belgiquelex.be - Carrefour Bank of Legislation

15 AOUT 2012. - Federal Service Integrator Creation and Organization Act (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. For the purposes of this Act:
1° "service integrator": an institution that, by or under a law, is responsible for integrating services at a power level or in a specific sector;
2° "integration of services": the organization of mutual exchanges of electronic data between instances and the integrated provision of such data;
3° "data": electronic information appropriately submitted for processing within the meaning of this Act;
4° "data bank": orderly data set;
5° "authentic data": data collected and managed by a proceeding in a database that is believed to be a unique and original data concerning the person or the fact of the law concerned, so that other instances must no longer collect the same data;
6° authentic source: data bank in which authentic data are stored;
7° "person": a natural person, a legal person or an association, whether or not provided with the legal personality;
8° Network: all data banks, authentic sources, computer systems and network connections of participating public services and the federal service integrator that are interconnected through the federal service integrator;
9° "regulation bank": the set of rules for the data bank or the authentic source, the terms of consultation or communication of certain data;
10° "participating public service": any federal public service, any federal public programming service, the federal police, the Ministry of Defence and any proceeding or service, whether or not provided with the legal personality, that depends on the federal administration, and any person or body designated by the King pursuant to section 46, that makes one or more authentic sources or sources of data available to the federal integrator or that collects data via the federal services.
Not participating services:
(a) Federal public services in charge of Social Security, Public Health, Food Chain Safety, the Environment, Employment, Labour and Social Concertation, as well as public programming services dependent on these federal public services;
(b) public social security institutions within the meaning of the Royal Decree on Measures for the Accountability of Public Social Security Institutions pursuant to Article 47 of the Act of 26 July 1996 on the Modernization of Social Security and the Sustainability of Legal Pension Plans, the social security institutions referred to in Article 2, paragraph 1^er, 2°, of the Act of 15 January 1990 on the institution and organization of a Social Security Bank-Carrefour, as well as the institutions to which certain rights and obligations were extended under section 18 of the aforementioned Act of 15 January 1990;
(c) the federal service integrator;
11° "Federal Service Integrator": The Integrator of Services, whose task is to simplify and optimize the exchange of mutual data between participating public services on the one hand, and the exchange of data between participating public services and other service integrators on the other.
CHAPTER 2. - Federal Service Integrator
Section 1^re. - Establishment of the federal service integrator
Art. 3. The Federal Public Service in charge of Information and Communication Technology fulfills the federal service integrator's mission.
Section 2. - Federal Service Integrator and Participating Public Services Missions
Art. 4. The federal service integrator, with the agreement of the participating public services and other service integrators, is responsible for integrating data processing processes and, within this framework, providing integrated access to data. To this end, the federal service integrator, with respect to the network:
1. receives and responds to requests for the consultation and communication of data recorded in one or more data banks or proceeds with the integrated communication of such data;
2. develop technical and organizational controls by the federal data bank access rights integrator;
3. promotes and ensures the homogeneity of access rights to data banks;
4. develop technical modalities to develop access channels in the most efficient and secure way possible;
5. develop technical modalities for communication between data banks or authentic sources and the network;
6. promotes a coordinated security policy for the network;
7. promotes and supervises the remodeling of data banks in authentic sources;
8. may develop, at their joint request, for several participating public services, applications useful to the integration of data stored in the data banks.
Art. 5. § 1^er. For the performance of its mission, the federal service integrator has the right to use the identification number of physical persons registered in the National Register.
§ 2. The principles of treatment set out in Article 4, § 1^er, of the Act of 8 December 1992 on the Protection of Privacy in respect of personal data processing is applicable to the federal service integrator for all data processed by him in the course of his duties, as set out in this Act.
Art. 6. Without prejudice to the specific legislation in this regard, the King functionally distributes, by order deliberately in the Council of Ministers, the collection and storage of authentic data. In this case, authentic data storage authorities are obligated to keep up-to-date and make the data entrusted to them accessible through the network.
Art. 7. If a communication of personal data within the scope of the Federal Service Integrator's service integration mission requires authorization from separate sectoral committees within the Privacy Commission, the Commission shall coordinate the granting of the various authorizations or indicate which committee is responsible for granting this authorization, after the advice of other relevant sectoral committees.
The management institution of the relevant or designated sectoral committee is responsible for drafting the legal and technical advice and forwarding it to the committee within 30 days of receipt of the application and as long as the file is ready.
CHAPTER 3. - Operation of the Federal Service Integrator
Art. 8. § 1^er. Participating public services and service integrators electronically communicate to the federal service integrator any available electronic data that the federal service integrator needs to carry out its service integration mission.
§ 2. The federal service integrator electronically communicates to participating federal public services and other service integrators any available electronic data they need for the performance of their missions, provided that they have the necessary authorizations for this purpose.
Art. 9. At each consultation or communication request, the federal service integrator examines whether the applicant and the request concerned meet the rules of the data bank or the authentic source concerned, as set out in the relevant Rule Bank.
Art. 10. The federal service integrator provides the technical means to integrate data on the database in one or more authentic sources.
Art. 11. The federal service integrator provides appropriate technical means to enable an applicant to consult or communicate, on behalf of or on behalf of another person, data through the federal service integrator.
Art. 12. Data provided through the federal service integrator benefit from the probative force to the contrary, regardless of the medium on which the communication operates.
Art. 13. In the absence of legal or regulatory provisions to the contrary, the federal services integrator shall not confer on participating public persons or services any additional rights relating to consultation, communication or other data processing in addition to other applicable legal and regulatory provisions.
CHAPTER 4 Data protection in the integration of services
Section 1^re. - Data security
Art. 14. The Service Integrator Consultation Committee, referred to in section 30, determines for each data exchange through the Federal Service Integrator:
1. who performs the authentication of identity, verifications and controls, using which means and who assumes responsibility for it;
2. how the results of authentication of identity, audits and controls are subject to safe electronic exchange and conservation between the authorities concerned;
3. which keeps up to date what access registration, what access attempt to services of service integrators or any other data processing through a service integrator;
4. how one ensures that a complete reconstruction can take place in the event of a review, at the initiative of a particular body or control body or as a result of a complaint, of which physical person has used which service relating to which person, when and for what purpose;
5. the time limit for the retention of recorded information, which must be at least ten years old, and the mode of consultation, by a person entitled, of that information.
Section 2. - Data processing
Art. 15. Unless expressly provided otherwise, this Act does not prejudice the Privacy Act of 8 December 1992 with respect to personal data processing or specific legal and regulatory provisions relating to the protection of personal data and data that apply to specified authentic sources.
Art. 16. § 1^er. Any person has the right to obtain without charge the rectification of any inaccurate data concerning him or her.
Data adaptation requests are introduced through access channels determined by the federal service integrator and participating public services.
At each request for adaptation through the federal services integrator, the federal services integrator examines whether the applicant and the application meet the conditions set out in the relevant rules banks.
§ 2. Any person has the right to know which authorities, which bodies or persons have, in the past six months, consulted or updated his data through the network, with the exception of the administrative and judicial authorities or services responsible for the monitoring or research or prosecution or the repression of offences, the federal police, the Standing Committee for the Control of Police Services and the Standing Committee for the Control of Information Services, and their Federal Police Service
The federal service integrator provides the appropriate technical means to ensure the execution of the decisions of the consultation committee pursuant to Article 14.
Section 3. - Professional secret
Art. 17. § 1^er. Any person who, because of his or her functions, participates in the collection, consultation, communication, use or other processing of data, which, under legal or regulatory provisions, are covered by professional secrecy, is required to comply with these legal or regulatory provisions in the course of processing such data.
§ 2. Any person who, within the participating public services or the federal service integrator, participates, as a result of their functions, in the collection, consultation, communication, use or other data processing through the network, is committed to maintaining the confidentiality of the data.
Section 4. - Destroying data banks
Art. 18. The King designates, by deliberate order in the Council of Ministers, persons who, in times of war, in circumstances assimilated under Article 7 of the Act of 12 May 1927 on military requisitions or during the occupation of the national territory by the enemy, are responsible for preventing access to the network and destroying or destroying the data banks of the federal integrator in whole or in part.
Art. 19. The King sets out the conditions and terms of such an impediment to access or destruction.
Section 5. - Security Adviser
Art. 20. The federal service integrator and any participating public service shall designate a security adviser, either among its staff or not, and shall communicate its identity to the relevant sectoral committee established in the Privacy Commission. This sectoral committee may refuse the designation of the security advisor by reason of decision. This refusal must be communicated to the federal service integrator or the participating public service within the month of the security advisor's presentation. In this case, the federal service integrator or the participating public service shall designate another person.
Art. 21. The Security Advisor reports to the direct authority of the relevant public service officer or federal service integrator.
Art. 22. In order to secure the data for which its public service acts as a participating public service or as a service integrator, the Security Advisor shall:
1. provide expert advice to the public service in the area of security and awareness of the information, with particular attention to data and network security;
2. collaborate with the security advisor of other public services and services integrators to achieve a coherent approach to the security of information;
3. carry out missions entrusted to it in the field of information security.
The security adviser designated by the federal integrator will be responsible, in addition to the above-mentioned functions in paragraph 1^erawareness of the security of information from participating public services.
Art. 23. The King may determine, after the advice of the Privacy Commission, the status of the Security Adviser, as well as the rules that security advisers exercise their duties.
CHAPTER 5. - Organization
Section 1^re. - Coordinating Committee
Art. 24. A coordinating committee is established. It consists of the officer of each participating public service, the officer of each service integrator, within the meaning of section 2, 1°, of the officer of the Agency for Administrative Simplification, and of the chair of the Steering Committee of the Federal Public Service Information and Communication Technology.
Art. 25. The chair and secretariat of the Coordinating Committee are provided by the Federal Public Service responsible for Information and Communication Technology.
Art. 26. The Coordinating Committee meets at least once a year at the initiative of the Chair or whenever one of the members of the committee so requires.
Art. 27. § 1^er. The Coordinating Committee, in accordance with the provisions of this Act, shall advise the Federal Service Integrator with respect to:
1. access to authentic data banks or sources through the federal services integrator;
2. possible adaptation of selected authentic sources, so that, to the extent possible, only authentic data are made available;
3. the use of references to authentic data in the authentic source with respect to data that, in part or as a whole, contain authentic data in an authentic source;
4. establishing a rules bank for one or more data banks;
5. the sharing of responsibility between the federal service integrator, participating public services and other service integrators, taking into account the skills conferred on them by this Act.
The coordination committee deliberates on initiatives to promote and maintain collaboration within the network, and initiatives that can contribute to the legitimate and confidential processing of network data.
The coordination committee also provides advice or recommendations on computerization or related issues, makes proposals and offers its collaboration in the field of the organization of computer training for public service personnel, and examines how rational data exchange within the network can be stimulated.
§ 2. On the proposal of the Coordinating Committee and after the advice of the Privacy Commission if it is personal data, the King determines, by order deliberately in the Council of Ministers:
(a) the criteria on which data are described as authentic;
(b) what data may be described as authentic within the meaning of this Act.
Art. 28. The Coordinating Committee sets up working groups for which it assigns specific tasks.
Art. 29. The King determines in which cases the consultation of the coordination committee is mandatory.
Section 2. - Committee for Consultation of Service Integrators
Art. 30. A Committee for Consultation of Service Integrators within the meaning of Article 2, 1°, is established. It consists of a representative of the federal service integrator and a representative of the various other service integrators.
Art. 31. The Service Integrator Consultation Committee selects a Chair within it. The secretariat is provided by the Federal Public Service responsible for Information and Communication Technology.
Art. 32. The Service Integrator Consultation Committee meets at least once a year at the initiative of the Chair or whenever one of the members so requires.
Art. 33. The Service Integrator Consultation Committee is deliberating on initiatives to promote and maintain collaboration among service integrators.
The Service Integrator Consultation Committee also provides advice and recommendations on computerization or related issues.
The Service Integrator Consultation Committee determines the security measures referred to in section 14.
The Service Integrator Consultation Committee determines an annual planning for projects to be carried out in the area of service integration, with agreements related to the division of labour between the various service integrators.
Art. 34. The Service Integrator Consultation Committee may establish working groups within it to which it assigns specific tasks.
Art. 35. The King determines, by deliberate order in the Council of Ministers, the cases in which consultation with the Committee for Consultation of Service Integrators is mandatory.
CHAPTER 6. - Control and criminal sanctions
Art. 36. The relevant sectoral committee in this area, established within the Privacy Commission, is responsible for the organization of regular monitoring of compliance with the obligations of this Act by the federal integrator, applicants and participating public services.
Art. 37. Will be punished with a fine of one hundred to two thousand euros, those knowingly:
1. shall not have taken the necessary measures to secure the data, in accordance with the provisions of this Act and its enforcement orders;
2. shall have authorized third parties to access the network, or to have made third parties, in any other manner, to become aware of or make use of data from the network, if such third parties could not make such acts themselves or have them laid down on the basis of the provisions of this Act, its enforcement orders or the relevant rules bank.
Art. 38. shall be punished by imprisonment from eight days to six months and by a fine of one hundred euros to five thousand euros or by one of these penalties only, those who have received, regularly or not, consultation or communication of data and knowingly used it for purposes other than those provided by or under this Act.
Art. 39. Will be punished by imprisonment from three months to one year and a fine of two hundred euros to ten thousand euros or one of these penalties only:
1. those who, contrary to the provisions of Article 17, will not have respected the confidential nature of the data in the collection, consultation, communication, use or other data processing;
2. persons, their attendants or agents, appointed by the King, on the basis of Article 18, to prevent access to data and data banks or to destroy or destroy them, which intentionally will not have carried out their mission or will have carried out it without respecting the conditions and the terms and conditions provided.
Art. 40. In the event of a breach of a provision of this Act or its enforcement orders within three years of the final correctional decision, the penalty may be increased to a maximum of double.
Art. 41. Public action will be prescribed by three years from the day the offence was committed.
Art. 42. The sentence will be prescribed for three years, from the date of the judgment or judgment rendered as a last resort, or from the day on which the judgment rendered in the first instance will no longer be attacked by the appeal.
Art. 43. Without prejudice to the provisions of sections 40, 41 and 42, all the provisions of Book 1 of the Criminal Code, including Chapter 7 and Article 85, but except Chapter 5 and Article 92, shall apply to the offences provided for in this Act.
CHAPTER 7. - Transitional and final provisions
Art. 44. The King may, by order deliberately in the Council of Ministers, settle the tasks of the bodies referred to in Chapter 5, as well as the subsequent modalities of collaboration between the federal integrator and the participating public services.
Art. 45. § 1^er. The King repeals, completes, amends or replaces, by order deliberately in the Council of Ministers, the existing legal and regulatory provisions so that the text of the latter is in accordance with the provisions of this Act.
§ 2. The draft of the Royal Decree referred to in § 1^er will be submitted for advice to the Service Integrators Committee, referred to in section 30.
§ 3. Orders taken in accordance with § 1^er and § 2 cease to produce their effects at the end of the thirteenth month following their entry into force, if they have not been confirmed by law before that date.
Art. 46. Under the conditions and terms and conditions it determines, the King may, by order deliberately in the Council of Ministers on the proposal of the Committee for Consultation of Service Integrators and after the advice of the Commission on the Protection of Privacy, extend the whole or part of the rights and obligations arising out of this Act and its enforcement measures to persons or other than participating public services. Such an extension of rights and obligations may not relate to tasks within the operating area of another service integrator.
Art. 47. The King shall determine, by order deliberately in the Council of Ministers, for each of the provisions of this Act, the date of entry into force.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given at Châteauneuf-de-Grasse, August 15, 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister of Finance
and Sustainable Development, Public Service
S. VANACKERE
The Minister of Justice,
Ms. A. TURTELBOOM
State Secretary to 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) Session 2011-2012.
House of Representatives:
Documents. - Bill No. 53-2223-1. - Report, no. 53-2223-2. - Text corrected by the commission, no. 53-2223-3. - Text adopted in plenary and transmitted to the Senate, No. 53-2223-4.
Full report: June 28, 2012.
Senate:
Documents. - Project not referred to by the Senate, No. 5-1687-1.