Law On The Management Of Police Information And Amending The Law Of 5 August 1992 On Police Function, The Law Of 8 December 1992 Relative To The Protection Of Privacy With Respect To The Processing Of Personal Data And The Code Of

Original Language Title: Loi relative à la gestion de l'information policière et modifiant la loi du 5 août 1992 sur la fonction de police, la loi du 8 décembre 1992 relative à la protection de la vie privée à l'égard des traitements de données à caractère personnel et le Code d'

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014000253&caller=list&article_lang=F&row_id=800&numero=863&pub_date=2014-03-28&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-03-28 Numac: 2014000253 Interior FEDERAL PUBLIC SERVICE March 18, 2014. -Law on the management of police information and amending the law of 5 August 1992 on the police function, the law of 8 December 1992 relative to the protection of privacy with respect to the processing of personal data and the Code of criminal procedure PHILIPPE, King of the Belgians, all, present and future, hi.
The Chambers have adopted and we endorse the following: title I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
TITLE II. -Amendments to the law on the police function s. 2. article 3 of the Act of 5 August 1992 on police function is complemented by the 6th as follows: "6 °: narcotics control of police information, hereinafter referred to as"Supervisory body": the body referred to in article 36ter of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data.".
S. 3. in chapter IV, section 1 of the Act, subsection 3, sections 44/1 to 44/11, inserted by the Act of 7 December 1998 organizing service integrated police structured on two levels, is repealed.
S. 4. in chapter IV of the Act, it is inserted a 1rebis section entitled "information management".
S. 5. in the 1rebis section, inserted by article 4, there shall be inserted a 1st sub-section entitled "rules on the management of information".
S. 6. in sub-section 1, inserted by article 5 article be inserted a 44/1 as follows: "article 44/1. § 1.
In the exercise of their missions, referred to in chapter IV, section 1, the police services can process information and the personal data insofar as the latter are adequate, relevant and non-excessive character having regard to the purposes of administrative police and judicial police for which they are obtained and further processed.
§ 2. In order to accomplish their missions, police services may collect and process personal data referred to in article 6 of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data in the manner determined by the King, after the opinion of the Committee on the protection of privacy.
§ 3. When, in the exercise of their administrative police missions, police services gain knowledge of personal data and information relevant to the exercise of the judicial police, they shall without delay or restriction, with written confirmation, the competent judicial authorities.
§ 4. When, in the exercise of their missions of police judicial police services acquire knowledge of personal and information relevant to the exercise of administrative police and which could give rise to decisions of administrative police, they shall inform without delay or restriction, with written confirmation, the police authorities administrative competent unless this may interfere with the exercise of public action , but without prejudice to the measures necessary for the protection of persons and security or public health in cases of serious and immediate risk for it. "."
S.
7. in the same subsection 1, it is inserted a section 44/2 as follows: "article
44/2. When the exercise of administrative police missions and police judicial requires police services to structure the personal data and information referred to in article 44/1 so that they can be directly recovered, they are treated in an operational police data bank, belonging to one of the categories of data referred to in paragraph 2 in accordance with the objectives specific to each category of data banks.
The categories of operational police data banks are: 1 ° the national General database, hereinafter referred to as the "B.N.G.";
2 ° banks database;
3 ° banks of specific data.
The purposes referred to in paragraph 1 are specified respectively in articles 44/7, 44/11/2, § 1 and 11-44-3, § § 2 2 '. "
S. 8. in the 1rebis section, inserted by article 4, there shall be inserted a subsection entitled 2 "the Adviser in security and protection of personal privacy".
S.
9. in section 2, inserted by article 8 article be inserted a 44/3 as follows: "article
44/3. § 1. The treatment of the personal data referred to in article 44/1 including those carried out in the databases referred to in article 44/2 is done in accordance with the law of 8 December 1992 on the protection of privacy with respect to the processing of data personal and without prejudice to the law of June 24, 1955 relative to the archives.
These personal data and information referred to in article 44/2 have a direct link with the purpose of the processing.
Each police zone and each branch of the federal police dealing with personal and data of the information referred to in article 44/1, including those included in the databases referred to in article 44/2 means a security and privacy consultant private.
This security and privacy protection Advisor can perform his duties for several local police zones or several directorates of the federal police.
The Advisor in security and protection of privacy is particularly responsible: 1 ° the provision of expert advice for the protection of privacy and data security personal and information and their treatment, 2 ° of the establishment, implementation, updating and control of a policy of security and protection of privacy;
3 ° the execution of the other relating to the protection of privacy and security that are determined by the King or missions which entrusted respectively by his commanding officer or Director.
The security and protection of Privacy Advisor is also responsible for contacts with the Commission for the protection of privacy.
It exercises its functions independently. It reports directly to the Chief of the local police force if it belongs to the local police or the Director if it belongs to the federal police.
The King may lay down the rules according to which the security and protection of Privacy Advisor carries out its duties.

§ 2. It is created a platform called "security and data protection".
This platform is responsible for ensuring the coordinated implementation of the work of security and protection of privacy consultants. The composition and modalities of operation of this platform are laid down by the King. "."
S. 10. in the same subsection 2, it is inserted an article 44/4 as follows: "article 44/4. § 1. The personal data and information referred to in article 44/1 including those included in the databases referred to in article 44/2, relating to administrative police missions are treated under the authority of the Minister of the Interior.
Without prejudice to the powers of the judicial authorities, the personal data and information referred to in article 44/1 including those included in the databases referred to in article 44/2, relating to judicial police missions are processed under the authority of the Minister of Justice.
§ 2. The Ministers of the Interior and of Justice, each within their competence, shall determine guidelines the measures necessary to ensure the management and security including particular aspects related to reliability, confidentiality, availability, traceability and the integrity of the data personal and information processed in the databases referred to in article 44/2.
Body for local police chiefs and managers for the federal police are the guarantors of the implementation of these guidelines.

§ 3. Ministers of the Interior and of Justice, each within their competence, shall determine guidelines the measures adequate, relevant and non excessive relating to interconnection of the databases referred to in article 44/2 among themselves or with other banks of data to which police services legally have access in the context of the exercise of their administrative police and judicial police missions. "."
S. 11. in the 1rebis section, inserted by article 4, there shall be inserted a subsection 3 entitled "Categories of personal data registered in the B.N.G and basic data banks".
S. 12. in sub-section 3, inserted by article 11 article be inserted a 44/5 as follows: "article 44/5. § 1.
Personal data processed in the databases referred to in article 44/2, paragraph 2, 1 ° and 2 °, for the purposes of administrative police are the following: 1 ° the contact data of representatives of associations, voluntarily provided by them or available publicly to allow the management of events.
2 ° data relating to persons involved in the phenomena of administrative police heard as, all of the issues, affecting public order and requiring appropriate measures of administrative police, because they are

even nature and repetitive, that they are committed by the same people or they seek the same categories of victims or places;
3 ° data relating to members of a national group or international likely to affect public order as referred to in article 14;
4 ° the data relating to persons likely to impair the persons or movable and immovable property to protect data relating to persons who may be the target.
5 ° the data relating to persons referred to in articles 18 to 21;
6 ° the data relating to persons registered in judicial police for an unlawful act committed in the context of the maintenance of public order.
The data referred to in this paragraph include the data processed in the framework of international police cooperation in criminal matters.
§ 2. The list of affected phenomena in the § 1, 2 °, and targeted groups in the § 1, 3 °, is established at least annually by the Minister of the Interior, on the basis of a joint proposal of the federal police, the coordinating body for threat analysis, intelligence and security.
§ 3. Personal data processed in the databases referred to in article 44/2, paragraph 2, 1 ° and 2 °, for the purposes of judicial police are the following: 1 ° the suspects of a criminal fact and data to convicted persons;
2 ° data on the perpetrators and suspects of an offence sanctioned administratively and ascertained by the police.
3 ° data relating to people who died suspiciously.
4 ° data relating to the missing persons;
5 ° the data for evadees people or who tried to escape.
6 ° the data relating to the enforcement of sentences and its implementing rules;
7 ° the witnesses of a criminal fact data.
8 ° the data relating to the persons referred to in article 102, 1 ° to 3 ° of the Code of criminal procedure;
9 ° data relating to the victims of a criminal act.
§ 4. The personal data processed in the databases referred to in article 44/2, paragraph 2, 2 °, for the purposes of judicial police are also the following: 1 ° data concerning persons who were constituted civil or injured;
2 ° those civilly responsible for a criminal fact data.
§ 5. The data referred to in §§ 3 and 4 also includes the data processed in the framework of police and judicial cooperation in criminal matters.
§ 6. "When the police have knowledge, by it - even, by the person concerned or his lawyer, in application of article 646 of the Code of criminal or by any other means, the data fulfil the conditions to be treated under §§ 1, 3 or 4, these data are updated."
S. 13. in the 1rebis section, inserted by article 4, there shall be inserted a subsection 4 entitled "The organ of control of police information".
S. 14. in subsection 4, inserted by section 13, article be inserted a 44/6 worded as follows: "article 44/6. The treatment of the information and data referred to in article 44/1, including those included in the databases referred to in article 44/2 is controlled by the narcotics control information police. "."
S. 15. in the 1rebis section, inserted by article 4, there shall be inserted a subsection 5 entitled "B.N.G.".
S. 16. in sub-section 5, inserted by article 15 article be inserted a 44/7 as follows: "article
44/7. The B.N.G. is the police database that contains the data referred to in article 44/5 and information including all of the police need to carry out their tasks and allowing: 1 ° identification of the persons referred to in article 44/5, §§ 1 and 3;
2 ° identification of persons with access to the B.N.G.;
3 ° the coordination and the intersection of the personal and police information data;
(4) the audit at the national level of the history of administrative police and judicial police;
5 ° the assistance checks by the police by indicating measures to be taken on the basis of a decision of the administrative or judicial police authorities, police authorities is based on the existence of the history of police administrative or judicial police;
6 ° the definition and the realization of the police policy and security support.
With regard to the registration in the B.N.G. of data referred to in article 44/5, § 3, 1 °, a minor who does not have 14 years of age-related, the permission of the competent magistrate is required.
Police services transmit ex officio to the B.N.G. data and information referred to in paragraph 1. "."
S. 17. in the same subsection 5, it is inserted a section 44/8 as follows: "article 44/8. By way of derogation from article 44/7, paragraph 3, the obligation to feed the B.N.G. is deferred when and as long as the competent magistrate, with the agreement of the federal prosecutor, believes that this power can interfere with the exercise of public action or the safety of any person. If necessary, the federal Attorney can determine the conditions of this derogation.

The federal prosecutor checks at regular intervals the need of maintenance of the adjournment of the feeding of the B.N.G. "."
S. 18. in the same subsection 5, it is inserted a section 44/9 as follows: "article 44/9. § 1 the personal data referred to in article 44/5, § 1, treated in the B.N.G. for purposes of administrative police are archived when they are adequate, irrelevant or excessive character and in any case: 1 ° the personal data referred to in article 44/5, § 1, 1 °, three years from the last record.
2 ° the personal data referred to in article 44/5, § 1, 2 ° to 6 °, five years from the last record.
The data referred to in article 44/5, § 1, 2 ° to 6 °, are not archived so that: a) there is an action to be taken on the basis of a decision of an administrative authority or competent judicial or b) data relating to the person concerned, processed in the B.N.G. on basis of article 44/5, § 3, 1 °, 2 ° or 6 °, no were not archived in accordance with § 2 (, a), 2 °.
§ 2. The personal data referred to in article 44/5, paragraph 3, dealt with in the B.N.G. for purposes of judicial police are archived when they are adequate, irrelevant or excessive character and in any case: has) for persons referred to in article 44/5, § 3, 1 °, 2 ° and 6 °: 1 ° one year from registration of the fact whether it is a fact qualified contravention;
2 ° ten years if it is a a qualified crime, and thirty years fact whether it is a a fact called the crime, from the record of the fact.
If a new fact is committed by the same person that the period of archiving the previous fact or one of the previous facts is not reached, the rule in paragraph 1 is applied to each act committed and the archiving of data personal of all facts takes place when the deadlines for all the facts are met.
When a person referred to in article 44/5, § 3, 1 °, 2 ° and 6 ° c, and which is located in the conditions referred to in paragraph 1, 2 °, is the object of an imprisonment of provision of the Government or a detention for a period of at least 5 years, the period of storage referred to in paragraph 1, 2 °, is suspended from competition of the duration of punishment or measure.
The data referred to in article 44/5, § 3, not are not archived so that:-there is an action to be taken on the basis of a decision of an administrative or judicial authority competent or - a information or investigation within the meaning of articles 28A and 55 of the Code of criminal procedure is open and for which duties of investigation have been prescribed to the police and as long as the latter has not been informed by the competent late magistrate of such information or investigation.
(b) to persons referred to in article 44/5, § 3, 4 °, five years from the time when the person was found;
(c) to persons referred to in article 44/5, § 3, 5 °, ten years from the moment where the person was arrested or from the escape attempt; again
(d) to persons referred to in article 44/5, § 3, 7 ° to 9 °, 10 years after the registration of the last criminal fact which they are witnesses or victims, on the understanding that the data are not archived so that:-there is an action to be taken on the basis of a decision of an administrative or judicial authority competent or - a information or investigation within the meaning of articles 28A and 55 of the Code of criminal procedure is open and for which duties of investigation were prescribed to the police and as long as the latter has not been informed by the competent magistrate at the end of such information or investigation.
Data relating to persons referred to in article 44/5, § 3, 3 ° can not be archived until an investigation is initiated.
By way of derogation from paragraph 1, a) d), data relating to the persons referred to in article 44/5, § 3, 1 ° to 9 °, are archived at least five years from the registration of the last information related to a fact criminal when he is not localized in time or space. "."
S. 19. in the same subsection 5, inserted a section 44/10 read as follows: "article 44/10. § 1. The

personal data and information covered in the B.N.G. for purposes of administrative police or judicial police are archived for thirty years.
At the end of this period, the personal data and information are erased, without prejudice to the law of 24 June 1955 relating to archives.
§ 2. Consultation of the archives of the B.N.G. is made specifically for the following purposes: 1 ° the taking of knowledge and exploitation of the history of police administrative or judicial police as part of an investigation of a crime;
2 ° assistance in investigations to identify, on the basis of the fingerprints of persons referred to in article 44/5, § 3, 1 °;
3 ° support the definition and the realization of the police policy and security;
4 ° based on a written request from the Minister of the Interior, the defence of justice police services and monitoring of the retrial involving data contained in the B.N.G.
The result of the exploitation of the archives of the B.N.G. for the purpose referred to in paragraph 1, 3 °, is anonymised. "."
S. 20. in the same subsection 5, it is inserted a section 44/11 as follows: "article 44/11. § 1.
The B.N.G. is developed and managed by a Directorate of the general Commissioner of the federal police.
This direction may be assisted for the technical aspects by services depending on other branches.
This Directorate is headed by a Director, who is assisted by a Deputy Director.
One is a member of the federal police and the other belongs to the local police.
The King shall adopt the terms of their appointment.
§ 2. Police officers responsible for the management of the B.N.G. are appointed by the King after the opinion of the supervisory body referred in article 44/6.
Appointment, assignment or reassignment them shall be granted only on initiative or with the agreement of the competent Minister and after notice of this control. Modalities are determined by the King.
A disciplinary procedure against these police officers for acts committed during the period of their appointment may be brought only with the agreement or by order of the Minister of the Interior.
The opinion of the supervisory body is collected for disciplinary procedures that are not ordered by the Minister. "."
S. 21. in the same subsection 5, it is inserted a section 1-11-44 as follows: "article 11-44-1. Any member of the police who, either retains knowingly and voluntarily the personal data or information with an interest in the execution of public action or of personal data or information of administrative police which may give rise to the taking of measures essential for the protection of people, public security or public health , or either forbears knowingly and voluntarily supply the B.N.G. in accordance with article 44/7 shall be punished by imprisonment of one month to six months and a fine of twenty-six to five hundred euros, or one of those penalties only.
The provisions of book I of the penal Code, including Chapter VII and article 85, shall apply to this offence. "."
S. 22. in section 1A, inserted by article 4, there shall be inserted a subsection 6 titled "banks database".
S. 23. in sub-section 6, inserted by article 22 article be inserted a 44/11/2 as follows: "article 11-44-2.
§ 1. Basic data banks are police databases created for the benefit of the whole of the integrated police and who intended to run the administrative police and judicial police missions by exploiting information and personal data which are included and informing the competent authorities in the performance of these duties.
These databases are developed by the direction of the general commissariat of police federal, referred to in article 44/11, § 1, paragraph 1.
This direction may be assisted for the technical aspects by services depending on other branches.

§ 2. The personal data and information processed in the databases of basic with the exception of those relating to the management of investigations, are available and directly available, than by the police which have registered or which must, by their legal missions coordinate data and information.
Data relating to administrative police missions are accessible for five years from the date of their registration.
Data relating to judicial police missions are accessible for fifteen years from the date of their registration.
§ 3. After the expiry of the time limit of fifteen years referred to in § 2, paragraph 3, the personal data and information relating only to the judicial police missions are available: 1 ° during a new period of fifteen years, solely on the basis of the record of the minutes number, number of report information or file number;
2 ° during a new period of thirty years, only as part of an investigation into crimes.
§ 4. By way of derogation from § 2, paragraph 3, and § 3, the data and information relating to judicial police missions not concrete facts are accessible for five years from their registration.
§ 5. By way of derogation from § 2, paragraph 3, and § 3, the data and information covered in the banks of basic data relating to the offences referred to in the royal decree of 1 December 1975 on general regulations on road traffic and the use of the highway police are accessible for five years from their registration.
§ 6. Data and information processed in the banks of basic data relating to the management of the investigations conducted in the context of information within the meaning of article 28A of the Code of criminal procedure or a judicial investigation within the meaning of article 56 of the Code of criminal investigation for which the duties of investigation have been prescribed to police are available for thirty years from when the end of the investigation was communicated by the competent magistrate to the Police.
The competent public prosecutor may, in exceptional circumstances, decide how motivated that at the end of this period all or part of the data contained in a database of investigation base must be kept for a renewable period of maximum 10 years.
§ 7. Without prejudice to the law of 24 June 1955 relating to archives, the personal data and information is erased, after the expiry of the deadlines referred to in this article. "."
S. 24. in section 1A, inserted by article 4, there shall be inserted a subsection 7 titled "banks-specific data".
S.
25. in sub-section 7 inserted by article 24, article be inserted a 3-11-44 as follows: "article 11-44-3. § 1. In exceptional circumstances and for the exercise of their tasks administrative police and judicial police, the chefs de corps for the local police, and managers for the federal police may create, for special needs, special data banks which are responsible for the treatment.
§ 2.
The creation of a specific database is motivated by one or more of the following specific needs: a) the need to classify the personal data or information within the meaning of the Act of 11 December 1998 classification and clearances, certificates and safety notices.
b) impossibility technical or functional supply B.N.G. all or part of the personal data processed information in these databases;
(c)) the character irrelevant or excessive centralization in the B.N.G. all or part of the personal data or information, in the context of the exercise of administrative police and judicial police missions.
§ 3. Prior to its creation, the controller said the Bank of data particular to the supervisory body referred to in article 44/6, which shall deliver its opinion within 30 days from the receipt of the declaration.
Where the supervisory body issues recommendations concerning specific database, and where the controller does not give these recommendations, the control agency shall forward its analysis to the competent Minister and, where appropriate, to the College of Prosecutors General.
§ 4. Without prejudice of the registration or the archiving of data in accordance with articles 44/2, paragraph 2, 1 °, and 44/10, specific databases are deleted as soon as the needs referred to the § 1 disappear.
§ 5. The narcotics control maintains a central directory of specific databases.
He particularly mentions the dates of creation and deletion of these data banks, positive or negative in the opinion referred to in § 3, the responsible of the treatment, the conditions of access and the communication of data and information that are addressed.
This central repository is available to the Minister of the Interior or his delegate, the Minister of Justice or his delegate, to the competent control authorities, to the judicial authorities, the administrative police authorities and police services."
S. 26. in section 1A, inserted by article 4, there shall be inserted a subsection 8 entitled "communication of data and access to the B.N.G.".

S. 27. in subsection 8, inserted by article 26, article be inserted a 4-11-44 as follows: "article 11-44-4. § 1.
By "communication of data and information", it means, the transmission through any medium whatsoever of personal data referred to in article 44/1 including those included in the databases referred to in article 44/2.
§ 2. "Direct access" means an automated connection to the B.N.G. allowing access to the data contained in it.

§ 3. By "direct search" means direct access limited to all or part of the following data: a) the existence of data on a person in accordance with article 44/5, § 1, paragraph 1, 2 ° to 6 °, and § 3, 1 ° to 9 °;
b) qualification retained by the police concerning the facts for which the person is registered;
c) the data needed to get more information to the competent authority;
(d) data relating to the measures to be taken for the persons referred to in point a). "."
S. 28. in the same subsection 8, inserted a section 5-11-44 as follows: "article 44/11/5.
§ 1. Communication, direct access and direct search is done without prejudice to articles 44/1, §§ 3 and 4, and 44/8.
§ 2. The King may determine the general terms and conditions relating to security measures and the duration of storage of the data and information was received or to which it was accessed pursuant to this subsection. "."
S. 29. in the same subsection 8, it is inserted a section 6-11-44 as follows: "article 11-44-6. The transmission of judicial information referred to in articles 44/11/7, 11/44/10 and 44/11/13, is subject to authorization by the competent judicial authority. "."
S.
30. in the same subsection 8, it is inserted a section 7-11-44 as follows: "article
11-44-7. Information and personal data are communicated to the judicial authorities or administrative police authorities to enable them to carry out their statutory tasks. "."
S.
31. in the same subsection 8, it is inserted a section 8-11-44 as follows: "article
11-44-8. The personal data and information may also be communicated to the Committee permanent P and its investigations, the Committee Permanent R Service and its Service of investigations, the narcotics control and the body for the coordination of the threat analysis to enable them to carry out their statutory tasks. "."
S. 32. in the same subsection 8, it is inserted a section 9-11-44 as follows: "article 11-44-9. § 1. According to the rules laid down by the directives of the Ministers of the Interior and of Justice, each within its jurisdiction, the personal data and information may also be communicated to the bodies and following services to enable them to exercise their statutory missions: 1 ° the intelligence and security services, without prejudice to article 14 of the Act of 30 November 1998, organic from intelligence and security services;
2 ° the financial information processing unit;
3 ° the Office of foreigners;
4 ° the investigative and research of the General Administration of customs and Excise.
§ 2. After the opinion of the supervisory body, they may also be communicated to the Belgian public authorities, bodies or agencies or public interest responsible under the law of the application of the criminal law or who have legal missions of public safety when they need for the performance of their legal tasks.

§ 3. Communication recurring or large data to personal information is the subject of a memorandum of understanding between the services, organisations, bodies or authorities recipients of such data or information and the Commissioner general of the federal police.
This Protocol is at least on the security measures in connection with this communication and the shelf life of these data and information.
§ 4. "Without prejudice to the legal provisions which apply to them and without that it may endanger the exercise of their missions, authorities, services, bodies, organizations or bodies referred to in §§ 1 and 2 communicate to the police they treat their missions and are adequate, relevant and not excessive to ensure the execution data and information missions of the police."
Conditions of this communication are detailed in a memorandum of understanding approved by the Ministers concerned. "."
S. 33. in the same subsection 8, inserted a section 10-11-44 as follows: "article 11-44-10. The King determines, by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy, what organizations or people, the personal data which are necessary for the performance of tasks of general interest related to scientific research entrusted to them by or pursuant to a law, a decree or an order can be communicated , as well as the modalities of this communication. "."
S. 34. in the same subsection 8, it is inserted a section 11-11-44 as follows: "article 11/44/11. Without prejudice to article 13, § 3, of the Act of 21 March 1991 on reform of some economic public companies, the King determines, by Decree deliberated in the Council of Ministers after the opinion of the Committee on the protection of privacy, personal data and information that may be communicated to Bpost for immediate perceptions of administrative processing , as well as the modalities of this communication. "."
S. 35. in the same subsection 8, inserted a section 12-11-44 as follows: "article 11-44-12. § 1. The King determines, by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of private life: 1 ° the terms of direct access to the data personal and information contained in the B.N.G. for the authorities referred to in article 44/11/7 and 11 44, 8 in the exercise of their statutory tasks;
2 ° the terms of direct questioning of the B.N.G. for the authorities referred to in article 44/11/9, in the exercise of their legal tasks.
§
2. The direct search or direct access, implementing rules referred to in this article include at least: a) the need to know;
(b) the categories of staff members that on the basis of the performance of their missions have direct access to or an opportunity to directly query the B.N.G.;
c) automated treatments that are performed on the basis of the data and information of the B.N.G.;
d) the obligation of respect for professional secrecy by all persons who are directly or indirectly knowledge of data and information of the B.N.G.;
e) security measures which include: 1 ° the security infrastructure and networks;
2 ° the obligation of logging all transactions and keep these logging for ten years minimum data;
f) the obligation to be trained prior to obtaining direct access or the right to direct search. "."
S.
36. in the same subsection 8, inserted a section 13-11-44 as follows: "article
11-44-13. § 1. The personal data and information may be communicated to the foreign police, international police and judicial cooperation organizations and international law enforcement services in the conditions of a rule of international law binding the Belgium or referred to in articles 21 and 22 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
As regards the Member States of the European Union and Interpol police services, the personal data and information can also be submitted under the conditions determined by the King, after the opinion of the Committee on the protection of privacy, by Decree deliberated in the Council of Ministers.
§ 2. Communication recurring or large data to personal or information to a service or organization referred to the § 1 is possible only in the conditions of a rule of international law binding the Belgium or, for the services and organisations in the European Union or one of its Member States and Interpol, in the conditions determined by the King , by Decree deliberated in the Council of Ministers.
§
3. It appears as a given that was communicated in accordance with the § 1 is more accurate, the police inform the consignee and shall endeavour to obtain the rectification.

§ 4. Direct access to all or part of the data and the B.N.G. information a direct interrogation of all or part of these data and information is provided to a service or organization referred to the § 1 and under the conditions set by a rule of international law binding the Belgium.
§ 5. This article shall apply without prejudice to the rules applicable to judicial co-operation in criminal matters. "."
S. 37. in the same Act, subsection 4, with articles 44/12 to 44/17, becomes section 1B.
S.
38. in article 44/17 of the Act, the words "44/7 and 44/11" shall be replaced by the words "1-11-44".
TITLE III. -Amendment of the law of 8 December 1992 relative to the protection of privacy with regard to processing of personal data article 39. article 1 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of data

personal, replaced by the law of 11 December 1998, is complemented by articles 9 to 13, worded as follows: "§ § 9 9" B.N.G, means the General national data bank referred to in article 44/7 of the Act of 5 August 1992 on the police function.
§ 10. "Banks database", means the databases referred to in article 11-44-2 of the Act of 5 August 1992 on the police function.
§ 11. "Specific data banks", means the databases referred to in article 11-44-3 of the Act of 5 August 1992 on the police function.
§ 12. "Data and information" means the personal data and information referred to in article 44/1 of the Act of 5 August 1992 on the police function.

§ 13. "administrative police authorities" means the authorities referred to in article 5, paragraph 1, of the Act of 5 August 1992 on the police function. "."
S. 40. in the same Act, it is inserted a VIIter chapter entitled 'Control of the police information management body'.
S. 41. in the Act, it is inserted an article 36ter as follows: "article
36ter § 1. It is created with the Commission for the protection of privacy a narcotics police information control for the control of the treatment of the information and data referred to in article 44/1 of the law on the police function including those included in the databases referred to in article 44/2.
§ 2. This body is independent of the Commission for the protection of privacy in the exercise of its tasks. He shared the secretariat with the Commission for the protection of privacy.
§ 3. The operation of the supervisory body is regulated by a rules of procedure which is subject to the approval of the House of representatives.
§ 4. The narcotics control does not deal with the applications referred to in article 13, but may be seized by the Commission on the protection of privacy of serious or recurrent breaches found in the context of the processing of these requests. "."
S. 42. in the same Act, it is inserted an article 36ter/1 as follows: "article 36ter/1. § 1.
The supervisory body is chaired by a judge of the courts, appointed by the House of representatives.
The supervisory body is also composed of a member of the Committee on the protection of privacy, one or more members of the local police and the federal police and one or more experts.
The number of experts cannot exceed the number of members of the police services.
The members of the supervisory body are appointed based on their knowledge in the management of police information by the House of representatives for a term of six years, renewable once. At the end of this term, the members continue to discharge their duties until their successor swearing.
§ 2. The appointment of the president of the supervisory body shall commence after he has taken the oath prescribed by article 2 of the Decree of July 30, 1831, the hands of the president of the House of representatives. The appointment of the other members of the supervisory body takes courses after they have taken the same oath in the hands of the president of the supervisory body.

§ 3. The provisions of article 323bis of the Judicial Code shall apply to the president of the supervisory body.
The president enjoys a treatment equal to that of a president of Court of first instance whose jurisdiction has a population of less than two hundred and fifty thousand inhabitants and increases and benefits is related, although this treatment may be lower than he enjoyed in his position as magistrate.
§ 4. At the time of their appointment, the members of the supervisory body must fulfil the following conditions: 1 ° be Belgian.
2 ° to the rights civil and political;
3 ° be of irreproachable conduct;
4 ° justify processing of information or data protection expertise;
5 ° be holder of the "secret" level security clearance granted under the Act of December 11, 1998 to the classification and the clearances, certificates and safety notices.

§ 5. At the time of their appointment, the members of staff of the police members of the narcotics control must also fulfil the following specific conditions: 1 ° have at least 10 years of seniority of service and be at least coated the rank of Commissioner of police or level 1;
2 ° not being a qualified final evaluation "inadequate" during the five years that preceded the introduction of the nomination, nor have incurred disciplinary heavy not cleared;
3 ° justify of an experiment of at least one year for processing of information or data protection.
§ 6. At the time of their appointment, the experts must also fulfil the following specific conditions: 1 ° justify five years experience as an expert in the treatment of the information or data protection.
2 ° be a diploma giving access to level 1 jobs in administration of the State or having been employed by tier 1 in the administrations of the State for at least five years.
§ 7. The president and the members of the supervisory body may be removed by the House of representatives when the conditions referred to in §§ 3, 4, 5 and 8 and article 36ter/2 are not or more fulfilled in their head or in case of serious grounds.

§ 8. Members may not occupy any public mandate conferred by election. They may not exercise employment or public or private activity that could jeopardize the independence or dignity of the function. "."
S. 43. in the same Act, it is inserted a section 36ter/2 as follows: "article
36ter/2. The members of the supervisory body perform their duties full-time, with the exception of the Member of the Commission for the protection of private life which can perform the function of Member of the body of part-time control. "."
S. 44. in the same Act inserted an article 36ter/3 as follows: "article 36ter/3. The exercise of a function within the narcotics control is incompatible with: 1 ° the quality of Member of the General Inspectorate of the federal police and the local police;
2 ° the quality of Member of the Committee permanent P, or of its investigations, the Committee permanent R or its investigation services, service information or the coordinating body for threat analysis. "."
S. 45. in the same Act, it is inserted an article 36ter/4 as follows: "article 36ter/4. Subject to the provisions of this chapter, the status of the members of the supervisory body from police services is defined in accordance with article 21, § 1, of the royal decree of March 26, 2005 regulations on structural detachments of the personnel of the police services of similar situations and introducing various measures.
Funding for the Member of the staff of the local police is defined in accordance with article 20 of the same royal decree. "."
S. 46. in the Act, it is inserted a section 36ter/5 as follows: "article 36ter/5. At the end of his term on the narcotics control, the police services staff member is reassigned in accordance with the provisions of the royal decree of 30 March 2001 concerning the legal position of police services staff. "."
S.
47. in the same Act, it is inserted an article 36ter/6 worded as follows: "article 36ter/6. The staff member of the police force Member of the narcotics control, candidate for a function in the departments of police and recognized fit for it, has precedence over all the other candidates to this function, even if they have a priority given under the Act.
The priority referred to in paragraph 1 is in the last year of the six years worked in the narcotics control.
A period of two years is granted under the same conditions from the beginning of the tenth year performed within the narcotics control. "."
S.
48. in the same Act inserted an article 36ter/7 as follows: "article 36ter/7. A mission of general interest leave may be granted to an officer of a federal public service to exercise the function of expert within the supervisory body. The King sets the terms and conditions of the leave. "."
S.
49. in the same Act, it is inserted a section 36ter/8 as follows: "article 36ter/8. The supervisory body is initiative, at the request of the Commission on the protection of privacy, judicial or administrative authorities, the Minister of Justice or the Minister of the Interior or the House of representatives.
When the narcotics control is initiative, it shall immediately inform the House of representatives.
When the test took place within a local police, the narcotics control informs the mayor or the college of police and him address his report.
When the control concerns information and data concerning the performance of judicial police missions, the report y matter that is established by the supervisory body is also transmitted as the case to the magistrate of the competent public prosecutor. "."
S. 50. in the Act, it is inserted a section 36ter/9 as follows: "article 36ter/9. The narcotics control is particularly responsible for monitoring compliance with the rules for direct access to the B.N.G. and direct search, as well as the respect by all of the members of the police services of the obligation, referred to in article 44/7, paragraph

3, of the Act of 5 August 1992 on the function of police, to supply this database. "."
S.
51. in the same Act, inserted a section 36ter/10 read as follows: "article 36ter/10.
§ 1. The narcotics control shall ensure, through investigations of operation, that the B.N.G. content and the procedure for handling data and information, which are preserved, conform to the rules prescribed by articles 44/1 to 44/11/13 of the Act of 5 August 1992 on the function of police and their implementing measures.
§ 2. The narcotics control checks in particular regularity of the following processing operations within the General Data Bank and basic data banks: 1 ° the evaluation of data and information;
2 ° the recording of data and information collected;
3 ° the validation of data and information by the competent bodies for this purpose;
4 ° the seizure of data and information recorded in relation to the specific nature or reliability thereof;
5 ° clearing and archiving of data and information at the end of their retention periods.
§ 3. The narcotics control checks in particular the effectiveness of the features and following treatment, prescribed by the competent police authorities: 1 ° the relationships between the categories of data and information recorded at the time of their seizure;
2 ° the receipt of data and information by the authorities and services legally authorized to consult;
3 ° the communication of data and information to the authorities and legally entitled services;
4 ° the connection with other systems of information processing.
5 ° the specific rules of entry of data and information according to the concreteness of the reliability of these.
The narcotics control shall ensure, through investigations of operation, that the content and procedure of treatment of data and information registered and kept in special databases conform to rules prescribed by articles 44/1 to 44/5 and 44/11/3 of the Act of 5 August 1992 on the function of police and their implementing measures.
The supervisory body shall, in particular, to ensure that the conditions of access to and communication of information and data from specific databases that are specified in the central directory specific databases referred to in article 11-44-3, § 5, of the Act of 5 August 1992 on the function of police are met. "."
S.
52. in the same Act, it is inserted a section 36ter/11 as follows: "article 36ter/11.
The narcotics control has a right of unlimited access to all information and data processed by the police under section 44/1 of the Act of 5 August 1992 on police function, including those included in the B.N.G. banks base data and specific data banks.
Through its monitoring missions, the supervisory body may designate one or more of its members to carry out investigations on the spot. To this end, the narcotics control members a right of unlimited access to premises where and during the time where information and data referred to in paragraph 1 are processed. "."
S. 53. in the Act an as follows 36ter/12 article is inserted: 'article 36ter/12. § 1.
The narcotics control issues, at the address of the competent authority, within two weeks of receipt of the request, a detailed opinion on the appointment, promotion, the appointment or deployment of the members of the staff of the police services responsible for the management of the B.N.G.
§ 2.
The narcotics control issues, to the address of the appropriate Minister, within two weeks from the date of receipt of the application, a detailed opinion on the opportunity to initiate disciplinary proceedings against the head of the service managing the B.N.G. or the Deputy of it."
S. 54. in the Act, it is inserted an article 36ter/13 as follows: "article 36ter/13. The narcotics control shall report to the House of representatives in the following cases: 1 ° annually, by a general activity report which includes, where appropriate, conclusions and proposals of a general nature and which covers the period from 1 January to 31 December of the previous year.
The report is transmitted to the president of the House of representatives as well as to the relevant Ministers June 1 at the latest;
2 ° each time as he thinks useful or at the request of the House of representatives, by a ratio of intermediate activities, which may include, where appropriate, conclusions and proposals of a general nature relating to an investigative file.
The report is transmitted to the president of the House of representatives as well as to the competent Ministers;
3 ° when the House of representatives entrusted him with a mission;
4 ° when at the end of a period as it considers reasonable, he finds that no follow-up has been reserved to its conclusions, or that the measures taken are inadequate or insufficient. This time limit may not be less than sixty days. "."
S.
55. in the same Act, it is inserted a section 36ter/14 as follows: "article 36ter/14.
The members of the supervisory body who are in office at the time of the entry into force of this section may decide to remain subject to the statutory provisions which were applicable to the members of the supervisory body until it reports to the House of representatives, up to the end of their current mandate. At the end of this mandate, they fall from office under the application of the statutory rules of this Act. "."
TITLE IV. -Modification of Code of criminal procedure art.
56. the Code of criminal procedure is complemented by a 646 article as follows: "article
646. the categories of information extracted from decisions cast into res judicata by a correctional court, an Assize Court or a Court of appeal and which are capable of altering those recorded in the General national database referred to in article 44/7 of the Act of 5 August 1992 on the police function, hereinafter referred to as BNG, are communicated endeans thirty days to the police According to the modalities defined by the King, by Decree deliberated in the Council of Ministers.
The categories of information extracted from decisions of non-suit in the courts of instructions which are capable of altering those recorded in BNG are communicated endeans thirty days to the police, according to the rules laid down by the King, by Decree deliberated in the Council of Ministers.
The categories of information extracted from decisions of no further action for insufficient load or for lack of offense, taken by the Crown which are capable of altering those recorded in BNG are communicated endeans thirty days to the police, according to the rules laid down by the King, by Decree deliberated in the Council of Ministers. "."
Title V. - Provision final art.
57. articles 44/9, 11-44-2, § 2, paragraphs 2 and 3, 44/11/2, §§ 3 to 6, and 44/5, § 3, 9 °, of the law of 5 August 1992 on the police function, as amended by this Act, come into force on the date fixed by the King and no later than two years after the entry into force of the other provisions of this Act.
Article 646 of the Code of criminal procedure, inserted by article 56, comes into force on the date fixed by the King and no later than three years after the entry into force of the other provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, March 18, 2014.
PHILIPPE by the King: Deputy Prime Minister and Minister of the Interior and of equality of opportunity, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be): Documents: complete record 53-3105: 28 November 2013 Senate (www.senate.be): Documents: 5-2366 annals of the Senate: February 6, 2014