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21 MARCH 2007. - Act regulating the installation and use of surveillance cameras (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.
CHAPTER I^er. - Definitions
Art. 2. For the purposes of this Act:
1° open place: any place not delimited by a speaker and freely accessible to the public;
2° Place closed accessible to the public: any building or place closed for public use, where services may be provided to the public;
3° closed place not accessible to the public: any building or closed place intended solely for the use of the usual users;
4° surveillance camera: any fixed or mobile observation system whose purpose is to prevent, detect or detect offences against persons or property or nuisance within the meaning of section 135 of the new communal law, or to maintain order, and which, for this purpose, collect, process or safeguard images;
5° responsible for processing: the natural or legal person, the de facto association or public administration that, alone or in conjunction with others, determines the purposes and means of processing personal data;
6° the Act of 8 December 1992: the Act of 8 December 1992 on the protection of privacy with regard to personal data processing.
CHAPTER II. - Scope and relationship with other legislation
Art. 3. This Act applies to the installation and use of surveillance cameras in order to ensure surveillance and control in the locations referred to in section 2.
However, this Act does not apply to the installation and use of surveillance cameras:
regulated by or under specific legislation;
To ensure, at the workplace, safety and health, the protection of the property of the company, the control of the production process and the control of the work of the worker.
Art. 4. The Act of 8 December 1992 is applicable except in cases where this Act expressly contains a contrary provision.
CHAPTER III. - Conditions under which the installation and use of cameras are permitted
Art. 5. § 1^er. The decision to install one or more surveillance cameras in an open location is taken by the controller.
§ 2. The decision referred to in § 1^er is taken after the positive opinion of the communal council of the commune where the place is located and that of the body chief of the police area where it is located.
The second notice attests that a safety and efficiency study has been conducted and that the facility is consistent with the principles defined in the Act of 8 December 1992.
§ 3. The controller shall notify the decision referred to in § 1^er the Privacy Commission. It does so no later than the day before the day of the commissioning of the surveillance camera(s).
The King, after the advice of the Privacy Commission, defines the form and content of the standard form that is completed on this occasion as well as the procedure for transmitting this form to the Privacy Commission.
The controller appears at the entrance of the open place, a pictogram signaling the existence of a camera surveillance. After taking the opinion of the Privacy Commission, the King determines the model of this pictogram and the information to be included in it.
The controller shall ensure that the surveillance camera(s) is not directed specifically to a place for which it does not treat the data itself, unless expressly agreed by the controller for the place in question.
§ 4. The viewing of real-time images is permitted only under the control of the competent authorities and with the aim of allowing the police to intervene immediately in the event of an offence, injury or breach of public order and to guide these services at best in their intervention.
A royal decree deliberated in the Council of Ministers, whose draft is submitted for advice to the Commission on the Protection of Privacy, determines the conditions to which persons who may be authorized to practice visioning must satisfy. It designates these persons, who act under the control of the police.
The recording of images is only authorized for the purpose of gathering evidence of offences or damage generators, searching and identifying the perpetrator of the facts, a disruptor, a witness or a victim.
If the images cannot help to prove an offence or injury or can not identify a perpetrator, a disruptor, a witness or a victim, they cannot be retained for more than one month.
Art. 6. § 1^er. The decision to install one or more surveillance cameras in a closed location accessible to the public is taken by the controller.
§ 2. The controller shall notify the decision referred to in § 1^er to the Commission for the Protection of Privacy and the head of the police area where the place is located. It does so no later than the day before the day of the commissioning of the surveillance camera(s).
The King, after the advice of the Privacy Commission, defines the form and content of the standard form that is completed on this occasion as well as the procedure for transmitting this form to the Privacy Commission and to the Head of the Police Area where the place is located. This form certifies that the use of the camera(s) is consistent with the principles defined in the Act of 8 December 1992.
The controller of the treatment appears at the entrance of the closed place accessible to the public, a pictogram signaling the existence of a camera surveillance. After taking the opinion of the Privacy Commission, the King determines the model of this pictogram and the information to be included in it.
The controller ensures that the surveillance camera(s) are not directed specifically to a place for which it does not treat the data itself.
§ 3. Real-time image viewing is only allowed in order to allow immediate intervention in the event of an offence, injury or breach of public order.
The recording of images is only authorized for the purpose of gathering evidence of offences or damage generators, searching and identifying the perpetrator of the facts, a disruptor, a witness or a victim.
If the images cannot help to prove an offence or injury or can not identify a perpetrator, a disruptor, a witness or a victim, they cannot be retained for more than one month.
Art. 7. § 1^er. The decision to install one or more surveillance cameras in a closed location not accessible to the public is taken by the controller.
§ 2. The controller shall notify the decision referred to in § 1^er to the Commission for the Protection of Privacy and the head of the police area where the place is located. It does so no later than the day before the day of the commissioning of the surveillance camera(s).
The King, after the advice of the Privacy Commission, defines the form and content of the standard form that is completed on this occasion as well as the procedure for transmitting this form to the Privacy Commission and to the Head of the Police Area where the place is located. This form certifies that the use of the camera(s) is consistent with the principles defined in the Act of 8 December 1992.
The notification to the Privacy Commission and the head of the police area where the place is located shall not be made for the surveillance camera(s) that are installed and used by a natural person for personal or domestic purposes.
The controller of the treatment appears at the entrance of the closed place not accessible to the public, a pictogram signaling the existence of a camera surveillance. After taking the opinion of the Privacy Commission, the King determines the model of this pictogram and the information to be included in it.
The controller ensures that the surveillance camera(s) are not directed specifically to a place for which it does not treat the data itself. In the event of a private entrance in front of an open place or a closed place accessible to the public, the surveillance camera(s) is oriented to limit the capture of images from this place to its strict minimum.
§ 3. If the images cannot help to prove an offence or injury or can not identify a perpetrator, a disruptor, a witness or a victim, they cannot be retained for more than one month.
CHAPTER IV. - Common provisions
Art. 8. Any hidden use of surveillance cameras is prohibited.
Is considered to be hidden use, any use of surveillance cameras that has not been previously authorized by the filmed person. Entry into a place where a pictogram signals the existence of a camera surveillance is a prior authorization.
Art. 9. Only the person responsible for the treatment of closed places accessible to the public or closed places not accessible to the public or the person acting under his or her authority has access to the images.
The controller or the person acting under his or her authority shall take all necessary precautionary measures to prevent unauthorized persons from having access to the images.
Persons who have access to the images are subject to the duty of discretion with respect to the personal data provided by the images, provided that the person responsible for the processing in respect of closed places accessible to the public or closed places not accessible to the public or the person acting under his or her authority:
1° may transmit the images to the police or judicial authorities if it finds any facts that may constitute an offence and that the images may contribute to the evidence or to the identification of the perpetrators;
2° shall transmit the images to the police if they request them as part of their administrative or judicial police missions and if the images relate to the offence found. If it is a private place, the person responsible for the treatment or the person acting under his or her authority may, however, require the production of a judicial mandate in the context of an information or instruction.
Art. 10. Surveillance cameras cannot provide images that affect a person's privacy, or seek to collect information about philosophical, religious, political or trade union opinions, whether in terms of ethnic or social origin, sexual life or health status.
Art. 11. The use of certain camera surveillance applications may be prohibited or subject to additional conditions by Royal Decree deliberated in the Council of Ministers, whose project is submitted for advice to the Privacy Commission.
Art. 12. Every filmed person has a right of access to images.
It shall, for this purpose, issue a reasoned request to the controller in accordance with articles 10 et seq. of the Act of 8 December 1992.
CHAPTER V. - Criminal provisions
Art. 13. Anyone who violates articles 9 and 10 shall be punished by a fine of two hundred and fifty euros to thousand euros. Is punished with an identical fine, anyone who has an image that can reasonably assume that it was obtained in violation of sections 9 and 10.
Anyone who violates articles 5, 6, 7 and 8 shall be punished with a fine of 25 euros to 100 euros. An identical fine shall be punished, if any person has an image that he or she may reasonably assume was obtained in violation of these same articles.
CHAPTER VI. - Transitional provision
Art. 14. Surveillance cameras installed prior to the effective date of this Act will be required to comply with the provisions of this Act no later than three years from its entry into force.
Promulgate this Act, order that it be put on the State Seal and published by the Belgian Monitor.
Given in Brussels on 21 March 2007.
ALBERT
By the King:
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Note
(1) Session 2005-2006:
Senate
Documents. - 3-1734 - No. 1: Bill by MM. Noreilde, Moureaux, Vandenhove and Collas. - 3-1734 - No. 2: Opinion of the Council of State. - 3-1734 - No. 3: Opinion of the Privacy Commission. - 3-1734 - No. 4: Amendments. - 3-1734 - Number 5: Report. - 3-1734 - No. 6: Text adopted by the commission. - 3-1734 - No. 7: Text adopted in plenary meeting and transmitted to the House of Representatives.
Annales of the Senate: December 7, 2006.
House of Representatives
Documents. - Doc 51 2799/001: Project transmitted by the Senate. - 002 to 004: Amendments. - 005: Report. - 006: Text adopted in plenary and subject to Royal Assent.
See also:
Full record: 1^er March 2007.