to in article 7 are: 1 ° the surname, forenames, date and place of birth, sex;
2 ° the image digitized facial image and fingerprints;
3 ° the nationality (except for travel for refugees, stateless persons and aliens);
4 ° the date of issue and the date of expiry of the document, and the authority which issued it;
5 ° the Belgian travel document or passport number;
6 ° the document type;
7 ° the ISO code of the issuing country;
8 ° a copy of the machine-readable zone;
9 ° a copy of the page of data.
10 ° the serial number of the chip.
S. 9. the personal data stored on the chip referred to in article 7 are preserved on the chip as long as the passport or travel document was not destroyed.
S. 10. the personal data stored on the chip referred to in article 7 are exclusively used by the staff of the FPS Foreign Affairs assigned to the service which implements the automated treatment, as well as by the responsible staff applications listed below Belgian travel documents and passport control: 1 ° the staff responsible for the application of the rules on passports and travel documents to the FPS Foreign Affairs individually authorized by the Minister or by the staff that the Minister has designated for this purpose;
2 ° the personnel of municipalities and provinces the issuance of passports and travel, individually authorised by the mayor or the Governor;
3 ° the diplomatic and consular personnel responsible for the issuance of passports and travel, individually authorised by the Ambassador or the consul;
4 ° the staff responsible for issuing diplomatic passports and service at the Ministry of defence, individually authorised by the Ministry of defence or the staff appointed by the Minister of defence for this purpose;
5 ° the company responsible for the production of passports and travel documents to people strictly authorised by it in his breast, for the sole purpose of production and issuance of passports and travel documents;
6 ° the staff responsible for control at the borders, both in Belgium and abroad.
CHAPTER 4. -Automatic processing of personal data for compensation for passports and defective Belgian travel article 11. the Minister is responsible for the automatic processing of personal data for compensation for defective Belgian travel documents and passport holders.
S. 12. the personal data stored in automated processing referred to in article 11 are: 1 ° the surname, given names;
2 ° the claim file number;
3 ° the number of the passport or travel document defective;
(4) the number of the passport or travel of replacement;
5 ° the reason for replacement.
6 ° the date of replacement of the passport or travel document;
7 ° the date of claim for compensation;
8 ° the amount of compensation claimed;
9 ° the date of decision for compensation;
10 ° the amount of compensation awarded;
11 ° the agreement of the applicant with the compensation decision;
12 ° the telephone number of the applicant;
13 ° the applicant's bank account number;
14 ° the address of the applicant;
15 ° the e-mail address of the applicant.
S. 13. the personal data stored in automated processing referred to in article 11 are preserved sixty-six months.
After this period, these data are destroyed.
S. 14. the personal data stored in automated processing referred to in article 11 are used exclusively by:

1 ° the FPS Foreign Affairs personnel assigned in the service which implements the automated treatment, as well as assigned in the compensation of passport holders and securities enforcement defective Belgian travel;
2 ° the company responsible for the production of passports and travel documents to people strictly authorised by it in his breast, for the sole purpose of production and issuance of passports and travel documents.
CHAPTER 5. -Automatic processing of personal data for pre-registration and replacement of the passports of the Belgians of foreign art. 15. the Belgian entered in a register of consular population abroad may, on a voluntary basis request from one diplomatic or consular career, pre-registration and the conservation of its data for a subsequent application for Passport.
The Belgian entered in a register of consular population abroad may also, on a voluntary basis, apply to the diplomatic or consular career position where he obtained his passport, the conservation of its data for the replacement of his passport in case of loss or theft of passport or a faulty passport.
S. 16. the Minister is responsible for the automatic processing of personal data for the pre-registration and the replacement of the passport of the Belgians from abroad.
S. 17. the personal data stored in automated processing referred to in article 15, paragraph 1, are identical to those referred to in article 4, 1 °. The personal data stored in automated processing referred to in article 15, paragraph 2, are identical to those referred to in article 4, 1 ° and 2 °.
S. 18. the personal data stored in automated processing referred to in article 15, paragraph 1, are stored maximum one year from the date of pre-registration.
They are deleted from this automated processing as soon as the Belgian abroad actually applied for a passport during this one year period. In this case, they are transmitted to the automated processing referred to in article 3.
If no passport has been requested during this period, they are destroyed.
The personal data stored in automated processing referred to in article 15, paragraph 2, are kept up to ten years from the date of issue of the Passport.
After this period, the data are removed from the processing automated and sent to the automated processing referred to in article 20, with the exception of the data referred to in article 4, 1 °, e) and (g)), which are destroyed.
S. 19. the personal data stored in automated processing referred to in article 15 are exclusively used by the staff of the FPS Foreign Affairs affected the service which implements the automated treatment, as well as by the responsible staff applications for passports and titles listed below Belgian travel: 1 ° the staff responsible for the application of the rules on passports and travel documents to the FPS Foreign Affairs individually authorized by the Minister or by the staff that the Minister has designated for this purpose;
2 ° the diplomatic and consular personnel responsible for the issuance of passports and travel, individually authorised by the Ambassador or the consul;
3 ° the company responsible for the production of passports and travel documents to people strictly authorised by it in his breast, for the sole purpose of production and issuance of passports and travel documents.
CHAPTER 6. -Automatic processing of personal data for the fight against fraud passport and Belgian travel documents art. 20. the Minister is responsible for the data processing automated personal for the fight against fraud to passports and Belgian travel documents.
S.
21. the personal data stored in automated processing referred to in article 20 are: 1 ° the holder of the passport or Belgian travel-related data: has) the family name, first names, date and place of birth, sex;
(b) the signature;
(c) the number of national register;
d) image of the facial image of the holder;
e) citizenship (except for travel for foreigners, stateless persons and refugees);
2 ° data concerning the passport or Belgian travel: a) the passport number or the title of Belgian travel;
(b) type of passport or Belgian travel;
(c) application (normal or urgent) process;
(d) date and place of issuance;
(e) issuing authority;
(f) date of expiration;
3rd data relating to the production of the passport or Belgian travel: has) place of production;
(b) place of filing of the application;
(c) date of receipt of the application;
(d) serial number of the application;
(e) refusal of the application;
(f) reference to the production status of the passport or the title of Belgian travel and the date of this Statute;
(g) date of dispatch of the passport or Belgian travel to the administration of the application;
(h) administration of filing of the application;
(i) item number;
(j) status of the chip.
S.
22. the personal data stored in automated processing referred to in article 20 are retained for twenty years.
After this period, data are destroyed.
S.
23 § 1. The personal data stored in automated processing referred to in article 20 are exclusively used by the staff of the FPS Foreign Affairs affected the service which implements the automated treatment, as well as by the personnel listed below: 1 ° the staff of the FPS Foreign Affairs in Brussels, for the implementation of the regulation on passports and travel documents individually authorized by the Minister or by the staff that the Minister has designated for this purpose;
2 ° the diplomatic and consular staff responsible for the issuance of passports and travel, individually authorised by the Ambassador or the consul;
3 ° the personnel of municipalities and provinces the issuance of passports and travel, individually authorised by the mayor or the Governor;
4 ° the staff of the Ministry of defence responsible for the issuance of passports diplomatic and service passports, individually empowered for this purpose by the Minister of defence or the Minister of defence staff has designated for this purpose;
5 ° the staff duly authorized SPF Interior making controls borders;
6 ° the duly empowered staff or judges with the police, judiciary and intelligence services, and services only for the purposes of search or to establish a fraud relating to a person's identity;
7 ° the staff of SPF Interior, responsible for the management and operation of enforcement 'Checkdoc'.
§
2. The persons referred to the § 1, 1 ° to 4 °, have access to all the data referred to in article 21.
The persons referred to the § 1, 5 ° to 7 °, only have access to the data referred to in article 21, 1 ° and 2 °.
CHAPTER 7. -Automatic processing of personal data for invoicing of passports and Belgian travel article
24. the Minister is responsible for the automatic processing of personal data for invoicing of passports and Belgian travel.
S. 25. the personal data stored in automated processing referred to in article 24 are: 1 ° the holder of the passport or Belgian travel-related data: has) the surname, given names, date of birth;
(b) the number of national register;
2 ° data concerning the passport or Belgian travel: a) the passport number or the title of Belgian travel;
(b) type of passport or Belgian travel;
(c) application (normal or urgent) process;
(d) date and place of issuance;
(e) issuing authority;
3rd data relating to the production of the passport or Belgian travel: has) billing data;
(b) data concerning free replacement passport or Belgian travel.
S. 26. the personal data stored in automated processing referred to in article 24 are kept for five years.
After this period, the data referred to in article 25, 1 ° and 2 °, are removed from the 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 preserved in the automated treatments referred to in articles 16 and 20.
S. 27. the personal data stored in automated processing referred to in article 24 are exclusively used by the staff of the FPS Foreign Affairs affected the service which implements the automated treatment, as well as the billing staff listed below: 1 ° the FPS Foreign Affairs in Brussels staff responsible for issuance and billing of passports and travel documents individually authorized by the Minister or by the staff that the Minister has designated for this purpose;
2 ° the diplomatic and consular staff responsible for the issuance and billing of passports and travel, individually authorised by the Ambassador or the consul;
3 ° the communes and provinces staff responsible for the issuance and payment of passport and travel, individually authorised by the mayor or the Governor;
4 ° the staff of the Ministry of defence responsible for the issuance and payment of diplomatic passports and service passports, individually

empowered for this purpose by the Minister of defence or the staff that the MND has designated for this purpose;
5 ° the company responsible for the production of passports and travel documents to people strictly authorised by it in his breast, for the sole purpose of production, issuance and billing of passports and travel documents.
CHAPTER 8. -Provisions general article 28. the applicant of passport or Belgian travel receives confirmation of the data recorded on the chip and in automated processing and a communication on its rights and obligations when collecting the personal data.
S.
29. the holder of the passport or the Belgian travel document has the right, on presentation of this document, of his identity card or any other document in lieu thereof, the authority which issued the passport or travel document or from the FPS Foreign Affairs: 1 ° to consult the information contained in the automated treatment 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 such data if they are not taken up in precise, complete and correct.
S. 30 § 1.
All persons involved in the performance of their duties, in the collection, processing or transmission of data are held to professional secrecy. They take all the necessary measures to keep the data up-to-date and correct erroneous data and destroy expired data or obtained by unlawful or fraudulent means.
They guarantee the security of the stored data and, in particular, prevent be distorted, damaged or communicated illegally to people who do not have the authorization to become acquainted.
They ensure the appropriateness of the programs used for the automatic processing of data as well as the regularity of their application.
They shall ensure the regularity of the transmission of the data.
§ 2. The offences referred to in article 30 § 1, shall be punished by a fine of twenty five hundred euro EUR. The provisions of book I of the penal Code, including Chapter VII and article 85, shall apply to these offences.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, February 10, 2015.
PHILIPPE by the King: the Minister of Foreign Affairs, D. REYNDERS sealed with the seal of the State: the Minister of Justice, K. GARG _ notes Session 2014 - 2015: House of representatives.
Documents.
-Bill, 54-0731/1. -Report on behalf of the Committee, 54-0731/2. -Text adopted in Committee external relations of the Chamber, 54-0731/3. -Text adopted at the plenary of the House, 54-0731/4.