Posted the: 2006-04-21 Numac: 2006011161 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy March 22, 2006. -Act to amend the law of 4 July 1962 on official statistics and the law of 8 August 1983 organising a national register of natural persons (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Provisions General Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in the official statistics act of July 4, 1962, amended by laws of the August 1, 1985, 21 December 1994 and 2 January 2001, it is inserted, before Chapter I, which became chapter Ierbis, a new first chapter, comprising articles 1 to 1erquater, worded as follows: 'chapter I:.
-General provisions art. 3. an article 1, worded as follows, be inserted new section 1 of the Act: «art.» 1.-for the purposes of this Act, shall mean: 1 ° «statistics»: information quantitative or qualitative, aggregated or not, from the collection and systematic processing of data;
2 ° "statistics": set of methods and techniques used to collect and transform the data and use them to draw conclusions about the population of research;
3 ° 'data': the results of the observation of the characteristics or attributes of statistical units, optionally followed by a series of corrections;
4 ° "personal data": any information relating to a statistical unit identified or identifiable; shall be deemed identifiable a statistical unit that can be identified, directly or indirectly;
5 ° "personal data": any information relating to an individual identified or identifiable;
shall be deemed identifiable persons who can be identified, directly or indirectly;
6 ° "secondary data collection": the process which is to collect from a public or private body a total or partial copy of documents or data files prepared by this organization, so that the national Institute of statistics can use them as part of the mission which he is by this Act;
7 ° "primary data collection": the process that involves collecting data either directly from the persons concerned ('direct' primary collection), or from people who respond to their place ('indirect' primary collection), or by "direct observation";
8 ° "statistical unit": a unit of observation or measurement for which data are collected or derived.
9 ° "certification": procedure by which the national statistical Institute certifies that the method used to establish a specific statistic complies with the requirements specified;
10 ° "statistical production": the process that encompasses all the activities necessary to the collection, storage, processing, compilation, analysis and dissemination of statistical information;
«11 °"coded study data": data that cannot be related to an identified or identifiable person only through a code;
12 ° "information study": the information that will be used to establish statistical results;
13 ° 'logical key': the concordance file composed of arbitrary code that was given to the identification data, complemented by identification data;
14 ° "encryption": technique which consists in transforming the data that would allow an identification by means of a secret held key;
15 ° "interference": technique which consists in corrupting the data in a random way, which makes them individually insignificant but which, by compensation, preserves the entire study population structures;
16 ° "impartiality": an objective and independent to produce statistics, free from any pressure from political groups and other interest groups, particularly as regards the selection of techniques, definitions and methodologies best suited to the attainment objectives. » Art. 4 article 1bis, worded as follows, shall be inserted in the Act: «art.» 1erbis. - statistics are governed by the following principles: 1 ° principle of lawfulness and fairness: a) the collection and processing of data are based on a legal or regulatory basis either on the consent of the declarant within the meaning of article 1, § 8, of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data subject to the special provisions provided for in this Act;
(b) the fair collection assumes the right information from the notifier about the collection and the processing of the data. The declarant shall have the right to obtain information about the legal basis, the purpose of the collection and the protection measures adopted;
2 ° principle of purpose: a) individual data are used exclusively for statistical purposes unless the declarant has unequivocal, given consent to that data are used for other purposes;
(b) the data collected for a given statistical purpose cannot be used for other statistical purposes than if these are compatible with the original statistical purpose;
(c) the data collected and processed for statistical purposes may not be used to supplement or correct the data files to no purpose, including administrative.
(d) no decision object or affect the individual situation of the declarant cannot be taken on basis of the individual data collected on the occasion of the realisation of a statistic;
3 ° principle of proportionality: has) when choosing the method of collection, priority is given to the secondary collection compared to the primary collection. In any event, the collection will operate by poll rather than a comprehensive collection and voluntary surveys are preferred over compulsory surveys;
(b) the data are adequate, relevant and not excessive with regard to the statistical purpose determined, that is, the collection and processing of data are limited to only data necessary for statistical purposes;
4 ° principle of impartiality, objectivity and professional independence: a) statistics should be produced and disseminated in respect of scientific independence and an objective, professional and transparent placing all users on an equal footing;
(b) the production and dissemination of statistics should be carried out by an organization that has a professional independence in respect also many other services and political, regulatory or administrative agencies as the private sector operators. » Art. 5 article 1B, worded as follows, shall be inserted in the Act: «art.» 1B.-statistical confidentiality means that data related to single statistical units which are obtained directly for statistical purposes or indirectly from administrative sources or other are protected against violations of the right to privacy. This implies that any non-statistical use of data and any unauthorized disclosure are prohibited. » Art.
6. an article 1erquater, worded as follows, shall be inserted in the Act: «art.» 1erquater. - the processing of personal data, under this Act, are subject to the Act of 8 December 1992 on the protection of privacy with respect to the processing of data personal and its implementation orders. » Art.
7. article 1 of the same Act, as amended by the Act of 1 August 1985, becomes article 1erquinquies, on the understanding that in this article, the words "economic and social" are replaced by the words "economic, social, ecological and technological.
8 A article 3, paragraph 1, of the Act, the words "in pursuance of article 1 of this Act" are replaced by the words "pursuant to article 1erquinquies of this law.
S. 9 section 4 of the Act, the words "execution articles 1" and 3 of this Act are replaced by the words "pursuant to articles 1erquinquies and 3 of this Act.
CHAPTER II. -Secondary treatments for statistical purpose art. 10. the title of chapter III of the Act is replaced by the following: "secondary treatments for statistical purpose.
S. 11. article 9 of the same Act, replaced by the law of January 2, 2001, is replaced by the following: «art.» 9. - the national Institute of statistics may, based on the data collected during its investigations and data from administrative records, create and maintain databases.
To this end, the national Institute of statistics may, in the conditions laid down under article 17quater, § 2, access to data held by all public authorities and administrations. » Art. 12A article 12, § 1, of the same law, replaced by the Act of 1 August 1985, the words "by or under the chapters I, II and III", are replaced by the words "by or under sections Ierbis and (III)".
CHAPTER III. -Certification article 13. in the same Act, amended by laws of the August 1, 1985, 21 December 1994 and 2 January 2001, inserted a chapter
IVA, comprising articles 13, repealed by the Act of 1 August 1985 and restored in the following wording and 13bis, worded as follows: ' chapter IVA. -Certification article
13 - the King fixed after consultation with the Board of Governors of statistics, the conditions under which the national Institute of statistics can certify the methods used by with agencies or non legal personality to produce statistics within the meaning of this Act, when they meet at least the following conditions: 1 ° ensuring impartiality and independence.
2 ° comply with scientific methods;
3 ° based on criteria of reliability and precision;
4 ° comply with the principles of purpose, proportionality, legality and loyalty as defined in article 1bis of the Act;
5 ° ensure statistical confidentiality as provided for in article 1B of this Act;
6 ° ensure timeliness and punctuality of the statistics, which implies, on the one hand, that the time interval between the reference period and the time where the statistical information is available must be reasonable and, secondly, that when statistical information is available corresponds to the dates limits;
7 ° ensure enhancing comparability and coherence of statistics using such concepts and classifications recognized as well as sources which may be used in conjunction.
8 ° be based on clarity and accessibility criteria for the presentation of statistics, information and explanation of the methodology used and the availability of the results;
9 ° to ensure free access to individual data at the national Institute of statistics. » Art. 14. an article 13bis, worded as follows, shall be inserted in the Act: 'Art.13bis. -Are certified of right, for the execution of the tasks laid down in article 109 of the law of 21 December 1994 laying down provisions social and diverse, the methods of the Institute of national accounts and bodies referred to in this article. ' CHAPTER IV. -Coordination of official statistics s. 15 in article 14 of the same Act, replaced by the Act of 1 August 1985 and amended by the law of 21 December 1994, the following changes are made: 1 ° the § 1 is replaced by the following provision: «§ 1.» It is created, with the national statistical Institute, a Coordinating Committee to coordinate statistical different services and public institutions, Government programmes and follow-up in order to improve efficiency and quality, to ease the burden of global response so to meet the deadlines to fulfil European and international.
In this forum, there's place to prepare a multiannual statistical programme integrated, including an inventory of current statistical production and needs in statistics, ensuring follow-up and update it periodically according to the changing information needs of the different authorities and international reporting obligations. This coordination Committee issues opinions on the positions that the Belgium takes in international meetings on the compilation of statistics on the areas of competence of the regions and communities. »;
2 ° § 2 is replaced by the following provision: "§ § 2 2» The King regulates the composition of the coordination committee.
This includes at least one representative of the Higher Council for statistics, the national Institute of statistics, the National Bank of Belgium and the federal Planning Bureau. The regions and communities may each appoint a representative. ».
S. 16. the title of Chapter VI of the Act, as amended by the Act of 1 August 1985, is replaced by the following heading: 'provisions derogating from articles 2 and 12.
S. 17. article 15 of the Act, as amended by the Act of 1 August 1985, is replaced by the following provision: «art.» 15. - without prejudice to rules governing the communication of data to institutions to which statistical confidentiality applies right under a legal provision, the national statistical Institute shall, after approval of the Committee of statistical monitoring and subject to a confidentiality agreement approved by the same Committee, communicate coded study data: 1 ° to the federal public services or agencies of public interest submitted to the authority the power of control or supervision of the State, excluding tax administrations;
2 ° to departmental regional and community, the public interest organizations submitted to the authority, the power to control or trusteeship of the regions or communities or the Brussels institutions referred to in article 60 of the Special Act of 12 January 1989, excluding tax administrations;
3 ° to the provincial or communal, excluding tax services;
4 ° to persons or entities pursuing an aim of scientific research when an appropriate application, accompanied by a specific research project, responding to scientific date standards, including a sufficiently detailed data series enumeration to consult, describing the methods of analysis and includes an estimate of the time required.
The study data under a contract of confidentiality may not be communicated to third parties or used for other statistical purposes than those determined by the contract of confidentiality.
The statistical Supervisory Committee will authorize the communication of these data study if this communication is part of the statistical objectives which are the subject of the confidentiality agreement.
The characteristics that help identify the declarant are deleted and equipped with a code, before being notified, so the head of research can not reasonably identify the registrant using these data. » Art. 18. in the same Act, amended by laws of the August 1, 1985, 21 December 1994 and 2 January 2001, inserted an article 15a as follows: «art.» 15A. - confidentiality agreement lays down the conditions of transmission by the national Institute of statistics and the use of the data by the third party.
It includes: 1 ° the commitment of one-third do not transmit the data received to another user, except with the agreement of the national Institute of statistics which will contact this new user with whom he will establish a confidentiality contract.
2 ° the obligation of the third party to ensure the protection and security of data and what the individual data cannot be identified indirectly through the results published;
3 ° the controls to which the third party;
4 ° the penalties for violation by the third party of its contractual obligations. Sanctions may consist of the unilateral termination of the contract and claim damages;
5 ° the duration of the confidentiality agreement. » Art. 19. in the title of Chapter VII of the Act, as amended by the Act of 1 August 1985, "investigations referred to in chapters I to IV" shall be replaced by the words 'investigations covered by chapters Ierbis in IVA.
S. 20. at article 16 of the same Act, as amended by the Act of 1 August 1985, the following changes are made: 1 ° to the paragraph 1, the words "in chapters I, II and III" shall be replaced by the words "in chapters Ierbis and III '.
2 ° in paragraph 3, "of chapters I to III" shall be replaced by the words "of chapters IVA Ierbis";
3 ° to paragraph 4, the words "carried out by the intervention of the national Institute of statistics" shall be replaced by the words "carried out by the intervention of the national Institute of statistics or a body which the method has been certified by the national Institute of statistics by virtue of article 13".
Chapter V. - Privacy art. 21. a § 1bis, comprising articles 17 to 17septies and as follows shall be inserted in Chapter VII of the Act, as amended by law of August 1, 1985 and December 21, 1994: "§ 1bis.» -The data protection requirements.
» Art. 22. article 17 of the Act is replaced by the following provision: «art.» 17 - when the collection of individual data is necessary, their protection is achieved upon receipt, separately keeping identification data or data auxiliary data used for statistics.
This separation may be delayed, after notice of the Higher Council for statistics, if the nature of the statistical treatment requires you to initiate pairing operations or other operations treatment, provided that the safeguard measures are taken in accordance with the written instructions of the protection officer data.
» Art. 23 article 17A, worded as follows, shall be inserted in the Act: «art.» 17A. - study data are encoded so as to not allow to identify the registrant through a code. » Art. 24. an article 17ter, worded as follows, shall be inserted in the Act: «art.» 17ter. - the individual data collected and processed for statistical purposes are destroyed or erased when they are no longer needed for these purposes.
The individual data of the respondents cannot be maintained beyond the end of the control
of the statistical survey for which the application of these data was made. » Art. 25. an article 17quater, worded as follows, shall be inserted in the Act: «art.» 17quater. - § 1. The national Institute of statistics takes all necessary measures to ensure the physical and logical protection of individual data by preventing any risk of unlawful disclosure or use for purposes other than statistics.
The King fixed, after the opinion of the Committee of statistical monitoring, regulatory, administrative, technical and organizational terms specific to ensure compliance with the requirements relating to the protection of individual data to personal or individual entities and statistical confidentiality.
§ 2. The King fixed, after the opinion of the statistical Supervisory Committee, the conditions under which the national Institute of statistics can act as an intermediary organization for the coding of individual data communicated for further processing for statistical purposes. » Art.
26. an article 17quinquies, worded as follows, shall be inserted in the Act: «art.» 17quinquies - the King is on a proposal from the Supervisory Committee statistics, among the officers of the federal public Service economy, SMEs, Middle Classes and energy, a delegate to the protection of the data for a renewable term of three years.
The data protection officer shall report to the Minister who has the national Institute of statistics in charge and the Committee statistical surveillance. » Art. 27. an article 17sexies, worded as follows, shall be inserted in the Act: «art.» 17sexies. - the data protection officer has for missions: 1 ° to ensure in an independent manner, the application of the rules and procedures for the protection of data;
2 ° ensuring, in an independent manner, the physical and logical protection of individual data;
3 ° ensuring, in an independent manner, complying with the technical measures and organisational set up;
4 ° to control the use of logical keys to the re-identification and the association of data to avoid the risk of use for non-statistical purposes;
5 ° advise statisticians and computer scientists on techniques of anonymisation, encryption and data interference in order to prevent any unauthorized disclosure. » Art.
28. an article 17septies, worded as follows, shall be inserted in the Act: «art.» 17septies. - the King shall, by Decree deliberated in the Council of Ministers, persons that in case 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 country by the enemy, are responsible to destroy or to destroy the identification data and data who were reportedly not destroyed under article 17ter as well as consistency between the data keys identification and study data referred to in article 17A. » Art. 29A article 18, paragraph 1, of the Act, the words "or has knowledge of information referred to in the second paragraph of article 7,' shall be deleted.
CHAPTER VI. -Collecting secondary art. 30A article 24A of the Act, inserted by the Act of 1 August 1985, the words «investigations referred to in chapters I IYV» are replaced by «investigations referred to in chapters Ierbis in IVA» and the words ', without prejudice to the legal provisions that regulate the communication by certain administrations, services and agencies of confidential data to the Institute' are deleted.
S. 31. article 24ter of the Act, repealed by the law of 2 August 2002, was re-established in the following wording: «art.» 24ter. - the State Institute of statistics is authorized to designate investigators responsible for the implementation of surveys it organises and pay and allowances.
The King fixed the rules according to which the allowances and compensation, which it determines the amounts may be granted. » Art.
32 article 24quater, § 2, of the Act, inserted by the Act of 1 August 1985, the words "in execution of article 1, 9 or 12" are replaced by the words "in execution of article 1erquinquies, 9 or 12".
CHAPTER VII. -Statistical Supervisory Committee art. 33. it is inserted into the Act, as amended by laws of the August 1, 1985, 21 December 1994 and 2 January 2001, a VIIter chapter, comprising articles 24sexies to 24octies and read as follows: 'Chapter VIIter - the statistical Supervisory Committee' s. 34. an article 24sexies, worded as follows, shall be inserted in the Act: 'Art 24sexies. -It is created within the Commission for the protection of privacy, a statistical Oversight Committee.
This Committee is composed of three members of the Commission, including the Chairman, or in the absence or incapacity of the President, another member designated as such by the Commission, who chairs the Committee, and three external members appointed by the House of representatives in accordance with the conditions and the rules laid down by royal decree deliberated in the Council of Ministers, where applicable. In the event of equality of votes, the vote of the President is dominating.
For special cases, it may involve additional experts.
The Director-general of the Directorate-General for statistics and economic Information and the data protection officer sit in an advisory.
Without prejudice to article 31bis of the aforementioned law of 8 December 1992, additional operating rules of the statistical Supervisory Committee are determined by the King. » Art. 35. an article 24septies, worded as follows, shall be inserted in the Act: «art.» 24septies. - without prejudice to article 31bis of the aforementioned law of 8 December 1992, the statistical Supervisory Committee is responsible for the following tasks: 1 ° allow access to data in accordance with article 15;
2 ° without prejudice to the powers of the Commission for the protection of privacy, make all useful recommendations for the implementation and enforcement of the aforementioned law of 8 December 1992 and its enforcement by the national Institute of statistics. » Art. 36. an article 24octies, worded as follows, shall be inserted in the Act: «art.» 24octies. - in the performance of its tasks, the statistical Supervisory Committee can conduct investigations, designate one or more of its members to carry out these surveys and to appeal to experts. The Monitoring Committee may require disclosure of any document that can be useful to it in its investigations.
The Chairman of Committee of statistical monitoring as well as the other members of the Committee or associate experts are subject to statistical confidentiality and professional secrecy referred to in article 18 for everything they have had knowledge by reason of their functions. » CHAPTER VIII. -Higher Council for statistics s. 37. it is inserted into the Act, as amended by laws of the August 1, 1985, 21 December 1994 and 2 January 2001, a VIIquater chapter, including article 24novies and worded as follows: ' chapter VIIquater '. -The Higher Council for statistics' s. 38. an article 24novies, worded as follows, shall be inserted in the Act: «art.» 24novies. - shall be established, at the national Institute of statistics, an advisory body called Higher Council for statistics which has the mission to contribute to the quality of the Belgian public statistics. The composition of the Higher Council for statistics and specific rules relating to its mission are laid down by the King. ».
CHAPTER IX. -Provisions repealing art. 39 are repealed in the same Act: 1 ° article 2bis, inserted by the law of 21 December 1994;
2 ° Chapter II, including article 5, which was replaced by the Act of 1 August 1985, article 6 and article 7, which was replaced by the Act of 1 August 1985;
3 ° article 10, replaced by the Act of 1 August 1985;
4 ° article 11.
S. 40. article 8A of the Act of 8 August 1983 organising a national register of natural persons, inserted by the law of January 2, 2001, is repealed.
Chapter x. - Authorization of coordination s. 41. the King can coordinate and implement the legislative provisions in force concerning public statistics conformably with the changes recommended for the purpose of formal simplification, without that it can be infringed the principles embodied in these provisions.
CHAPTER XI. -Entry into force art. 42. the King sets the date of entry into force of each of the provisions of this Act, with the exception of this article.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Done at Brussels, 22 March 2006.
ALBERT by the King: the Minister of the economy, M. VRWILGHEN Scellé of the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2004-2005.
House of representatives: Documents. -51-2002 - No. 1: Bill.
Documents. -51-2002-Nos. 2 and 3: amendments.
-No 4: report. No. 5: Text adopted by the commission. -No 6: amendments. No. 7: Text adopted in plenary meeting and transmitted to the Senate.
Compte rendu intégral. -2 February 2006.
Senate: Documents. -3-1552 - No. 1: project not referred by the Senate.