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

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5 MAI 2014. - An Act to guarantee the principle of the unique collection of data in the operation of services and proceedings that fall within or perform certain missions for authority and to simplify and harmonize electronic and paper forms (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. This Act aims to reduce the administrative obligations of citizens and legal persons by guaranteeing that data already available in an authentic source will no longer need to be communicated to a federal public service once again and tends to fully assimilate electronic forms and paper forms.
Art. 3. For the purposes of this Act:
1° "federal proceeding": all the services cited below:
a. the administrations and other services of the State referred to in Article 1er1°, of the Act of 22 July 1993 on certain measures in public service;
b. Department of Defense services;
c. the services referred to in section 2, 2 and 3 of the Act of 7 December 1998 organizing an integrated police service, structured at two levels;
d. the judiciary, including services that assist its members;
e. public legal persons referred to in Article 1er3°, of the Act of 22 July 1993 on certain measures in public service;
f. natural or legal persons who have been entrusted with the execution of certain public service or public interest missions by law and who do not fall within the scope of the Act of 21 March 1991 on the reform of certain economic public enterprises.
2° "service integrator": the institutions referred to in section 2, 1°, of the Act of 15 August 2012 on the creation and organization of a federal service integrator;
3° "authentic source": data banks referred to in section 2, 6°, of the Act of 15 August 2012 on the creation and organization of a federal service integrator;
4° "formular": any document, regardless of the support, used in an administrative procedure and allowing an internal or external user to address requests to a federal proceeding or to exchange information with it;
5° "Dispositions relating to the unique collection of data": Article 11 of the Act of 15 January 1990 on the institution and organization of a Crossroads Bank of Social Security and Article 8, paragraphs 3 to 5, of the Act of 15 August 2012 on the establishment and organization of a Federal Service Integrator, as amended by this Act;
6° "controller": the public law authority referred to in Article 28 of Directive 95/46/EC of 24 October 1995 relating to the protection of physical persons with respect to the processing of personal data and to the free movement of such data and to Article 8.3 of the Charter of Fundamental Rights of the European Union of 12 December 2007, established by the Commission for the Protection of Privacy,
Art. 4. § 1er. For the identification of natural persons, all federal authorities use, as part of the execution of their legal missions and the achievement of the objectives set out in Article 2, on the basis of an authorization issued under Article 8 of the law of 8 August 1983 organizing a national register of physical persons, the number of the national register assigned in execution of Article 2, last paragraph of the same law, or the number of identification of the institution assigned to the Bank §
§ 2. For the identification of legal persons or companies, all federal authorities use, for the execution of their legal missions, the company number assigned in accordance with Article 5 of the Act of 16 January 2003 establishing a Business Crossroads Bank, modernization of the Business Register, creation of approved business windows and carrying various provisions.
§ 3. As part of the fulfilment of a legal obligation of information, all natural and legal persons use the number of the National Register assigned in accordance with Article 2, last paragraph, of the law of 8 August 1983 organizing a National Register of Physical Persons, the number of identification of the Bank-road assigned in accordance with Article 4, § 2 of the law of 15 January 1990 relating to the institution and the organization of a Bank
§ 4. The King may extend this obligation to other unique keys for the identification of other objects or entities taken from authentic sources.
Art. 5. § 1er. Controllers authorize the use of the National Register number whenever a decision is made about a personal data stream or processing such data. This decision is authorized pursuant to section 8 of the Act of 8 August 1983, which organizes a national register of natural persons.
Controllers may require the use of another identification number.
§ 2. The data obtained pursuant to the single data collection provisions can only be used by the authorities concerned for the execution of their legal missions. They cannot be communicated to third parties.
§ 3. Not considered as third parties for the application of § 2:
- persons with such information, as well as their legal representatives or agents;
- other authorities and public bodies authorized in the execution of the legal mission.
Art. 6. Without prejudice to the competences of the Commission for the Protection of Privacy or the Magistrates in accordance with Article 32 of the Law of 8 December 1992 on the Protection of Privacy, the Judicial Code or the Code of Criminal Investigation, the Commission for the Protection of Life Private in respect of the processing of personal data, the magistrates and the clerks are authorized, for the performance of their legal missions, to immediately access, on a simple basis These copies or extracts may be requested and transmitted electronically.
Art. 7. Notwithstanding the application of sections 9 and 10 of the Privacy Protection Act of 8 December 1992 with respect to personal data processing, service integrators make available to the public electronically the following data:
1° the list of available data streams, as well as a description of the data they contain;
2° the authorizations for the data streams referred to in point 1°.
Art. 8. § 1er. All new electronic or paper forms from a federal proceeding for a citizen or business are communicated to the Agency for the Administrative Simplification of the Prime Minister's Chancellery SPF.
§ 2. The Agency verifies whether the form has been designed in compliance with the provisions of section 4 and the provisions relating to the single collection of data, and publishes electronically the list of verified forms. This audit also covers the annexes or parts to be attached to the form.
At the request of the relevant federal proceeding, the audits referred to in paragraph 1er may take place before the first use of the form.
§ 3. Citizens or companies may report to the Agency for Administrative Simplification, at the Kafka contact point, the forms they consider to be non-compliant with the provisions of section 4 or the provisions relating to the single collection of data. The Agency examines the forms reported and, if warranted, requests the proceeding concerned to adapt the form in question within a reasonable time. The application will be posted electronically on the Agency's website.
Art. 9. § 1er. Electronic forms and their annexes are deemed to have the same value as paper forms, provided that the following conditions are met:
1° the electronic data mention the identity of their editor, authenticated either by means of the certificate of identity present on the electronic identity card, or by means of another certificate that complies with the provisions of the Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, or to the provisions of the Act of 24 February 2003 concerning the modernization of the management of social security and concerning the
2° electronic data can be accurately associated with a reference date and a reference hour;
3° electronic data cannot be changed in an imperceptible manner after mentioning the identity of the editor referred to in 1° and after the association at a reference date and a reference hour referred to in 2°;
4° the electronic data meet, to the extent that they have been established by several persons, the requirements mentioned in 1°, 2° and 3°, for each editor with respect to the data he has established;
5° electronic data may be read at least during the period imposed by the applicable regulations.
§ 2. Forms must be pre-filled with the available data.
§ 3. The requirement to include "read and approved" or any other handwritten mention prescribed by law is deemed to be met by the electronic insertion of the mention.
§ 4. The obligation to send in several copies is deemed to be met upon sending the documents electronically.
§ 5. The obligation to send an acknowledgement of receipt may be validly fulfilled by electronic means.
§ 6. The King may determine how to replace paper forms by electronic forms.
Art. 10. § 1er. Without changing the general scope of the provisions, the King may, by a deliberate decree in the Council of Ministers, repeal, supplement, amend or replace the provisions contrary to Articles 4 and 9 or the provisions relating to the single collection of data.
If an order made under paragraph 1er may have an impact on the Protection of Privacy Act of 8 December 1992 in respect of personal data processing or its enforcement orders, the Privacy Commission renders a prior notice.
§ 2. The royal decrees under this article that have not been confirmed by a law on the first day of the twenty-fourth month following that of their publication to the Belgian Monitor cease to produce their effects.
Art. 11. In the Act of 15 January 1990 on the institution and organization of a Social Security Bank, an article 3ter is inserted as follows:
"Art. 3ter. If necessary, the Crossroads Bank agrees for each integrated service, agreements with other service integrators to determine:
1° that realizes the authentication of identity, which checks and controls by which means and which ensures its responsibility;
2° how the results of authentication of identity, verifications and controls carried out are kept and exchanged by electronic means, in a secure manner, between the authorities concerned;
3° that keeps up to date on which access registration, what attempt to access services of service integrators or any other data processing through a service integrator;
4° how it may, in the event of an investigation conducted at the initiative of a body concerned or a control body or as a result of a complaint, be carried out a complete re-enactment to determine which physical person used which service concerning which person, when and for what purpose;
5° the time limit for the retention of recorded data, which must be at least 10 years old, and the manner in which such data can be accessed by persons who are entitled to it."
Art. 12. Section 11 of the Act is replaced by the following:
"Art. 11. All social security institutions collect the social data they need from the Banque-carrefour, when they are available in the network.
They are also required to address the Crossroads Bank when verifying the accuracy of the social data available in the network.
Social security institutions no longer collect the social data they have under paragraph 1er to the individual, or to his or her agent or legal representative.
As soon as the person concerned, his or her legal representative notes that a social security institution has incomplete or incorrect social data for the execution of his or her mission, he or she shall report, as soon as possible, the necessary corrections or supplements to the social security institution concerned.
The application of the provisions of this Article shall not, in any case, notwithstanding the application of the rules in force in respect of limitation and interruption, result in non-recovery to the citizen or company of unduly perceived rights or allowances that are based on incomplete or incorrect social data or non-payment by the citizen or the company of amounts due to the ".
Art. 13. Article 8 of the Act of 15 August 2012 on the establishment and organization of a service integrator is supplemented by §§ 3 to 5 as follows:
§ 3. Participating public services collect, after they have obtained the necessary authorizations for this purpose, the available electronic data that is offered by the federal service integrator to the federal service integrator.
Participating public services no longer collect the data they have in accordance with paragraph 1er to the individual, or to his or her agent or legal representative.
Participating public services that have direct access to an authentic source reuse the data available in this source and can no longer ask the interested party, its agent or its legal representative.
§ 4. As soon as the individual, his or her legal representative notes that a participating public service has incomplete or incorrect data, he or she shall report, as soon as possible, the necessary corrections or supplements to the participating public service or to the federal service integrator.
§ 5. The application of the provisions of this Article shall not, in any case, notwithstanding the application of the rules in force in respect of limitation and interruption, result in the non-recovery to the citizen or company of unduly perceived rights or allowances that are based on incomplete or incorrect data or non-payment by the citizen or the undertaking of amounts due are ".
Art. 14. Federal authorities that, at the time of the coming into force of this Act, do not yet use the numbers referred to in section 4 or do not yet use the exchange of data through a service integrator, have up to 1er January 2016 to comply with the requirements of this Act and, to this effect, to request the required legal authorizations.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 5 May 2014.
PHILIPPE
By the King:
Deputy Prime Minister and Minister of Social Affairs and Public Health, in charge of Beliris and Federal Cultural Institutions,
Ms. L. ONKELINX
Minister of Budget and Administrative Simplification,
O. CHASTEL
Minister of Finance, Public Service,
K. GEENS
The Secretary of State for the Public Service and the Modernization of Public Services,
H. BOGAERT
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1)
House of Representatives: (www.lachambre.be):
Documents: 53 3387
Full report: 20 March 2014.
Senate (www.senate.be)
Documents: 5-2784 - No. 1: Project not referred to by the Senate.