25 MARCH 2003. - An Act to amend the Act of August 8, 1983 to organize a National Register of Physical Persons and the Act of July 19, 1991 on Population Registers and Identity Cards and to amend the Act of August 8, 1983 to organize 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 provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 2. Article 1^er of the Act of 8 August 1983 organising a National Register of Physical Persons, whose current text will form § 1^er, it is added a § 2, written as follows:
Ҥ2. The National Registry shall make available to the authorities, agencies and persons referred to in Article 5 a national file by:
(a) facilitating the exchange of information between jurisdictions;
(b) allowing the automatic update of public sector files with respect to general information on citizens, to the extent that the law, decree or order authorizes it;
(c) streamlining the communal management of population registers;
(d) simplifying certain administrative procedures required by citizens. »
Art. 3. Article 3, paragraph 1^erthe same Act, as amended by the Act of 24 May 1994, is supplemented as follows:
"12° if it acquires the existence of the certificate of identity and signature, within the meaning of the Act of 9 July 2001, setting certain rules relating to the legal framework for electronic signatures and certification services;
13° legal cohabitation. »
Art. 4. Article 5, paragraphs 1^er and 2, of the Act, amended by the Acts of 15 January 1990, 19 July 1991, 8 December 1992, 30 March 1995 and 31 May 2001, is replaced by the following paragraphs:
"The authorization to access the information referred to in Article 3, paragraph 1^er and 2, or to obtain communication, is granted by the Sectoral Committee of the National Register established by section 15:
1° to the Belgian public authorities for the information they are entitled to know under a law, decree or order;
2° to the public or private bodies of Belgian law for the information necessary to carry out tasks of general interest which are entrusted to them by or under a law, decree or order or tasks explicitly recognized as such by the aforementioned sectoral committee;
3° to natural or legal persons acting as subcontractors of the Belgian public authorities and public or private bodies of Belgian law referred to in 1° and 2°; the eventual outsourcing occurs upon request, under the control and responsibility of the authorities and agencies; such subcontractors must formally commit themselves to complying with the provisions of this Act and the Privacy Act of 8 December 1992 with respect to personal data processing and take the necessary measures to that end, which they shall report to the persons for whom they act as subcontractors;
4° to notaries and judicial officers for information they are entitled to know under a law, a decree or an order;
5° to the College of Pharmacists in order to communicate to their members the principal residence of a client to which a dangerous medicine for health would have been delivered;
6° to the Order of French-speaking and German-speaking Bars and the Orde van de Vlaamse Balies, with the sole purpose of communicating to lawyers the information they need for the tasks they perform as judicial officers.
The Sectoral Committee considers whether the purposes for which access to the data of the National Register of Natural Persons has been requested or for communication are determined, explicit and legitimate, and, where appropriate, whether the data of the National Register requested are adequate, relevant and not excessive in relation to these purposes.
Before giving its authorization, the Sectoral Committee shall verify whether access or communication is made in accordance with this Act, the Act of 8 December 1992 on the Protection of Private Life with respect to personal data processing and their enforcement provisions, as well as other relevant standards for the protection of privacy or personal data.
The Sectoral Committee shall send within thirty days of its decision a copy of it to the Minister of the Interior and the Minister of Justice.
The King shall determine, by order deliberately in the Council of Ministers and after the advice of the Sectoral Committee, cases in which an authorization is not required. »
Art. 5. Section 6 of the Act, as amended by the Act of 15 January 1990, is replaced by the following provision:
“Art. 6. § 1^er. The authorities, agencies and persons referred to in Article 5, who are authorized to consult the data of the National Registry, may no longer apply directly to a person.
§ 2. As soon as a data has been communicated to the National Register and recorded in the National Register, the data subject is not required to communicate it directly to the authorities, agencies and persons referred to in Article 5, which are authorized to consult the data of the National Register. »
Art. 6. Section 8 of the Act, as amended by the Act of 15 January 1990, is replaced by the following provision:
“Art. 8. § 1^er. The authorization to use the National Register Identification Number is granted by the Sectoral Committee of the National Register referred to in Article 15, to the authorities, agencies and persons referred to in Article 5, paragraph 1^er. The Sectoral Committee shall send within thirty days of its decision a copy of it to the Minister of the Interior and the Minister of Justice.
The King shall determine, by order deliberately in the Council of Ministers and after the advice of the Sectoral Committee, cases in which an authorization is not required.
The authorization to use the National Register ID number implies the obligation to use this identification number also in contacts with the National Register of Physical Persons.
Connections to the network resulting from the use of the National Register ID number are specifically mentioned in the application for this authorization, in order to allow the sector committee to publish the network connection cadastre. Any changes to network connections resulting from the use of the National Register ID number must be submitted prior to the approval of the Sectoral Committee. The Sectoral Committee shall send within thirty days of its decision a copy of it to the Minister of the Interior and the Minister of Justice. The King shall determine, by order deliberately in the Council of Ministers and after the advice of the Sectoral Committee, cases in which an authorization is not required.
The previous paragraph is not applicable to network connections and data transmissions for which authorization is granted by a sectoral committee established within the Privacy Commission.
§ 2. In the event of an authorization to use the National Register ID number, the provisions of Article 10 shall be complied with.
The National Registry identification number may not be used without authorization or for purposes other than those for which such authorization was granted. »
Art. 7. Section 9 of the Act, as amended by the Act of 24 May 1994, is replaced by the following provision:
“Art. 9. The administration that manages the National Registry file is an intermediary between the community services of the population, responsible for identification, who receive requests for qualified identity certificates and electronic signatures, the accredited certification service provider, the identity card producer, the identity card personizer and the initializer of the identity card, as referred to in the Act of July 19, 1991 on the registers of the population and on the registers of the population. »
Art. 8. Section 10 of the Act, repealed by the Act of 11 December 1998, is reinstated in the following wording:
“Art. 10. Each public authority, public or private body that has obtained access to the information of the National Registry or the communication of such information, shall, within or outside of its staff, designate a consultant in the security of information and in the protection of privacy, who, inter alia, performs the function of data protection officer referred to in section 17bis of the Privacy Act of 8 December 1992. The identity of the Information Security and Privacy Consultant is communicated to the Sectoral Committee of the National Registry in respect of Article 15. This communication is not required if it is to be made by another sectoral committee by or under another Act, Order or Order. »
Art. 9. Section 12 of the Act, repealed by the Act of 15 January 1990, is reinstated in the following wording:
“Art. 12. § 1^er. The Privacy Commission, established by the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, is responsible for maintaining a register in which all authorizations are mentioned. This register is made publicly available by the Commission.
§ 2. Public authorities, public or private bodies and individuals who have obtained access to the information of the National Register or the communication of such information are required:
1° to nominate their organs or agents who, because of their responsibilities, have obtained access to the information or communication of the said information and to inform them in accordance with Article 16, § 2, of the Act of 8 December 1992 on the protection of privacy with respect to personal data processing; they are required to draw up a list of these organs or officers;
2° to have the persons actually responsible for the processing of information signed a declaration by which they undertake to preserve the confidential nature of the information. »
Art. 10. Article 13, paragraphs 1^er and 2, of the Act is replaced by the following paragraphs:
“Art. 13. It is punishable by imprisonment from eight days to one year and a fine of one hundred euros to two thousand euros, or one of these penalties only, who, as an author, co-author or accomplice, contravenes the provisions of Articles 8, § 2, and 12 § 2, of this Law.
It shall be punishable by imprisonment of three months to five years and a fine of one thousand euros to twenty thousand euros, or one of these penalties only, who, as a perpetrator, co-author or accomplice, contravenes the provisions of Article 11 of this Act. »
Art. 11. An article 14, which reads as follows, is inserted in the same law:
“Art. 14. The King designates, by deliberate order in the Council of Ministers, persons who, in times 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 data banks of the National Register. The King sets out the conditions and modalities of this destruction. »
Art. 12. Article 15, as follows, is inserted in the same law:
“Art. 15. A sectoral committee of the National Register is established within the Privacy Commission to issue the authorizations referred to in Articles 5 and 8.
This sectoral committee is composed of three members of the Commission, including the Chairperson, or another member designated in that capacity by the Commission, who chairs the committee and three external members appointed by the House of Representatives in accordance with the terms and conditions determined by the King, by order deliberately in the Council of Ministers. In the event of a parity of voice, the president's voice is preponderant.
The modalities for the operation of this sectoral committee shall be determined, without prejudice to this Act by or under the law. They enshrine the right of the chair of the Sectoral Committee to refer to the Commission itself a file submitted to the Sectoral Committee, by reforming, where appropriate, the decision of the Sectoral Committee. »
Art. 13. Article 16, as follows, is inserted in the same law:
“Art. 16. The Sectoral Committee of the National Register referred to in Article 15 is responsible for the following tasks:
1° grant permission to access or obtain communication from the National Register in accordance with Article 5, as well as permission to use the National Register ID number in accordance with Article 8;
2° Ensure compliance with this Act and the Act of 19 July 1991 on registers of the population and identity cards;
3° make any recommendations that it deems useful for the application and compliance of this Act and its enforcement measures;
4° to assist in the solution of any problems of principle or litigation relating to the application of this Act and its enforcement measures;
5° give its opinion on the designation of the consultant in security of! information and protection of privacy for the National Register and for the Register of Identity Cards, referred to in Article 6bis of the Law of 19 July 1991 on Population Registers and Identity Cards;
6° ensure that all legal and regulatory provisions relating to identity documents are complied with;
7° control the entire process of manufacturing and issuing electronic identity cards, as well as qualified certificates of identity and electronic signature;
8° have a highly secure website on which each interested person can control the active root certificates as well as the conformity of their own qualified certificate, the qualified certificate of the accredited certification service provider and the producer, the personnalizer and the initializer of the identity card, referred to in the Act of 19 July 1991 on the registers of the population and identity cards;
9° to submit to the Minister of the Interior any proposal that he deems useful regarding data security and privacy;
10° to advise the Minister of the Interior on the possible manufacture of security documents for other purposes;
11° to advise the Minister of the Interior on the authorization of the automated control of the identity card by electronic or other reading processes;
12° oblige municipalities, where the Belgian public authorities or public and private bodies of Belgian law that fulfil a mission of general interest, referred to in Article 5, may request municipalities under a law, decree or order, other information than those mentioned in Article 3, to provide such data through the National Register; the data provided are not kept in the National Register;
13° to report annually, for the first day of the regular session, to the Federal Legislative Chambers on the execution of its missions over the past year; This report is printed and transmitted to the Minister of the Interior and to the Federal Legislative Chambers; it may be consulted or acquired by any interested person.
In cases referred to in 1° and 12° of paragraph 1^er, the sectoral committee shall send within thirty days after its decision a copy of it to the Minister of the Interior and the Minister of Justice. The King shall determine, by order deliberately in the Council of Ministers and after the advice of the Sectoral Committee, cases in which an authorization is not required. »
CHAPTER III. - Amendments to the Act of 19 July 1991 relating to population registers and identity cards and amending the Act of 8 August 1983 organizing a National Register of Physical Persons
Art. 14. Section 6 of the Act of 19 July 1991 on registers of population and identity cards and amending the Act of 8 August 1983 organizing a National Register of Physical Persons, as amended by the Acts of 24 May 1994 and 12 December 1997, is replaced by the following provision:
“Art. 6. § 1^er. The commune delivers to Belgians and foreigners admitted or authorized to settle in the Kingdom an identity card worth a certificate of registration in the registers of the population.
At the front of the identity card referred to in paragraph 1^er, are affixed, in the upper part of it, the words "Belgium", on the one hand, and "identity card", "foreign residence card" or "foreign identity card", on the other hand, according to that the holder has the quality of Belgian respectively, is a national of a Member State of the European Union or of the European Economic Area or is not a national of a Member State of that Member State.
The words referred to in the preceding paragraph are printed on the identity card first in the language of the municipality of issue of the document or in the language chosen by its holder among those authorized in the municipalities referred to in sections 6 to 8 of the laws on the use of languages in administrative matters, contacted on July 18, 1966, then in the other two national and English languages.
The titles of the headings for which the identity card is displayed, the personal data specific to the holder are in the first place in the language of the municipality of issue of the document or in the language chosen by the holder, following the distinction made in the preceding paragraph, and then in English.
§ 2. The identity card contains, in addition to the signature of the holder and that of the municipal official who delivers the card, personal information visible to the naked eye and readable electronically.
The personal information visible to the naked and legible eye electronically concerns:
1° the name;
2° the first two names;
3° the first letter of the third name;
4° nationality;
5° the place and date of birth;
6° sex;
7° the place of issue of the card;
8° the date of beginning and end of validity of the card;
9° the name and number of the card;
10° the photograph of the holder;
11° the signature of the holder and the municipal official;
12° the identification number of the National Register.
Electronicly readable personal information is:
1st identity and signature keys;
2° the certificates of identity and signature;
3° the accredited certification service provider;
4° the information necessary for the authentication of the card and for the protection of the visible data electronically on the card and the use of the qualified certificates therein;
5° other mentions, imposed by law;
6° the principal residence of the holder.
The card holder may, if he wishes, waive the activation of the data referred to in points 1 to 3 of the preceding paragraph.
§ 3. The holder of the card may at any time request, by means of this card or to the municipality in which he is registered in the registers of the population, to consult the electronic data that is recorded on the card or are accessible through it, and has the right to request the rectification of his personal data that would not be accurately, complete and accurate on the map.
The card holder has the right to request, by means of this card or to the municipality in which he is registered in the registers of the population:
1° to consult with information concerning the population register or the National Register of Natural Persons;
2° to correct this data if not repeated in a precise, complete and accurate manner;
3° to know all the authorities, agencies and persons who have, over the past six months, consulted or updated their data in the register of the population or in the National Register of Natural Persons, with the exception of the administrative and judicial authorities responsible for the search and punishment of offences.
The King determines the date of entry into force of the right to be acquainted with the preceding alinea, 3°, as well as the regime to which the right of consultation and rectification is subject and the knowledge referred to in the preceding paragraphs.
§ 4. Any automated control of the identity card by optical or other reading processes must be subject to a Royal Decree taken 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.
§ 5. The federal authority shall make available to the municipality, which becomes the owner of it, the technical equipment necessary for the electronic identity card. The municipality is responsible for the storage and maintenance of the equipment.
The King may fix an allowance for insertion on the identity and signature certificate card. The cost of the initial certificate of identity and signature may be taken entirely or partially by the feudal authority.
The accredited certification service provider is authorized to access the information referred to in Article 3, paragraph 1^er, 1° and 5°, of the Act of 8 August 1983 organizing a National Register of Physical Persons, exclusively for the tasks performed under this Act. In this context, it also has the right to use the National Register ID number.
§ 6. The identity card remains valid for up to five years from the date of issue.
§ 7. The King shall determine, after the advice of the Privacy Commission, established by the Act of 8 December 1992 on the protection of privacy with respect to personal data processing, the form and modalities for the manufacture, issuance and use of the identity card.
It sets out the age from which the detention and port of the identity card are mandatory and the maximum amount that can be charged to the holder when the card is issued. It also determines the public authorities and officers on the requisition of which the identity card must be submitted.
The certificate qualified as a signature is not activated on the identity card of persons recognized as incapable under the legislation in force.
§ 8. The costs of making identity cards are recovered, at the intervention of the Minister of the Interior, by way of debits from the account opened on behalf of the municipalities to a credit institution which, as the case may be, satisfied with sections 7, 65 or 66 of the Act of 22 March 1993 relating to the Status and Control of Credit Institutions.
§ 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 residence permits issued to foreigners admitted or authorized to stay in the Kingdom. »
Art. 15. An article 6bis, as follows, is inserted in the same law:
"Art. 6bis. § 1^er. The National Register of Physical Persons, established at the Federal Interior Public Service, maintains a central file of identity cards. This file bears the name "Identity Card Registry" and contains the following data:
1° for each holder: the identification number of the National Register of Physical Persons, the language requested for the issuance of the identity card and the order number of the card;
2° for each identity card issued:
(a) the date of application with the date of issuance of the basic document, the date of issuance, the date of expiry of the card and, where applicable, the date of destruction;
(b) the date of issue and the municipality that issued it;
(c) the card order number;
(d) the sequence number (first, second, third, etc.)
(e) the information from which it appears that the card is valid, outdated or destroyed and, in this case, the reason;
(f) the type of identity card;
(g) the presence or absence of the "electronic signature" function;
(h) the date of the last update;
(i) the date of the last update on the main residence.
§ 2. The municipalities, through the National Register, on the one hand, and the company responsible for the production of identity cards and the accredited certification service provider, on the other hand, send to the Federal Interior Public Service - Geographical Directorate of Institutions and Population - the information necessary for the update of the file mentioned under § 1^er.
§ 3. The King determines, by order deliberately in the Council of Ministers, persons with access to this file, after the advice of the Commission on the Protection of Privacy, established by the Act of 8 December 1992 on the protection of privacy with regard to personal data processing. »
Art. 16. An article 6ter, as follows, is inserted in the same law:
"Art. 6ter. In the event of loss, theft or destruction of the electronic identity card, the licensee shall make a statement to the municipal administration during office hours. The municipal administration provides a certificate of loss, theft or destruction of the identity card. In the event of a flight, the licensee may also file a complaint with the police. The municipality directs the certification service provider through the National Register to suspend or withdraw the electronic function of the identity card.
In the event of loss, theft or destruction of the electronic identity card outside of office hours, the licensee shall make a statement to the helpdesk of the National Register of Physical Persons. The holder may receive a certificate of loss, theft or destruction of the identity card from the municipal administration. In the event of a flight, the licensee may also file a complaint with the police. The helpdesk suspends the electronic function of the identity card or removes it. The helpdesk is continuously operational.
The suspension is that the electronic function of the identity card is temporarily out of service. The withdrawal is that the electronic function of the identity card is permanently out of service.
The King sets out the detailed regulation of the operation of the helpdesk and the suspension or withdrawal of the lost, stolen or destroyed identity card. »
Art. 17. Article 6quater, as follows, is inserted in the same law:
"Art. 6quater. All persons who, in the performance of their functions, intervene in the collection, processing or transmission of information are held in professional secrecy. They must also make every effort to keep the information up-to-date, correct the wrong information and delete the information that is lost or obtained by illicit or fraudulent means.
They must take all necessary precautions to ensure the safety of recorded information and, in particular, to prevent it from being deformed, damaged or communicated to persons who have not been granted permission to become aware of it.
They must ensure the appropriateness of the programs used for the automatic processing of information and the regularity of their application.
They must ensure the regularity of the transmission of information. »
Art. 18. An article 6quinquies, as follows, is inserted in the same law:
"Art. 6quinquies. The King may determine the technical and functional standards and specifications to be met by the devices and applications that make it possible to read and update the data electronically retrieved on the identity card. It may also regulate the advertising, sale, purchase, rental, possession and transmission of these devices and applications. »
ECHAPTER IV. - Transitional and final outpostings
Art. 19. § 1^er. The Royal Decrees, pursuant to Article 6 of the Law of 19 July 1991 on Population Registers and Identity Cards and amending the Act of 8 August 1983 organizing a National Register of Natural Persons, remain in force until the full renewal of identity cards.
The Minister of the Interior determines by order published in the Belgian Monitor the date on which this renewal is complete.
The King takes the necessary transitional measures for the renewal period of identity cards, particularly in the event of a change of domicile.
The decision to proceed with the general introduction of the electronic identity card will be taken by Royal Decree deliberated in the Council of Ministers, after an evaluation by the Council of Ministers and the competent committee of the Chamber.
§ 2. Royal Decrees authorizing access to the National Register, the communication of information and the use of the National Registry identification number pursuant to sections 5, 6, 8 and 9 of the Act of 8 August 1983 organizing a National Register of Physical Persons, remain in effect after the coming into force of this Act.
§ 3. The new requests and current procedures for access to the National Register and the use of the National Registry Identification Number are addressed by the Sectoral Committee, referred to in section 15 of the above-mentioned Act of 8 August 1983, as soon as the members of the Sectoral Committee are appointed. The Sectoral Committee shall send within thirty days of its decision a copy of the decision to the Minister of the Interior and to the Minister of Justice.
The King shall determine, by order deliberately in the Council of Ministers and after the advice of the Sectoral Committee, cases in which an authorization is not required.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 March 2003.
ALBERT
By the King:
Deputy Prime Minister and Minister of Budget,
J. VANDE LANOTTE
The Minister of the Interior,
A. DUQUESNE
Minister of Public Service
and Modernization of Administration,
L. VAN DEN BOSSCHE
Minister of Justice,
Mr. VERWILGHEN
Minister of Economy and Scientific Research,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGNEN
Note
(1) Regular session 2002-2003.
House of Representatives.
Parliamentary documents. - Bill No. 2226/1. - Opinion of the Privacy Commission, No. 2226/2. - Opinion of the Council of State, No. 2226/3. - Amendments, no. 2226/4. - Report, no. 2226/5. - Text adopted by the commission, no. 2226/6. - Text adopted in plenary and transmitted to the Senate, No. 2226/7.
Full report. - 20 February 2003.
Senate.
Parliamentary documents. - Project referred to by the Senate, No. 2-1494/1. - Report, no. 2-1494/2. - Decision not to amend, No. 2-1494/3.
Annales of the Senate. - 13 March 2003.