Act Provisions Relating To The Processing Of Data Carried Out By The Service Personal Federal Public Finance Its Missions

Original Language Title: Loi portant dispositions relatives aux traitements de données à caractère personnel réalisés par le Service public fédéral Finances dans le cadre de ses missions

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Posted the: 2012-08-24 Numac: 2012003257 SERVICE PUBLIC FÉDÉRAL FINANCES 3 August 2012. -Law concerning provisions relating to the processing of data personal made by the federal public Service finance its missions of 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.
CHAPTER 2. -Provisions relating to the processing of personal data carried out by the Service federal public finance its missions of Section 1. -The head of treatment s.
2. the Service federal public finance is the responsible of the treatment of personal data referred to in this chapter.
Section 2. -Aims of the processing of data personal art.
3. the federal public Service Finance collects and processes personal data in order to carry out its statutory tasks.
The data can be used by the Service public federal Finance purposes other than the performance of its legal tasks.
The federal public Service Finance may, in respect of article 4, further processing for the execution of another legal mission any personal data collected legitimately in the context of the execution of one of its other tasks.
Section 3. -Internal Exchange of data art. 4. Governments and, or services of the federal public Service Finance exchange of personal data on an internal instance service authorization federal public finance designated by royal decree after the opinion of the sectoral Committee for the federal authority.
This instance decides what kinds of personal data can be the subject of an exchange between administrations and, or services of the federal public Service Finance, systematic or ad hoc manner and for the execution of specified purposes, after checking their adequate, relevant and non-excessive nature.
It adopts a regulation describing the process of request for access to personal data held by an administration on the one hand and, or federal public service finance and on the other hand, the procedure according to which this exchange takes place. This regulation is approved by the King, after notice of the sectoral Committee for the federal authority.
It may first seek the advice of the sectoral Committee for federal authority over any data processing application that is submitted and that the Committee is competent.
Section 4. -Processing particular art. 5 § 1.
The federal public Service Finance may also make the aggregation of data collected pursuant to article 3 for the creation of a data warehouse which should allow its services on the one hand, to carry out checks focused on the basis of indicators of risk and perform analysis on relational data from jurisdictions and, or services Service public federal Finance.
§ 2. Any category of data communicated to the datawarehouse is under authorization of the sectoral Committee for the federal authority.
It shall in particular that treatment intervention, when possible, on data coded personal and what decoding intervenes when there is a risk of commission of an offence under an act or regulation administered missions of Service federal public finance.
A royal decree deliberate in Council of Ministers, after consultation with the Commission for the protection of privacy, determines cases where an exchange of personal data requires no permission of the sectoral Committee for the federal authority.
Section 5. -External exchanges of data art. 6 § 1. The federal public Service finance not electronically communicates to another public service or a legal person of public law of the data personal authorization Committee for the federal authority or the community or regional authority competent.
A royal decree deliberate in Council of Ministers, after consultation with the Commission for the protection of privacy, determines cases where an exchange of personal data requires no permission of the sectoral Committee for the federal authority.

§ 2. The federal public Service Finance receives electronically the personal data of a public service or a legal person of public law in the performance of its statutory missions and after approval of the sectoral Committee or the community or regional authority competent.
When these external data are used for the purpose referred to in article 5, the authorization of the relevant sectoral Committee must provide that the Exchange is authorized for this purpose.

§ 3. Agents of the federal public Service Finance remain in the exercise of their functions within the meaning of section 337 of the 1992 income tax Code, article 93bis from the Code of the tax on the added value of article 236bis of the Code of registration fees, mortgage and registry, article 146bis of the Code of inheritance, of article 212 of the Code of duties and taxes various and article 320 of the General Law on Customs and excise duty when they communicate information, under authorization of the sectoral Committee. The recipients of these data are also held to professional secrecy and cannot use data in the performance of their legal duties or permissions of relevant sectoral committees.
Section 6. -Institution of competent management art. 7. in the exchange of data referred to in article 5 and article 6 § 1, the federal public Service of Information and Communication technology makes the legal and technical advice referred to in section 31bis, § 3, and 36A of Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data after consultation with the Service federal public finance.
The institution's management of the relevant sectoral Committee for the instance that provides the data makes the legal and technical advice in the cases referred to in article 6, § 2.
Section 7. -Security service Information and privacy privacy article 8 § 1. It is created within the federal public Service Finance, an Information and Protection of Privacy Security Service which is under the direct authority of the president of the Committee of management of the Service public federal Finance.
This service is responsible: a) to ensure the application of the regulations for the protection of the private life of this act as well as its implementing measures;
(b) to verify, prior to the decision of the controller, that the conditions for application of the exception referred to in article 3, § 7, of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data are fulfilled;
(c) make the opinions when the federal public Service Finance is consulted in accordance with article 7.
This service also has a function of Council, stimulation, documentation and internal audit at the level of the protection of privacy.
It can also file a complaint directly with the sectoral Committee for the federal authority when there is a risk of commission of an offence under an act or regulations whose enforcement is governed by the missions of the Service public federal Finance.
§ 2. The King determines by deliberate order in Council of Ministers, following the opinion of the Committee on the protection of privacy, the composition and mode of operation of this service, as well as the status of the members which consists.
Section 8. -Service of surveillance art. 9 § 1.
It is created within the federal public Service Finance, a service to prepare technically the exchanges of personal data. This service also ensures compliance with the technical level of these exchanges of personal data with this Act, the regulations, the authorisations of the competent authorities and the decisions of the controller. This service is placed under the direct authority of the president of the Committee of management of the Service public federal Finance.

§ 2. The King determines by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of privacy, the composition and mode of operation of this service.
Section 9. -Permission to access data art. 10 § 1. Agents of the federal public Service Finance and members of staff of third parties duly authorized access to files, data and electronic applications only insofar as this access is adequate, relevant and not excessive with regard to the execution of the tasks assigned to them in the context of such missions as defined in articles 3 and 5.
§ 2. The right of access is granted individually and personally on basis of a profile. It may not be transferred. Each network user internal to the federal public Service finance a personal account is assigned, is personally responsible for its use.
§ 3. Any access to any files, data or electronic applications subject to verification by the management system of the identity of the person seeking access and correspondence defined profile.
§ 4.
Each access or attempt to access any files, data or applications is the subject of a registration

automated content and shelf life shall be determined by an internal regulation submitted for an opinion to the sectoral Committee for the federal authority.
The service referred to in article 8 periodically controls the access and access attempts to detect security incidents.
Section 10.
-Right of information, access and correction article 11. There shall be inserted in article 3 of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, replaced by the law of 11 December 1998 and amended by the law of July 10, 2006, a § 7 worded as follows: ' 7. articles 9, § 2. , 10 and 12 shall not apply to the processing of personal data managed by the federal public Service Finance during the period in which the person concerned is the subject of a control or an investigation or acts preparatory to these carried out by the Service federal public finance in the performance of its statutory missions.
When the federal public Service Finance has made use of such exception as determined in the first paragraph, the rule of the exception is thrown immediately after the closing of the control or the investigation. Information Security and Privacy Protection Service shall inform the taxpayer concerned without delay. ».
Section 11. -Entry into force art.
12 this Act comes into force on January 1, 2013.
The King may set a date of entry into force earlier than referred to in paragraph 1.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Chateauneuf-de-Grasse, August 3, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of finance, S. VANACKERE. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note Documents of the Chamber of representatives: 53-2343-2011/2012: No. 1: Bill.
No. 2: amendments.
No. 3: report.
No. 4: Text corrected by the commission.
No. 5: Text adopted in plenary meeting and transmitted to the Senate.
Full report: July 18, 2012.
The Senate documents: 5-1765-2011/2012: No. 1: project referred by the Senate.
No. 2: report.
No. 3: Decision not to amend.
Annals of the Senate: July 19, 2012.

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