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22 MARCH 2006. - An Act to amend the Act of 4 July 1962 on Public Statistics and the Act of 8 August 1983 organizing a National Register of Physical Persons (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the Law of 4 July 1962 on Public Statistics, amended by the Laws of 1^er August 1985, 21 December 1994 and 2 January 2001, it is inserted before chapter I^er, which becomes chapter I^erbis, a new chapter 1, including articles 1^er 1^erquater, as follows:
“Chapter I^er. - General provisions »
Art. 3. Article 1^er, as follows, is inserted in new chapter 1 of the Act:
“Art. 1^er. - For the purposes of this Act:
1° "a statistics": quantitative or qualitative information, aggregated or not, from the collection and systematic processing of data;
2° "statistics": a set of methods and techniques used to collect and transform data and use in order to draw conclusions about the research population;
3° "data": the results of observing the characteristics or attributes of the statistical units, possibly followed by a series of corrections;
4° "individual data": any information concerning a statistical unit identified or identifiable; is deemed to be identifiable a statistical unit that may be identified, directly or indirectly;
5° "personal data": any information concerning an identified or identifiable natural person; is deemed to be identifiable a person who may be identified, directly or indirectly;
6° "secondary data collection": the process of collecting from a public or private body a total or partial copy of the documents or data files developed by that body, so that the National Statistics Institute can use them as part of its mission under this Act;
7° "Primary data collection": the process of collecting data, either directly from the persons concerned (direct primary school), or from those who meet their place (indirect primary school), or through "direct observation";
8° "statistical unit": an observation or measurement unit for which data are collected or derived;
9° "certification": procedure by which the National Statistics Institute certifies that the method used to establish a specific statistics is in accordance with the specified requirements;
10° "statistical production": the process that encompasses all the activities necessary for the collection, storage, processing, compilation, analysis and dissemination of statistical information;
11°" coded study data": data that can only be linked to an identified or identifiable person through a code;
12° "study data": information that will be used to produce statistical results;
13° "logical key": the concordance file formed of the arbitrary code that was given to the identification data, supplemented by identification data;
14° "encryption": technique that consists of transforming data that would allow identification by means of a secret held key;
15° "trouillage": technique that consists of altering data in a random way, which makes them individually non-significant, but which, by compensation, preserves the overall structures of the population studied;
16° "Impartiality": an objective and independent way to produce statistics, free from any pressure from political groups or other interest groups, particularly with regard to the choice of techniques, definitions and methodologies best suited to the pursuit of defined objectives. »
Art. 4. Article 1^erbis, as follows, is inserted in the same law:
“Art. 1^erbis. - Statistics are governed by the following principles:
1° Principle of legality and loyalty:
(a) the collection and processing of data is based either on a legal or regulatory basis or on the consent of the declarant within the meaning of section 1^er, § 8, of the Act of 8 December 1992 on the Protection of Privacy with respect to the processing of personal data, subject to the special provisions of this Act;
(b) The fair collection requires the correct information of the declarant regarding data collection and processing. The declarant has the right to obtain information regarding the legal basis, the purpose of the collection and the protection measures adopted;
2° Purpose principle:
(a) the individual data shall be used exclusively for statistical purposes, unless the declarant has unequivocally given consent to the use of the data for other purposes;
(b) data collected at a specified statistical end may only be used for other statistical purposes if they are compatible with the original statistical purpose;
(c) data collected and processed for statistical purposes cannot be used to complete or correct non-statistical data files, including administrative data;
(d) no decision to affect or affect the individual situation of the declarant may be made on the basis of individual data collected in connection with the realization of a statistics;
3° Principle of proportionality:
(a) When choosing the method of collection, priority is given to secondary collection compared to primary collection. In any case, the collection will be carried out by poll, preferably with a comprehensive collection, and voluntary surveys should be prioritized against mandatory surveys;
(b) data are adequate, relevant and not excessive in relation to the specific statistical purpose, i.e. the collection and processing of data is limited to the only data required for the statistical purposes pursued;
4° Principle of impartiality, objectivity and professional independence:
(a) statistics must be produced and disseminated in a manner consistent with scientific independence and objectively, professionally and transparently placing all users on an equal footing;
(b) the production and dissemination of statistics must be ensured by an organization that has professional independence in respect of both other political, regulatory or administrative services and agencies as well as private sector operators. »
Art. 5. Article 1^erter, as follows, is inserted in the same law:
“Art. 1^erter. - Statistical secrecy means that data on individual statistical units that are obtained directly for statistical purposes or indirectly from administrative or other sources are protected against any violation of the right to confidentiality. This implies that any non-statistical use of the data obtained and any unlawful disclosure is prohibited. »
Art. 6. Article 1^erquater, as follows, is inserted in the same law:
“Art. 1^erquater. - The personal data processing, carried out under this Act, is subject to the Privacy Protection Act of 8 December 1992 in respect of personal data processing and its enforcement orders. »
Art. 7. Article 1^er of the same law, as amended by the law of 1^er August 1985, becomes Article 1^erQuiet, on the understanding that in this article, the words "economic and social" are replaced by the words "economic, social, ecological and technological".
Art. 8. Article 3, paragraph 1^erin the same law, the words "in the execution of Article 1^er of this Act shall be replaced by the words "in accordance with section 1^erWholese of this Act."
Art. 9. In section 4 of the Act, the words "in execution of articles 1^er and 3 of this Act are replaced by the words "in execution of sections 1^erand 3 of this Act."
CHAPTER II. - Statistical secondary treatments
Art. 10. The title of Chapter III of the Act is replaced by the following title: "Secondary treatments with statistical purposes".
Art. 11. Section 9 of the Act, replaced by the Act of 2 January 2001, is replaced by the following provisions:
“Art. 9. - The National Statistics Institute can, on the basis of data collected during its investigations and data drawn from administrative records, create and maintain data banks.
To this end, the National Institute of Statistics may, under the conditions laid down under Article 17quater, § 2, access data held by all public administrations and authorities. »
Art. 12. Article 12, § 1^er, of the same law, replaced by the law of 1^er August 1985, the words "by or under chapters I^er, II and III are replaced by the words "by or under chapters I^erbis and III".
CHAPTER III. - Certification
Art. 13. In the same law, as amended by the laws of 1^er August 1985, 21 December 1994 and 2 January 2001, a chapter IVbis, comprising articles 13, repealed by law of 1^er August 1985 and re-established in the following draft, and 13bis, as follows:
"Chapter IVbis. - Certification
Art. 13. - The King shall, after consultation with the High Council of Statistics, establish the conditions under which the National Institute of Statistics may certify the methods used by organizations with or without legal personality to produce statistics within the meaning of this Act, where they meet at least the following conditions:
1° guaranteeing impartiality and independence;
2. Respect scientific methods;
3° based on reliability and precision criteria;
4° obey the principles of purpose, proportionality, legality and loyalty as defined in Article 1^erbis of this Law;
5° ensuring respect for statistical secrecy as provided for in Article 1^erter of this Act;
6° ensure the timeliness and timeliness of statistics, which implies, on the one hand, that the time interval between the reference period and the time when statistical information is available must be reasonable and, on the other hand, that the time when statistical information is available corresponds to the deadlines imposed;
7° ensure that statistical comparability and consistency are strengthened using, inter alia, recognized concepts and classifications as well as sources that may be used jointly;
8° based on clarity and accessibility criteria for the presentation of statistics, information and explanations on the methodology used and the availability of results;
9° guarantee to the National Statistics Institute free access to individual data. »
Art. 14. Article 13bis, as follows, is inserted in the same law:
"Art.13bis. - Are certified in full law for the performance of the tasks set out in section 109 of the Act of 21 December 1994 on social and other provisions, the methods of the Institute of National Accounts and the bodies covered by that same section. »
CHAPTER IV. - Coordination of public statistics
Art. 15. Section 14 of the Act, replaced by the Act of 1^er August 1985 and amended by the Act of 21 December 1994 are amended as follows:
1° § 1^er is replaced by the following provision:
« § 1^er. It is established, at the National Institute of Statistics, a coordinating committee with the task of coordinating the statistical programmes of the various administrations, services and public institutions, and monitoring them in order to improve their efficiency and quality, to reduce the overall response burden and to meet European and international obligations in a timely manner.
In this forum, an integrated multi-year statistical programme should be prepared, including an inventory of current statistical production and statistical needs, monitored and updated periodically, depending on the changing information needs of different authorities and international data reporting obligations. This coordinating committee advises on the positions Belgium takes at international meetings on the development of statistics on areas of competence of regions and communities. »;
2° § 2 is replaced by the following provision:
Ҥ2. The King rules the composition of the coordination committee. This includes at least one representative of the Higher Council of Statistics, the National Statistics Institute, the National Bank of Belgium and the Federal Bureau of the Plan. Each region and community may designate a representative. "
Art. 16. The title of Chapter VI of the Act, as amended by the Act of 1^er August 1985, is replaced by the following title:
"Derogatory provisions in articles 2 and 12".
Art. 17. Section 15 of the Act, as amended by the Act of 1^er August 1985 is replaced by the following provision:
“Art. 15. - Without prejudice to the rules governing the communication of data to institutions to which statistical secrecy applies in full law under a legal provision, the National Institute of Statistics shall, after the authorization of the Statistical Monitoring Committee and with a confidentiality contract approved by that Committee, communicate coded study data:
1° to federal public services or public bodies subject to the authority, control or guardianship of the State, excluding tax administrations;
2° to regional and community ministerial departments, to public bodies subject to the authority, control or guardianship of the regions or communities or institutions of Brussels referred to in section 60 of the special law of 12 January 1989, excluding tax administrations;
3° to provincial or municipal governments, excluding tax services;
4° to natural or legal persons pursuing a scientific research purpose when an appropriate application is submitted, along with a specific research project, meeting the existing scientific standards, including a sufficiently detailed list of the data series to be consulted, describing the methods of analysis and including an estimate of the time required.
The study data provided under a confidentiality contract cannot be communicated to third parties or used for other statistical purposes than those determined by the confidentiality contract.
The Statistical Monitoring Committee will only authorize the communication of these coded study data if this communication is an integral part of the statistical objectives that are the subject of the confidentiality contract.
The characteristics that allow the declarant to be identified are deleted and provided with a code, before being communicated, so that the research officer cannot reasonably identify the declarant using this data. »
Art. 18. In the same law, as amended by the laws of 1^er August 1985, 21 December 1994 and 2 January 2001, an article 15bis is inserted as follows:
"Art. 15bis. - The confidentiality contract sets the conditions for transmission by the National Institute of Statistics and the use of data by the third party.
It includes:
1° the third party's commitment not to transmit the data received to another user, except with the agreement of the National Statistical Institute that will contact this new user with whom it will establish a confidentiality contract;
2° the obligation of the third party to ensure data protection and security and that individual data cannot be identified indirectly through published results;
3° the controls to which the third party is subjected;
4° sanctions in the event of a third party breach of its contractual obligations. Sanctions may consist of the unilateral termination of the contract and the claim of damages;
5° the duration of the confidentiality contract. »
Art. 19. In the title of Chapter VII of the Act, as amended by the Act of 1^er August 1985, the words "investigations covered by chapters I^er to IV are replaced by the words "investigations covered by chapters I^erbis to IVbis."
Art. 20. Section 16 of the Act, amended by the Act of 1^er August 1985, the following amendments are made:
1° to paragraph 1^erthe words “in chapters I^er, II and III are replaced by the words "in chapters I^erbis and III »
2° in paragraph 3, the words "of chapters I^er to III" are replaced by the words "Chapters I^erbis to IVbis »;
3° to paragraph 4, the words "on the intervention of the National Statistics Institute" are replaced by the words "on the intervention of the National Statistics Institute or an organization whose method was certified by the National Statistics Institute under section 13".
CHAPTER V. - Data protection
Art. 21. A § 1^erbis, including articles 17 to 17septic and as follows, is included in chapter VII of the Act, as amended by the laws of 1^er August 1985 and 21 December 1994:
« § 1^erbis. - Data protection requirements. »
Art. 22. Section 17 of the Act is replaced by the following provision:
“Art. 17. - When the collection of individual data is necessary, their protection is carried out upon receipt, by keeping separately the identification data or auxiliary data, of the study data used to achieve the statistics.
This separation may be delayed, after the opinion of the High Council of Statistics, if the very nature of statistical processing requires the initiation of matching operations or other processing operations and provided that safeguard measures are taken in accordance with the written instructions of the data protection delegate. »
Art. 23. An article 17bis, as follows, is inserted in the same law:
"Art. 17bis. - Study data are coded so that it can only be identified by a code. »
Art. 24. An article 17ter, as follows, is inserted in the same law:
"Art. 17ter. - Individual data collected and processed for statistical purposes are destroyed or erased when they are no longer needed for these purposes.
Individual non-respondent data cannot be retained beyond the end of the statistical survey control for which the request for such data was made. »
Art. 25. An article 17quater, as follows, is inserted in the same law:
"Art. 17quater. § 1^er. The National Statistics Institute 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, after the advice of the Statistical Monitoring Committee, sets out the specific regulatory, administrative, technical and organizational modalities to ensure compliance with the requirements for the protection of individual personal data or relating to individual entities and statistical secrecy.
§ 2. The King sets out, after the opinion of the Statistical Monitoring Committee, the conditions under which the National Statistics Institute can act as an intermediate organization for the coding of individual data that are communicated to it for further processing for statistical purposes. »
Art. 26. An article 17quinquies, as follows, is inserted in the same law:
"Art. 17quinquies. - The King shall designate, on the proposal of the Statistical Monitoring Committee, among the officers of the Federal Public Service Economics, P.M.E., Average Classes and Energy, a data protection delegate for a term of three years renewable.
The Data Protection Officer reports to the Minister who has the National Statistics Institute in his duties and to the Statistical Monitoring Committee. »
Art. 27. An article 17sexies, as follows, is inserted in the same law:
"Art. 17sexies. - The Data Protection Officer is responsible for:
1° to ensure, in an independent manner, the application of data protection rules and procedures;
2° ensuring, in an independent manner, the physical and logical protection of individual data;
3° to ensure, in an independent manner, compliance with the technical and organizational measures established;
4° to control the use of logical keys allowing the reidentification and association of data to avoid any risk of use for purposes other than statistics;
5° to advise statisticians and informatics on techniques of anonymization, encryption and interference of data in order to prevent any unlawful disclosure. »
Art. 28. Article 17septics, as follows, is inserted in the same law:
"Art. 17septies. - The King designates, by deliberate order in the Council of Ministers, persons who in the event of war, in circumstances assimilated under Article 7 of the Law of 12 May 1927 on military requisitions or during the occupation of the national territory by the enemy, are responsible for destroying or destroying the identification data and auxiliary data that would not have been destroyed under Article 17ter as well as the identification data »
Art. 29. Article 18, paragraph 1^er, from the same law, the words "or has knowledge of information referred to in the second paragraph of section 7," are deleted.
CHAPTER VI. - Secondary school
Art. 30. In section 24bis of the same law, inserted by the law of 1^er August 1985, the words "investigations referred to in chapters I^er to IV are replaced by the words "investigations referred to in chapters I^erbis to IVbis and the words ", without prejudice to the specific legal provisions that regulate the communication by certain administrations, services and public bodies of confidential data to the Institute" are deleted.
Art. 31. Section 24ter of the Act, repealed by the Act of 2 August 2002, is reinstated in the following wording:
"Art. 24ter. - The National Institute of Statistics is authorized to designate investigators responsible for the conduct of investigations and to pay them allowances and allowances.
The King sets the rules that the allowances and allowances, of which He determines the amounts, may be granted. »
Art. 32. Article 24quater, § 2, of the same law, inserted by the law of 1^er August 1985, the words "in execution of Article 1^er, 9 or 12" are replaced by the words "in execution of section 1^erQuiet, 9 or 12".
CHAPTER VII. Statistical Monitoring Committee
Art. 33. It is inserted in the same law, as amended by the laws of the 1^er August 1985, 21 December 1994 and 2 January 2001, a chapter VIIter, comprising articles 24sexies to 24octies and as follows:
« Chapter VIIter - Statistical Monitoring Committee »
Art. 34. An article 24sexies, as follows, is inserted in the same law:
"Art 24sexies. - A Statistical Monitoring Committee is established within the Commission for the Protection of Privacy.
This Committee is composed of three members of the Commission, including the Chairperson, or in the event of the absence or incapacity of the Chairperson, another member designated as such by the Commission, who chairs the Committee, as well as three external members appointed by the House of Representatives in accordance with the terms and conditions determined by Royal Decree deliberated in the Council of Ministers. In the event of a vote, the President ' s voice is preponderant.
For special cases, additional experts may be used.
The Director General of the Directorate General of Statistics and Economic Information and the Data Protection Officer shall sit there with an advisory voice.
Without prejudice to article 31bis of the Act of 8 December 1992 referred to above, the additional rules of operation of the Statistical Monitoring Committee are determined by the King. »
Art. 35. Section 24s, as follows, is inserted in the same law:
"Art. 24s. - Without prejudice to article 31bis of the Act of 8 December 1992 referred to above, the Statistical Monitoring Committee is responsible for the following tasks:
1° authorize access to data in accordance with Article 15;
2° without prejudice to the competence of the Commission for the Protection of Privacy, make any useful recommendations for the application and observance of the above-mentioned Act of 8 December 1992 and its enforcement measures by the National Institute of Statistics. »
Art. 36. An article 24octies, as follows, is inserted in the same law:
"Art. 24octies. - As part of the execution of its tasks, the Statistical Monitoring Committee may conduct investigations, charge one or more of its members to conduct these investigations and appeal to experts. The Supervisory Committee may require that any document be available to it in its investigations.
The Chairman of the Statistical Monitoring Committee and other members of the Committee or associated experts shall be subject to statistical secrecy and professional secrecy referred to in Article 18 for all that they may have known because of their functions. »
CHAPTER VIII. - Higher Statistics Council
Art. 37. It is inserted in the same law, as amended by the laws of the 1^er August 1985, 21 December 1994 and 2 January 2001, a chapter VIIquater, comprising section 24novies and as follows:
“Chapter VIIquater. - The Higher Council of Statistics »
Art. 38. An article 24novies, as follows, is inserted in the same law:
"Art. 24novies. - It is established, at the National Institute of Statistics, an advisory body known as the Higher Council of Statistics, whose mission is to contribute to the quality of the Belgian Public Statistics. The composition of the Higher Council of Statistics and the specific rules concerning his mission are set by the King. "
CHAPTER IX. - Abrogatory provisions
Art. 39. The Act repeals:
1st article 2bis, inserted by the law of 21 December 1994;
2° Chapter II, including Article 5, replaced by the law of 1^er August 1985, section 6 and section 7, replaced by the Act of 1^er August 1985;
3° Article 10, replaced by the law of 1^er August 1985;
4° Article 11.
Art. 40. Section 8bis of the Act of 8 August 1983 organizing a National Register of Physical Persons, inserted by the Act of 2 January 2001, is repealed.
CHAPTER X. - Authorization for coordination
Art. 41. The King may coordinate and align the existing legislation on public statistics with the amendments recommended for a formal simplification, without prejudice to the principles set out in these provisions.
CHAPTER XI. - Entry into force
Art. 42. The King shall determine the effective date of each of the provisions of this Act, except this section.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Done in Brussels on 22 March 2006.
ALBERT
By the King:
Minister of Economy,
Mr. VRWILGHEN
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
House of Representatives:
Documents. - 51-2002 - No. 1: Bill.
Session 2005-2006.
Documents. - 51-2002 - N^bones 2 and 3: Amendments. - Number four: Report. No. 5: Text adopted by the commission. - No. 6: Amendments. No. 7: Text adopted in plenary and transmitted to the Senate.
Full report. - 2 February 2006.
Senate:
Documents. - 3-1552 - Number 1: Project not referred to by the Senate.