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)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009414&caller=list&article_lang=F&row_id=600&numero=617&pub_date=2014-08-07&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-08-07 Numac: 2014009414 FEDERAL JUSTICE PUBLIC SERVICE May 15, 2014. -Law amending the law of 9 December 2004 on international mutual assistance in criminal matters and amending section 90b of the code of criminal procedure (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. the title of the law of 9 December 2004 on international mutual assistance in criminal and amending section 90b of the Code of criminal procedure is replaced by the following: "Act on the police international transfer of personal data and information for judicial aid, international mutual assistance in criminal matters and amending section 90b of the Code of criminal procedure".
S. 3. in the same Act, it is inserted a 1st/1st chapter, entitled "the international police transmission of personal data and information on legal aid".
S.
4. in the 1st/1st chapter, inserted by article 3, article be inserted a 2/1 as follows: "article 2/1. This chapter concerns the transposition of the framework Decision 2006/960 / JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union. "."
S.
5. in the same chapter, it is inserted an article 2/2 as follows: "article 2/2. International police transmission of personal data and information for judicial aid to the Member States of the European Union and the countries associated with Schengen within the meaning of this Act relates exclusively the data to personal and information directly available or accessible to the Belgian police.
By directly available, should be understood: data to personal and information including the same police services already have.
By directly accessible, should be understood: the data with personal information available to other authorities, public or private services or persons and the Belgian police services have access under the Act to. "."
S. 6. in the same chapter, it is inserted an article 2/3 as follows: "article 2/3. International police transmission of personal data and information referred to in article 2/2 is without prejudice to instruments of international law binding the Belgium international police cooperation and to promote it. "."
S. 7. in the same chapter, it is inserted an article 2/4 as follows: "article
2/4. Personal or information transmitted, data may not be used as evidence, except if the competent Belgian Court has authorized such use. "."
S. 8. in the same chapter, it is inserted a section 2/5 as follows: "article 2/5. § 1.
Personal and information directly available or readily accessible data can be transmitted in an autonomous way by the police to a police Department of another Member State or a country associated to Schengen without prior authorization of a judicial authority.
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2. However, police services may not transmit these data to personal and information to a police of another Member State or a country associated to Schengen only with prior written permission of the judicial authority competent if: 1 ° these data to personal and information are subject to an embargo measure referred to in article 44/8 of the Act of 5 August 1992 on the function of police or article 11 of the law of 10 July 2006 relating to the analysis of the threat;
2 ° the police services can get these data to personal and information in Belgian proceedings only with the permission of a magistrate. "."
S. 9. in the same chapter, it is inserted an article 2/6, as follows: "article 2/6. Police services can transmit data to personal and information to a police of another Member State or a country associated to Schengen if: 1 ° the transmission of the personal data and information can adversely affect the essential interests of the Belgian State national security;
2 ° the competent judicial authority indicated that the transmission of data or information may compromise the proper conduct of an investigation;
3 ° the transmission of the personal data and information may compromise the safety of persons or the source of the personal data and information;
4 ° there are elements that indicate that data to personal and information requested is disproportionate or irrelevant having regard to the purposes for which they have requested. "."
S. 10. in the same chapter, it is inserted an article 2/7, as follows: "article 2/7. Without prejudice to article 2/6, services competent police communicate, without that demand only they was made, to a police Department of another Member State or a country associated to Schengen, the data with personal information which it has reason to believe, for factual reasons, they might contribute to the screening or prevention of the offences described in article 5 , § 2, of the law of December 19, 2003 on the European arrest warrant, or in the investigation of these offences. "."
S. 11. article 44/11/6 of Act 5 August 1992 on the police function, inserted by the Act of March 18, 2014 the police information management and amending the law of 5 August 1992 on the function of police, Act of 8 December 1992 on the protection of privacy with respect to the processing of personal data and the Code of criminal investigation , is supplemented by the words "except in the cases referred to in chapter Ier/1 of the law of 9 December 2004 on international mutual assistance in criminal matters and amending section 90b of the Code of criminal procedure".
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels on May 15, 2014.
PHILIPPE by the King: the Minister of the Interior, Ms. J. MILQUET sealed with the seal of the State: 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.
Annals of the Senate: April 23, 2014.