Law Guaranteeing The Principle Of The Single Data Collection In The Functioning Of Bodies And Services Falling Under Or Perform Certain Tasks For The Authority And Bearing Simplification And Harmonisation Of Pap And Electronic Forms

Original Language Title: Loi garantissant le principe de la collecte unique des données dans le fonctionnement des services et instances qui relèvent de ou exécutent certaines missions pour l'autorité et portant simplification et harmonisation des formulaires électroniques et pap

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014203384&caller=list&article_lang=F&row_id=700&numero=711&pub_date=2014-06-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-06-04 Numac: 2014203384 FEDERAL CHANCELLERY of the Prime Minister PUBLIC SERVICE 5 may 2014. -Law guaranteeing the principle of the single data collection in the functioning of bodies and services falling under or perform certain tasks for the authority and bearing simplification and harmonization of electronic forms and paper (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. this Act tends to lighten the administrative obligations of citizens and legal persons by ensuring that the data already available in an authentic source will no longer be communicated again to a federal public service and tends to assimilate completely electronic forms and paper forms.
S.
3. for the purposes of this Act, is meant by: 1 ° "federal authority": all the following services: a. administrations and other services of the State referred to in article 1, 1 °, of the law of 22 July 1993 concerning certain measures for public service;
b. the services of the Ministry of defence;
c. services referred to in article 2, 2 ° and 3 °, of the law of 7 December 1998 organizing an integrated police service structured at two levels;
d. the judiciary, including services which assist its members;
e. legal persons governed by public law referred to in article 1, 3 °, of the law of 22 July 1993 concerning certain measures for public service;
f. natural or legal persons that have been assigned the execution of certain tasks of public service and general interest by legislation and which are outside the scope of the Act of 21 March 1991 on reform of some economic public companies.
2 ° "services Integrator": the institutions referred to in article 2, 1 °, of the law of August 15, 2012 on the creation and the organisation of federal services Integrator;
3 ° "authentic source": banks of data referred to in article 2, 6 °, of the law of August 15, 2012 on the creation and the organisation of federal services Integrator;
4 ° "form": any document, which is the medium, used in the context of an administrative procedure and allowing an internal user or external to send requests to a federal authority or Exchange information with it.
5 ° "single data collection provisions": article 11 of the Act of January 15, 1990 to the institution and the Organization of a Crossroads Bank for social security and article 8, §§ 3 to 5, of the law of August 15, 2012 on the creation and the organisation of services Integrator federal, as amended by this Act.
6 ° "controller": the authority of public law referred to in article 28 of Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of data personal and the free movement of such data and to article 8.3 of the Charter of fundamental rights of the European Union of December 12, 2007 established currently by the Committee on the protection of privacy, established by article 23 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, as well as by the sectoral committees established by article 31bis of the Act of 8 December 1992, the Control Commission Flemish for electronic data interchange administrative established by article 10 of the Decree of the Flemish Parliament of July 18, 2008 on the electronic exchange of administrative data, the Wallonia-Brussels Commission for control over the exchange of data, set up by article 22 of the Cooperation Agreement of 23 May 2013 between the Walloon Region and the French community on the development of a common data-sharing initiative and the joint management of this initiative , and any other similar body established by law, decree or order.
S.
4 § 1. For the identification of individuals, all federal instances use, in the performance of their legal duties and the achievement of the objectives set out in article 2, on the basis of an authorisation pursuant to article 8 of the law of 8 August 1983 organising a national register of natural persons, the number of the national register awarded in implementation of article 2 last paragraph of the Act, or the Crossroads Bank identification number assigned pursuant to article 4, § 2, of the Act of 15 January 1990 to the institution and the Organization of a Crossroads Bank for social security, whether with regard to data concerning a natural person not included in the National Registry.
§
2. For the identification of legal persons or of companies, all federal authorities use for execution of their statutory tasks, the company number assigned pursuant to article 5 of the Act of 16 January 2003 on the establishment of a crossroad Bank of companies, modernisation of the commercial register, creation of ATM-sized Chartered and containing various provisions.

§ 3. Within the framework of the fulfilment of a legal obligation to information, all natural and legal persons use the number of the national register given in pursuance of article 2, last paragraph, of the Act of 8 August 1983 organising a national register of natural persons, the identification number of the Crossroads Bank attributed in fulfilment of article 4, § 2 of the Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security and the business number assigned in pursuance of article 5 of the Act of 16 January 2003 on the establishment of a crossroad Bank of companies, modernisation of the commercial register, creation of ATM-sized Chartered and containing various provisions.
§ 4. The King may extend this obligation to other unique key for identification of other objects or entities included in authentic sources.
S.
5 § 1. Controllers allow the use of the national registry number whenever a decision is made about a stream of personal data or the processing of such data. This decision is the authority in pursuance of article 8 of the law of 8 August 1983 organising a national register of natural persons.
Controllers may require the use of an another identification number.
§ 2. The data obtained pursuant to the provisions relating to the unique collection of data can be used by the bodies concerned for execution of their statutory duties. They may not be communicated to third parties.

§ 3. Are not considered as third parties for the purposes of § 2:-people who carry this information, as well as their representatives or legal agents;
-other authorities and public organisations in the implementation of the legal mission.
S.
6. without prejudice to the powers of the Commission on the protection of privacy or judges in application of article 32 of the law of 8 December 1992 on the protection of privacy, the Judicial Code or the Code of criminal procedure, the Committee on the protection of privacy with regard to the processing of personal data magistrates and court clerks are allowed, for the performance of their statutory tasks, access immediately, on simple request, logins and records exchanged e-mail messages and they get copies or extracts that they deem necessary. These copies or extracts can be requested and sent by electronic means.
S. 7. Notwithstanding the application of articles 9 and 10 of the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data, integrators of services put at the disposal of the public by electronic means, the following information: 1 ° the list of streams of data available, and a description of the data they contain.
2 ° authorisations for the flow of data referred to in point 1 °.
S. 8 § 1.
All new electronic forms or paper from an instance federal and intended for a citizen or a company shall be communicated to the Agency for administrative simplification of the FPS Chancellery of the Prime Minister.
§ 2. The Agency checks if the form has been designed in compliance with the provisions of article 4 and the provisions relating to the unique collection of data, and publishes the list of verified forms electronically. This audit examined also the annexes or parts to attach to the form.
At the request of the federal body concerned, the checks referred to in paragraph 1 may take place before the first use of the form.
§ 3. Citizens or companies may report to the Agency for administrative simplification, addressing point of contact Kafka, forms that they feel is inconsistent with the provisions of article 4 or unique data collection provisions. The Agency examines forms reported and, if warranted, application in the proceeding concerned to adapt the form in question within a reasonable time. The application of transmitted adaptation will be published electronically on the Agency's website.
S. 9 § 1.

Electronic forms and their annexes are considered having the same value forms paper, provided that the following conditions are fulfilled: 1 ° the electronic data refer to the identity of their editor, authenticated either using the identity certificate present on the electronic identity card, or using a certificate that meets the provisions of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services , or to the provisions of the law of 24 February 2003 concerning the modernization of the management of social security and regarding electronic communication between businesses and the federal authority.
2 ° the electronic data can be matched precisely to a reference date and a reference time;
3 ° the electronic data can no longer be changed imperceptibly after the mention of the identity of the editor referred to the 1 ° and the association to a reference date and time of reference referred to in the 2nd;
4 ° the electronic data meet, insofar as they have been established by several persons, the requirements referred to in 1 °, 2 ° and 3 °, for each editor in regards to data it has established;
5 ° the electronic data can be read at least during the period imposed by the applicable rules.
§ 2. Forms should be pre-filled with the data available.
§ 3. The obligation to register the words "read and approved" or any other handwritten words prescribed by law is deemed to be respected by the electronic insertion of the words.
§ 4. The obligation of sending multiple copies is deemed to be respected as soon as the documents electronically.
§ 5. The requirement to send an acknowledgement of receipt can be validly completed electronically.
§ 6. The King may determine the procedures for the replacement of paper by electronic forms forms.
S.
10 § 1. Without affecting the generality of the provisions, the King may, by order deliberated in Council of Ministers, repeal, Supplement, modify or replace any provisions contrary to articles 4 and 9 or the provisions relating to the unique collection of data.
If a bylaw under paragraph 1 may have an impact on the law of 8 December 1992 relative to the protection of privacy with respect to the processing of personal data or its execution orders, the Commission for the protection of privacy makes a prior notice.

§ 2. Royal orders made under this section that have not been confirmed by an act on the first day of the 24th month following their publication in the Moniteur belge cease to have effect.
S. 11. in Act of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, it is inserted an article 3ter as follows: "article 3B. If necessary, the Crossroads Bank is defined for each integrated service, agreements with other integrators of service to determine: 1 ° who realizes what authentication of identity, what checks and controls using what resources and which ensures responsibility;
2 ° the manner in which the results of authentication of identity, checks and audits are stored and exchanged electronically, in a secure manner, between the bodies concerned;
3 ° which maintains what access record, when attempt to access services integrators of services or any other treatment of data through an integrator's services;
4 ° the manner in which it may, in the case of investigation at the initiative of a relevant forum or body control or following a complaint, be carried out a reconstitution complete to determine what individual has used what service concerning whom, when and for what purpose;
5 ° the period of storage of recorded data, which must at least be equal to ten years, as well as the terms and conditions under which these data may be accessed by persons who have the right. "."
S.
12. article 11 of the Act is replaced by the following: 'article 11. all social security institutions collect social data they need from the Crossroads Bank, where these are available in the network.
They are also required to address the Crossroads Bank when they verify the accuracy of the social data available in the network.
Social security institutions do more collect social data available to them pursuant to paragraph 1 to the person concerned, or to his authorized representative or his legal representative.
As soon as the person concerned, his agent or his legal representative note that a social security institution social data incomplete or incorrect for the execution of its mission, he noted, as soon as possible, corrections or additional items required for the concerned social security institution.
The application of the provisions of this article cannot, in any event, notwithstanding the application of the rules in force limitation and termination, give rise to the recovery from the citizen or company rights or unduly collected benefits which are based on social data incomplete or incorrect or non-payment by the citizen or the undertaking of due amounts which are based on social data incomplete or incorrect. "."
S.
13. article 8 of the law of August 15, 2012 on the creation and the organisation of services Integrator is supplemented by §§ 3 to 5 worded as follows: "§ § 3 3" Participating utilities collect, after they got to this end the necessary permissions, available electronic data that are offered by the federal services Integrator with the latter.
Participating utilities collect more data available to them pursuant to paragraph 1 to the person concerned, or to his authorized representative or his legal representative.
Participating utilities which have direct access from an authentic source reuse the data available in this source and can no longer ask the person concerned, or his representative or his legal representative.
§ 4. As soon as the person concerned, his agent or his legal representative notes that a participating public service has data incomplete or incorrect, he pointed out, as soon as possible, the corrections or additions necessary for participating public service or the federal services Integrator.
§
5. The application of the provisions of this article cannot, in any event, notwithstanding the application of the rules in force limitation and termination, give rise to the non-recovery from the citizen or company rights or unduly collected benefits that are based on data that is incomplete or incorrect or non-payment by the citizen or the undertaking of due amounts which are based on incomplete or incorrect data. "."
S. 14. the federal authorities who, at the time of the entry into force of this Act, are not yet the numbers mentioned in article 4 or do not yet use data exchange through services Integrator, have until 1 January 2016 to comply with the requirements of this Act and, for this purpose, request the required legal permissions.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 5, 2014.
PHILIPPE by the King: Deputy Prime Minister and Minister of Social Affairs and public health Beliris and Federal Cultural Institutions, Ms. L. ONKELINX the Minister for Budget and administrative Simplification, O. CHASTEL. the Minister of finance, responsible for the public service, K. Smith Secretary of State public service and the modernization of Public Services , H. BOGAERT sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) House of representatives: (www.lachambre.be): Documents: 53 3387 full report: March 20, 2014.
Senate (www.senate.be) Documents: 5-2784 - No. 1: project not referred by the Senate.