Act Amending The Act Of 9 December 2004 On International Mutual Assistance In Criminal Matters And To Amend Section 90B Of The Code Of Criminal Investigation (1)

Original Language Title: Loi modifiant la loi du 9 décembre 2004 sur l'entraide judiciaire internationale en matière pénale et modifiant l'article 90ter du code d'instruction criminelle (1)

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belgiquelex.be - Carrefour Bank of Legislation

15 MAI 2014. - An Act to amend the International Mutual Assistance in Criminal Matters Act of 9 December 2004 and to amend section 90ter of the Criminal Code (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The title of the Act of 9 December 2004 on international mutual legal assistance in criminal matters and amending section 90ter of the Code of Criminal Investigation is replaced by the following:
"The Law on International Police Transmission of Personal Data and Information for Judicial Purpose, International Legal Assistance in Criminal Matters and Amending Article 90ter of the Code of Criminal Investigation".
Art. 3. In the same law, a chapter I is inserted.er/1er, entitled "From the International Police Transmission of Personal Data and Information to Judicial Purpose".
Art. 4. In chapter Ier/1er, inserted by article 3, an article 2/1 is inserted as follows:
"Art. 2/1. This chapter concerns the transposition of Council Framework Decision 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union. ".
Art. 5. In the same chapter, an article 2/2 is inserted as follows:
"Art. 2/2. The international police transmission of personal data and information for judicial purposes to the Member States of the European Union and to the countries associated with Schengen within the meaning of this law is exclusively for personal data and information directly available or directly accessible to the Belgian police services.
Directly available, it should be understood: personal data and information already available to the police services.
Directly accessible, it should be understood: personal data and information available to other authorities, public or private services or persons and to which Belgian police services have access under the law.".
Art. 6. In the same chapter, an article 2/3 is inserted as follows:
"Art. 2/3. The international police transmission of personal data and information referred to in Article 2/2 shall be carried out without prejudice to the instruments of international law binding Belgium on international police cooperation and promoting it.".
Art. 7. In the same chapter, an article 2/4 is inserted as follows:
"Art. 2/4. The personal data or information transmitted may not be used as evidence unless the competent Belgian judicial authority has authorized such use. ".
Art. 8. In the same chapter, an article 2/5 is inserted as follows:
"Art. 2/5. § 1er. Personal data and information directly available or directly accessible may be transmitted independently by the police to a police service of another Member State or a country associated with Schengen without prior authorization from a judicial authority.
§ 2. However, the police cannot transmit this personal data and information to a police service of another Member State or a country associated with Schengen only by prior written permission of the competent judicial authority if:
1° these personal data and information are subject to an embargo measure referred to in section 44/8 of the Act of 5 August 1992 on the police function or section 11 of the Act of 10 July 2006 on the analysis of the threat;
2° the police services can only obtain these personal data and information in the context of a Belgian procedure through the authorization of a magistrate.".
Art. 9. In the same chapter, an article 2/6 is inserted, as follows:
"Art. 2/6. Police services cannot transmit personal data and information to a police service of another Member State or a country associated with Schengen if:
1° the transmission of personal data and information may affect the essential interests of the Belgian State in matters of national security;
2° the competent judicial authority has indicated that the transmission of data or information may compromise the conduct of an investigation;
3° the transmission of personal data and information may compromise the security of persons or the source of personal data and information;
4° there are elements that indicate that the personal data and requested information are disproportionate or not applicable to the purposes for which they were requested. ".
Art. 10. In the same chapter, an article 2/7 is inserted, as follows:
"Art. 2/7. Without prejudice to Article 2/6, the competent police services shall, without the request being made, communicate to a police service of another member State or of a country associated with Schengen, the personal data and information that may be believed, for factual reasons, that they may contribute to the detection or prevention of the offences described in Article 5, § 2, of the European Mandate Act of 19 December 2003 ".
Art. 11. Section 44/11/6 of Act 5 August 1992 on the police function, inserted by the Act of 18 March 2014 on the management of police information and amending the Act of 5 August 1992 on the police function, the Act of 8 December 1992 on the protection of privacy with respect to personal data processing and the Code of Criminal Investigation, is supplemented by the words "except in the cases referred to in Chapter Ier/1er the Act of 9 December 2004 on international mutual legal assistance in criminal matters and amending Article 90ter of the Code of Criminal Investigation".
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 May 2014.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2013-2014.
House of Representatives (www.lachambre.be)
Documents: 53-3467.
Full report: March 28, 2014.
Senate (www.senat.be).
Document: 5-2829.
Annales du Senate: April 23, 2014.