15 MAI 2007. - An Act to entrust to the Sectoral Committee of the National Register the authority to authorize access to information in the waiting register and identity card register (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In section 2, 3°, of the Act of 8 August 1983 organising a National Register of Physical Persons, as amended by the Act of 24 May 1994, the words "registers of the population and identity cards" are replaced by the words "registers of the population, identity cards, foreign cards and residence documents".
Art. 3. The following amendments are made to section 5 of the Act:
1° in paragraph 1^er, the sentence preceding the enumeration is replaced as follows:
"The authorization to access the information referred to in Article 3, paragraph 1^er and 2, of this Act or of obtaining communication, and authorization to access information relating to foreigners registered in the waiting register referred to in section 1^er§ 1^erParagraph 1^er, 2°, of the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, are granted by the Sectoral Committee of the National Register established by Article 15. »;
2° paragraph 2 is replaced by the following paragraph:
"The Sectoral Committee considers whether the purposes for which access to data from the National Register of Physical Persons or the communication of some of these data has been requested, and whether the purposes for which access to data from the waiting register has been requested are determined, explicit and legitimate, and, where applicable, whether the data from the National Register or the waiting register requested are adequate, relevant and not excessive in relation to these final data. »;
3° Paragraph 6 is repealed.
Art. 4. In section 7, paragraph 2, of the Act, as amended by the Act of 22 December 2003, replace the words "registers of the population and identity cards" with the words "registers of the population, identity cards, foreign cards and residence documents".
Art. 5. In section 9 of the Act, replaced by the Act of March 25, 2003, the following amendments are made:
1° replace the words "the producer of the identity card, the personnalizer of the identity card and the initializer of the identity card" with the words "the producer of the card, the personnalizer of the card and the initializer of the card";
2° the words "registers of the population and identity cards" are replaced by the words "registers of the population, identity cards, foreign cards and residence documents".
Art. 6. In section 16 of the Act, inserted by the Act of 25 March 2003, the following amendments are made:
1° to paragraph 1^er, 2°, 5° and 8°, the words "registers of the population and identity cards" are each replaced by the words "registers of the population, identity cards, foreign cards and residence documents";
2° to paragraph 1^er, 7°, the words "identity cards" are replaced by the words "cards";
3° to paragraph 1^er8°, the words "of the identity card" are replaced by the words "of the card";
4° to paragraph 1^er11°, the words "of the identity card" are replaced by the words "of the card";
5° paragraph 1^er is completed as follows:
"14° grant permission to access information in the waiting register referred to in section 1^er§ 1^erParagraph 1^er, 2°, of the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, in accordance with Article 5;
15° grant permission to access information in the identity card registry referred to in 6bis, § 1^er, of the Act of 19 July 1991 relating to the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, in accordance with Article 6bis, § 3, of that Act. »;
6° in paragraph 2, the words "at 1° and 12°" are replaced by the words "at 1°, 12°, 14° and 15°".
Art. 7. In the title of the Act of 19 July 1991 on registers of the population and identity cards and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, the words "registers of the population and identity cards" are replaced by the words "registers of the population, identity cards, foreign cards and residence documents".
Art. 8. The title of Chapter 1 of the above-mentioned Act is replaced as follows:
CHAPTER I^er. - Population registers, identity cards, foreign cards and residence documents."
Art. 9. Article 1^er§ 1^er the same Act, as amended by the Acts of 24 May 1994 and 24 January 1997, the following amendments are made:
1st paragraph 1^er, 1°, is replaced as follows:
"1° of the registers of the population in which they are registered at the place where they have established their principal residence, whether they are present there or are temporarily absent from it, the Belgians and foreigners admitted or allowed to stay more than three months in the Kingdom, allowed to settle there, or the foreigners registered for another reason in accordance with the provisions of the law of 15 December 1980 on access to the territory, residence, establishment and exception »;
2° to paragraph 1^er, 2°, replace the words "who declare themselves refugees or ask for recognition of refugee status" with the words "who introduces a refugee claim";
3° in paragraph 2, replace the words "who has declared himself a refugee or has requested recognition of the refugee status" with the words "who has filed an asylum application".
Art. 10. Article 1^erbis of the same Act, inserted by the Act of 24 May 1994, the following amendments are made:
1° in paragraph 2, 3°, the words "refugee quality has been recognized to them" are replaced by the words "refugee status has been recognized or subsidiary protection status has been granted to them";
2° in paragraph 2, 4°, the words "recognized refugee" are replaced by the words "refugee or benefiting from subsidiary protection".
Art. 11. In section 6 of the Act, amended by the Acts of 25 March 2003, 5 August 2003 and 9 July 2004, the following amendments are made:
1° replace § 1^erParagraph 1^eras follows:
"The commune gives Belgians an identity card, to foreigners admitted or allowed to stay more than three months in the Kingdom or allowed to settle there, a foreign map, and to foreigners registered for another reason in accordance with the provisions of the law of 15 December 1980 on access to territory, residence, establishment and removal of foreigners, a residence document. The identity card, the foreign card and the residence document are valid certificate of registration in the registers of the population. »
2° to § 1^er, paragraph 2, the words "issue of identity cards" are replaced by the words "issue of identity cards and foreign cards"; at 1° the words "on the identity card" are replaced by the words "on the identity card and on the foreign card"; at 3°, the words "Identity Card Register" are replaced by the words "Identity Card Register and the Foreign Card Register";
3° to § 1^er, paragraph 3, the words "issue of identity cards" are replaced by "issue of identity cards and foreign cards";
4° § 1^erParagraph 5 is replaced as follows:
"At the front of the identity card referred to in paragraph 1^er, the words "Belgium" and "identity card" are displayed in the upper part of it;
5° § 1^er, is supplemented by paragraph 8, which reads as follows:
"The model of the foreign map and residence document is determined in accordance with the provisions of the Act of 15 December 1980 on access to territory, residence, establishment and removal of foreigners. » ;
6° to § 2, paragraph 1^er, replace the words "The identity card contains" with the words "The identity card and the foreign card contain";
7° in § 4, the words "the identity card" are replaced by the words "the card";
8° in § 5, the words "electronic identity card" are replaced by the words "electronic card";
9° in § 6, the words "The identity card" are replaced by the words "The electronic card";
10° in § 7, the words "the identity card" are replaced each time by the words "the card";
11° to § 8, replace the words "in the manufacture of identity cards" with the words "in the manufacture of cards";
12° replace § 9 as follows:
“§ 9. The King may, after notice of the Sectoral Committee of the National Register referred to in Article 15 of the Act of 8 August 1983 organizing a National Register of Physical Persons, extend the application of the provisions of §§ 1^er 8 to the residence documents. »
Art. 12. In section 6bis of the Act, as amended by the Act of 25 March 2003, the following amendments are made:
1° to § 1^er, the words "central file of identity cards. This file bears the name "Identity Card Registry" and contains the following data:" are replaced by the words "Central Identity Card File and a Central Foreign Card File. These files bear the name "Register of ID cards" and "Register of foreign cards" respectively and each contains the following data:"
2° § 1^er, 1°, is replaced by the following text:
"1° for each holder: the identification number of the National Register of Physical Persons, the photo of the holder corresponding to that of the last card, the language requested for the issuance of the card and the order number of the card";
3° to § 1^er, 2°, the words "identity card" are replaced each time by the word "card".
4° § 1^er, 2°, is completed as follows:
"(j) other mentions, imposed by law. »;
5° in § 2, the words "identity cards" are replaced by the words "cards"
6° § 3 is replaced by the following provision:
Ҥ3. The authorization to access the Register of Identity Cards and the Register of Foreign Cards is granted by the Sectoral Committee of the National Register established by Article 15 of the Act of 8 August 1983 organizing a National Register of Natural Persons, to the Belgian public authorities, for the information they are entitled to know under a law, decree or order.
The Sectoral Committee considers whether the purposes for which access to data from the Register of Identity Cards and the Register of Foreign Cards has been requested are determined, explicit and legitimate, and if so, whether the data from the Register of Identity Cards and the Register of Foreign Cards requested are adequate, relevant and not excessive in relation to these purposes.
Before giving its authorization, the Sectoral Committee shall verify whether access is made in accordance with this Act, the Privacy Protection Act of 8 December 1992 with respect to personal data processing and their enforcement orders, as well as other relevant privacy protection standards or personal data.
Within thirty days of its decision, the Sectoral Committee shall send a copy of the decision to the Minister of Interior and the Minister of Justice. »;
7° it is inserted a § 4, written as follows:
“§4. The King may extend the application of the provisions of §§ 1^er to 3 in residence documents. »
Art. 13. In section 6ter of the Act, inserted by the Act of 25 March 2003, the following amendments are made:
1° the words "the identity card" are replaced each time by the words "the card";
2° Paragraph 4 is replaced as follows: "The King sets out the detailed regulation of the operation of the helpdesk, the suspension or withdrawal of the lost, stolen or destroyed card, and the loss, theft or the destruction of the card or residence document. »
Art. 14. In section 6quinquies of the Act, inserted by the Act of 25 March 2003, the following amendments are made:
1° the word "identity card" is replaced by the words "the card and can extend it to the residence documents";
2° in the Dutch version, the word "identiteitskaart" is replaced by the word "Kaart".
Art. 15. In section 8, § 2, of the same law, the words "the identity card" are replaced by the words "the identity card, the foreign card or the residence document".
Art. 16. § 1^er. Royal orders that have authorized access to the waiting register and the identity card register before the coming into force of this Act remain in effect after this entry into force.
§ 2. Requests for access to the suspense register and the identity card registry that are pending at the time this Act comes into force are processed by the Sectoral Committee of the National Register.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on May 5, 2007.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
The Minister of Justice,
Ms. L. ONKELINX
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
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Notes
(1) Regular session 2006-2007:
House of Representatives.
Parliamentary documents. - Bill No. 2937/1. - Amendments, No. 2937/2-3. - Report, no. 2937/4 - Text adopted by the commission, no. 2937/5. - Text adopted in plenary and transmitted to the Senate, No. 2937/6.
Full report: 24 and 25 April 2007.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 3-2431/1. - Report, no. 3-2431/2. - Decision not to amend, No. 3-2431/3.
Annales of the Senate: April 26, 2007.