Posted the: 2012-08-29 Numac: 2012002044 SERVICE PUBLIC FEDERAL technology INFORMATION and COMMUNICATION 15 August 2012. -Law on the creation and organization of integrator of federal services (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Provisions General Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. for the purposes of this Act, shall mean: 1 ° "services Integrator": an institution which, by or under an Act, is responsible for the integration of services at a power level or in an area determined;
2 ° "integrated services": the Organization of mutual exchange of electronic data between instances and the provision integrated these data;
3 ° "data": electronic information presented in a manner appropriate to the treatment within the meaning of this Act;
4 ° "data bank": ordered set of data;
5 ° "authentic data": data collected and managed by an instance in a database and makes faith as unique and original data concerning the person or the fact of law concerned so that other forums have more to collect the same data;
6 ° 'true source': database in which are preserved authentic data;
7 ° "person": a natural person, a legal person or an association, with or without legal personality;
8 ° "network": all data banks, authentic sources, computer systems and network connections of the participating utilities and services Integrator federal which are interconnected through the federal services Integrator;
9 ° "bank rules": the set of rules laying down for the database or the authentic source, the conditions of consultation or communication of certain data;
10 ° "participating public service": any federal public service, all public service federal programming, the federal police, the Ministry of defence and any proceeding or any service, having or not legal personality, which depends on the Federal Government, and any person or body appointed by the King in implementing article 46, which puts one or several authentic sources or data sources available to the Integrator's services federal or that collects data through it.
Are not participating services: has) the federal public services in charge of social security, public health, safety of the food chain, the environment, employment, labour and social dialogue, as well as programming utilities dependent on these federal public services;
(b) public institutions of social security within the meaning of the royal decree establishing measures for the accountability of public institutions of social security, in accordance with article 47 of the law of 26 July 1996 on the modernization of social security and ensuring the viability of the statutory schemes of pensions, the social security institutions referred to in article 2 paragraph 1, 2 °, of the law of 15 January 1990 on the institution and the Organization of a Crossroads Bank for social security, so that the institutions to which certain rights and obligations have been extended under article 18 of the aforementioned law of January 15, 1990;
(c) the federal services Integrator;
11 ° "federal services Integrator": Integrator of services that has the task to simplify and optimize data exchange mutual between the participants on the one hand public services, and the exchange of data between participating utilities and other services integrators other hand Chapter 2. -Integration of federal services Section 1st.
-Creation of the integrator of federal services art. 3. the federal public Service in charge of technology information and communication fulfils the mission of federal services Integrator.
Section 2. -Missions of the federal services Integrator and participating utilities s. 4. the federal services Integrator's mission, with the agreement of the participating utilities and other services integrators, to integrate processing of data and, in this context, to provide integrated data access. To this end, federal services Integrator, with regard to the network: 1. receives and responds to requests for consultation and communication of data stored in one or more databases, or conducts communication integrated these data;
2. develop the technical and organisational modes by the federal services integrator of rights of access to data banks;
3 promotes and ensures uniformity of rights of access to data banks;
4 develops the technical modalities to develop channels of access for the most effective and safest possible;
5 develops the technical arrangements for communication between databases or authentic sources and the network;
6 promotes a policy of security coordinated for the network;
7 promotes and oversees the remodelling of databases in authentic sources;
8 can develop at their joint request to several participating utilities useful applications for the integration of data stored in databases.
S. 5 § 1. For the execution of its mission, the federal services Integrator has the right to use the identification of physical persons registered in the national register.
§ 2. The principles of treatment set out in article 4, § 1, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data are applicable to federal services Integrator for all data that are treated by him in the context of its duties, as set out in this Act.
S. 6. without prejudice to the specific legislation on the subject, the King divided functionally, by Decree deliberated in the Council of Ministers, the collection and storage of authentic data. In this case, the bodies responsible for the authentic data storage are under an obligation to maintain and make accessible through the network the data whose registration is entrusted to them.
S. 7. If a communication of personal data in the context of the mission of the integration of services of the federal services Integrator requires permission of separate sectoral committees the Committee on the protection of privacy, it coordinates the granting of different permissions or indicate which Committee is responsible for granting this authorisation, after consultation with the other relevant sectoral committees.
The institution of the sectoral committee responsible or designated management is responsible for drafting the legal and technical opinions and to transmit it to the Committee endeans 30 days of receipt of the request and provided that the folder is ready.
CHAPTER 3. -Functioning of federal services s. Integrator 8 § 1.
Participating utilities and integrators of services communicate electronically to the federal services Integrator any available electronic data necessary for the execution of its mission of integrated services.
§ 2. Federal services Integrator communicates electronically to participating federal public services and other services integrators any available electronic data they need for the performance of their tasks, provided that they have at this end of the necessary permissions.
S. 9. at each request consultation or communication, the federal services Integrator examines whether the applicant and the relevant query satisfy the rules of the Bank data or the authentic source concerned, as laid down in the relevant rule store.
S. 10. the federal services Integrator provides the technical means leading to the integration of data on the basis of data contained in one or more authentic sources.
S. 11. the federal services Integrator provides technical means appropriate for an applicant to consult or to communicate, the name or on behalf of another person, through the federal services Integrator data.
12. the data provided through the federal services Integrator benefit from the probative evidence to the contrary, regardless of the medium on which the communication occurs.
13 the absence of legal provisions or regulations contrary, federal services Integrator does not entitle people to participating utilities additional relating to the consultation, communication or any other treatment of data in addition to other legal and regulatory provisions applicable.
Chapter 4 Data Protection in the context of the integration of services Section 1. -Securing data art. 14. the Comité de concertation integrators of services, referred to in article 30, determines for each Exchange of data via the federal services Integrator: 1. who performs what authentication of identity, checks and controls, by what means, and who has responsibility;
2. the manner in which the results of carried out the identity authentication, checks and controls are the subject of an Exchange and a safe electronic conservation between the bodies concerned;
who maintains what access record, when attempt to access services integrators of services or any other processing of data through an integrator's services;
4. the way in which ensures that a complete reconstruction can take place in the event of review, on the initiative of a proceeding or an organ of control concerned or following a complaint, of which physical person has used what service relating to whom, when and for what purpose;
5. the period of storage of information recorded, which must amount to at least 10 years, as well as the mode of consultation by one entitled to this information.
Section 2. -Processing of data art. 15. unless expressly provided to the contrary, this Act does not prejudice to the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data or to legal provisions and specific regulations relating to the protection of data and the personal data that apply to authentic sources determined.
16 § 1. Everyone has the right to obtain free of charge the correction of any inaccurate data concerning.
Adaptation of data queries are introduced through the channels of access determined by the federal services Integrator and participating utilities.
At each request of adaptation through the federal services Integrator, federal services Integrator examines if the applicant and the request meets the conditions laid down in the relevant rules banks.
§ 2. Every person has the right to know what authorities, what organizations or what people have, during the six months passed, accessed or updated its data through the network, with the exception of administrative and judicial authorities or services responsible for monitoring or searching the prosecution or punishment of offences, the federal police the permanent Committee of control of the Standing Committee of control of the intelligence services as well as their service of respective investigations, the coordinating body for threat analysis, and the General Inspectorate of the federal police and local police and police services.
Federal services Integrator provides appropriate technical means to ensure the implementation of the decisions of the Committee in accordance with article 14.
Section 3. -Secret professional art. 17 § 1. Any person who, due to their duties, participates in the collection, consultation, communication, use or any other data processing, pursuant to legal or regulatory provisions, are covered by professional secrecy, is required to comply with these laws and regulations in the context of the processing of these data.
§ 2. Any person who, within the participating utilities or Integrator of federal services, are involved, due to its functions, to the collection, consultation, communication, use or any other processing of data over the network, is committed to maintaining the confidentiality of data.
Section 4. -Destruction of databases art. 18. the King shall, by Decree deliberated in the Council of Ministers, persons who, in time of war, in circumstances y assimilated under section 7 of the Act of May 12, 1927, on the military requisitions or during the occupation of the territory by the enemy, are responsible to prevent access to the network and to destroy or do destroy databases of federal services integrator in whole or in part.
S. 19. the King sets the terms and conditions of such preventing access or such destruction.
Section 5. -Advisor in security section 20. the federal services Integrator as well as all participating public service means a Security Advisor, among the members of its staff or not, and communicates its identity to the relevant sectoral Committee in this matter established the Committee on the protection of privacy. This sectoral Committee may refuse the designation of Security Advisor by reasoned decision. This refusal must be notified to the federal services Integrator or to the public service participant endeans the month of submission of the Security Advisor. In this case, the integrator of federal service or the public service participant refers to another person.
S. 21. the Security Advisor falls under the direct authority of the supervising official of the public service concerned or the federal services Integrator.
S. 22. with a view to securing the data for which its public service acts as a public service participant or as an integrator of services, the Security Advisor is responsible for: 1. providing expert advice to public service in the field of securing information and awareness in this area, giving particular attention to data and network security;
2 collaborate with the Security Advisor of other utilities and integrators of services in order to achieve a coherent approach for information security;
3 carry out the tasks entrusted to him in the field of information security.
The Security Advisor appointed by the federal services Integrator will be charged in addition to the above functions in paragraph 1, participating utilities information security awareness.
23. the King may determine, after the opinion of the Committee on the protection of privacy, the status of the Security Advisor, as well as the rules according to which the security advisors perform their missions.
CHAPTER 5. -Organization Section 1st. -S. Coordinating Committee 24. a coordination Committee is hereby established. It consists of the official leader of each participating public service, official leader of each integrator services, within the meaning of article 2, 1 °, the official leader of the Agency for administrative Simplification, and the Chairman of the Committee of management of the Service's federal public Information and Communication technology.
S. 25. the Presidency and the secretariat of the Coordinating Committee are provided by the federal public Service in charge of Information and Communication technology.
26. the Coordinating Committee meets at least once a year on the initiative of the Presidency or whenever one of the members of the Committee requires.
S. 27 § 1.
The coordination committee, in accordance with the provisions of this Act, advises the federal services integrator in relation to: 1. possible access to authentic sources through federal services Integrator or data banks;
2. the possible adaptation of the authentic sources selected, so that, wherever possible, only authentic data are made available;
3. the use of references to the authentic data in the authentic source in what concerns data covering, partially or in whole, a given authentic in an authentic source;
4. the establishment of a Bank of rules for one or more data stores;
5. the sharing of responsibility between the integrator of federal services, participating utilities and other services integrators, taking into account the powers conferred on them by this Act.
The coordination committee deliberates on initiatives to promote and maintain the collaboration within the network, and on initiatives that can contribute to a legitimate and confidential network data processing.
The coordination Committee provides further advice or recommendations computerization or related problems, made proposals and offers its collaboration in the field of computer training for the benefit of the staff of public services, and examines how the rational exchange of data within the network can be stimulated.
§ 2. On the proposal of the Committee for coordination and following the opinion of the Committee on the protection of privacy if it is personal data, the le Roi King determines, by Decree deliberated in the Council of Ministers: has) the criteria on the basis of which data are referred to as authentic;
(b) what data can be classified as genuine within the meaning of this Act.
S. 28. the Coordinating Committee establishes its members of working groups to which it entrusts specific tasks.
S. 29. the King determines in which cases consultation of the coordination Committee is mandatory.
Section 2. -Comité de concertation integrators of services art. 30. a Coordination Committee of the integrators of services within the meaning of article 2, 1 °, is hereby established. It consists of a representative of the integrator of federal services and a representative of the other different services integrators.
31. the Comité de concertation services integrators elects a president in his breast. The secretariat is provided by the federal public Service in charge of Information and Communication technology.
32. the conciliation services integrators Committee meets at least once a year on the initiative of the Presidency or whenever a member requires.
S. 33. the conciliation services integrators Committee deliberates on initiatives to promote and maintain collaboration between services integrators.
The Comité de concertation of integrators of services provides
also notices and recommendations computerization or related problems.
The Comité de concertation of integrators of services determines the security measures, referred to in article 14.
The Comité de concertation of integrators of services determines annual planning for projects that will be carried out in the field of integration of services, with agreements relating to the distribution of tasks between different services integrators.
S. 34. the Comité de concertation services integrators may establish in its midst of working groups to which it entrusts specific tasks.
S. 35. the King determines, by Decree deliberated in the Council of Ministers, the cases in which consultation of the Comité de concertation services integrators is mandatory.
CHAPTER 6. -Control and criminal sanctions art. 36. the sectoral Committee in the relevant, established the Committee on the protection of privacy, is responsible for the organisation of control, at regular intervals, of compliance with the obligations of the Act by the integrator of federal services, applicants and the participating utilities.
37 shall be punished by a fine of one hundred to two thousand euros, those who knowingly: 1. have not taken measures to ensure data security, in accordance with the provisions of this Act and its implementing orders;
2 have allowed third parties to access the network, or which will be able to third parties, in any way, to learn or to make use of data from the network, if these third parties could not have these acts themselves or ask on the basis of the provisions of this Act, of its orders of execution or the relevant rules Bank.
38 shall be punished by a term of imprisonment from eight days to six months and a fine of one hundred euros at five thousand euros or one of those penalties only, those who have been regularly or not, consultation or communication of data and to have knowingly worn for purposes other than those provided for by or under this Act.
S. 39 shall be punished by a term of imprisonment of three months to one year and a fine of two hundred euro to ten thousand euros or one of those penalties only: 1. those who, contrary to the provisions of article 17, have not respected the confidentiality of the data during collection, consultation, communication, use or any other treatment of data;
2 persons, their servants or agents, appointed by the King, on the basis of article 18, to prevent access to data and databases or destroy or be destroyed, which, intentionally, have not performed their mission or will run it without complying with the conditions and the procedures laid down.
S. 40. in the case of a breach of any provision of this Act or its orders in the three years following the final corrections decision execution, the penalty may be increased to twice the maximum.
S. 41 public action prescribed by three years have elapsed from the day where the offence was committed.
S. 42. the penalty prescribed by three years have elapsed from the date of the judgment or the judgment last spring, or from the day where the judgment rendered at first instance will no longer be attacked through the call.
S. 43. without prejudice to the provisions of articles 40, 41 and 42, all provisions of book 1 of the penal Code, including chapter 7 and section 85, but except Chapter 5 and article 92, shall apply to the offences provided for in this Act.
CHAPTER 7. -Transitional provisions and final arts. 44 the King can adjust, by Decree deliberated in the Council of Ministers, the tasks of the bodies referred to in Chapter 5, as well as the subsequent terms of collaboration between the federal services Integrator and participating utilities.
45 § 1. The King repeals, complements, amends or replaces, by Decree deliberated in the Council of Ministers, legal and regulatory provisions existing so that the text of the latter conforms to the provisions of this Act.
§ 2. The project of the royal decree referred to the § 1 will be submitted for opinion to the Committee of the integrators of services, referred to in article 30.
§ 3. Taken orders in accordance with the § 1 and § 2 shall cease to have effect at the end of the thirteenth month following their entry into force, if they were not confirmed by law before that date.
S. 46. under the conditions and in the manner that it determines, the King may, by Decree deliberated in the Council of Ministers on a proposal from the Conciliation Committee of integrators of services and after receiving the opinion of the Committee on the protection of privacy, expand the whole or part of the rights and obligations arising from this Act and its enforcement to persons or bodies other than the participating utilities.
Such an extension of the rights and obligations cannot carry on tasks in the field of operation of other services Integrator.
S. 47. the King determines, by Decree deliberated in the Council of Ministers, for each of the provisions of this Act, the date of entry into force.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Châteauneuf-de-Grasse, given August 15, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of finance and sustainable development, responsible for the public service, S. VANACKERE. the Minister of Justice, Ms. A. TURTELBOOM 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) Session 2011-2012.
House of representatives: Documents. -Bill, no. 53 - 2223-1. -Report, n ° 53-2223-2. -Text corrected by the commission, n ° 53 - 2223 - 3. -Text adopted in plenary and transmitted session in the Senate, n ° 53 - 2223 - 4.
Full record: 28 juin2012.
Senate: Documents. -Project not referred by the Senate, no. 5 - 1687 - 1.