Law Amending The Law Of 8 August 1983 Organising A National Register Of Natural Persons And The Law Of 19 July 1991 On The Population Registers And Identity Cards And Amending The Act Of 8 August 1983 Organising A National Register Of

Original Language Title: Loi modifiant la loi du 8 août 1983 organisant un Registre national des personnes physiques et la loi du 19 juillet 1991 relative aux registres de la population et aux cartes d'identité et modifiant la loi du 8 août 1983 organisant un Registre national de

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Posted the: 2003-03-28 Numac: 2003000234 Interior FEDERAL PUBLIC SERVICE March 25, 2003. -Act to amend the Act of 8 August 1983 organising a national register of natural persons and the Act of 19 July 1991 on the registers of the population and identity cards and amending the Act of 8 August 1983 organising a national register of natural persons (1) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: chapter I:. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER II. -Amendments to the law of 8 August 1983 organising a national register of natural persons art.
2A article 1 of the law of 8 August 1983 organising a national register of natural persons, which the current text will form the § 1, is added a § 2, written as follows: "§ § 2 2» The national register puts at the disposal of the authorities, bodies and persons referred to in article 5 a national file in: has) facilitating the exchange of information between administrations;
(b) allowing the automatic update files from the public sector concerning general information on citizens, insofar as the law, decree or Ordinance authorizes;
c) streamlining the management of the registers of the population;
d) simplifying administrative formalities required of citizens. » Art. 3. article 3, paragraph 1, of the Act, as amended by the Act of 24 May 1994, is completed as follows: «12 ° is it proclaims the existence of the certificate of identity and signature in the meaning of the law of 9 July 2001 laying down certain rules for the legal framework for electronic signatures and certification services;
13 ° the legal cohabitation. » Art. 4. article 5, paragraphs 1 and 2, of the Act, as amended by the laws of the January 15, 1990, 19 July 1991, December 8, 1992, 30 March 1995 and may 31, 2001, is replaced by the following subparagraphs: 'authorization to access the information referred to in article 3, paragraphs 1 and 2, or for communication is given by the sectoral Committee of the national register established by article 15 : 1 ° to the Belgian public authorities for the information they are entitled to know by virtue of a law, a decree or an order;
2 ° to the organizations public or private under Belgian law for the information necessary for the performance of tasks of interest generalqui are entrusted to them by or under a law, a decree or an order or task recognized explicitly as such by the above sectoral Committee;
3 ° to the natural or legal persons who are acting as subcontractors of the Belgian public authorities and bodies as public or private Belgian law referred to the 1 ° and 2 °; the possible subcontracting is scheduled, under the control and the responsibility of such authorities and bodies; These subcontractors must formally undertake to comply with the provisions of this Act and the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data and take the necessary measures to this end, they state the persons for which they are acting as subcontractors;
4 ° to notaries and bailiffs for the information they are entitled to know under a law, a decree or an order;
5 ° to the College of pharmacists to communicate to their members the main residence of a customer to whom a dangerous drug for health was reportedly released;
6 ° to the Ordre des barreaux francophones and germanophone and the Orde van Vlaamse balies, for the sole purpose to communicate to counsel the information they need for the tasks they perform as officers of the Court.
The sectoral Committee judge if the purposes for which access to data from the national register of natural persons has been requested or for communication are specified, explicit and legitimate, and, if the requested the national register data are adequate, relevant and not excessive compared to those purposes.
Before giving approval, the sectoral Committee checks if access or communication is done in accordance with this Act, the law of 8 December 1992 relative to the protection of life privacy with respect to the processing of personal data and their implementing provisions, as well as with other relevant standards of privacy or data protection personal.
The sectoral Committee sends within thirty days after its decision a copy thereof to the Minister of the Interior and the Minister of Justice.
The King determines, by Decree deliberated in the Council of Ministers and after notice of the sectoral Committee, the cases in which an authorization is not required.
» Art. 5. Article 6 of the Act, as amended by the Act of 15 January 1990, is replaced by the following provision: «art.» 6 § 1. Authorities, bodies and persons referred to in article 5, which are authorized to consult the national register data, can no longer ask directly said to a person.
§ 2. Once data has been communicated to the national registry and registered in that register, the person concerned is not required to communicate directly to all authorities, organizations and individuals referred to in article 5, which are authorized to consult the national register data. » Art. 6. article 8 of the Act, as amended by the Act of 15 January 1990, is replaced by the following provision: «art.» 8 § 1. Use the identification number of the national register is granted by the sectoral Committee of the national register referred to article 15, authorities, bodies and persons referred to in article 5, paragraph 1. The sectoral Committee sends within thirty days after its decision a copy thereof to the Minister of the Interior and the Minister of Justice.
The King determines, by Decree deliberated in the Council of Ministers and after notice of the sectoral Committee, the cases in which an authorization is not required.
Permission to use the national register identification number implies the obligation to also use this ID number in contacts with the national register of natural persons.
The network connections arising from the use of the identification number of the national register are specifically mentioned in the request to obtain this permission, so the sectoral Committee published the cadastre of connections to the network. Any changes to the network connections arising from the use of the identification number of the national register must be submitted prior to the approval of the sectoral Committee. The sectoral Committee sends within thirty days after its decision a copy thereof to the Minister of the Interior and the Minister of Justice. The King determines, by Decree deliberated in the Council of Ministers and after notice of the sectoral Committee, the cases in which an authorization is not required.
The preceding paragraph is not apply to connections to the network and data transmissions for which a licence is granted by a sectoral Committee created the Committee on the protection of privacy.
§ 2. In the event of authorization to use the identification number of the national register, the provisions of article 10 must be complied with.
The national register identification number may not be used without permission or to for purposes other than those for which such permission has been granted.
» Art. 7. article 9 of the Act, as amended by the Act of 24 May 1994, is replaced by the following provision: «art.» 9. the administration which manages the database of the national register is an intermediary between the communal population, responsible for identifying services, receiving requests for certificates of identity and qualified electronic signature, the service provider of accredited certification, the producer of the identity card, ID card Customizer and the initiator of the identity card, as referred to in the law of 19 July 1991 on the registers of the population and identity cards. » Art. 8. article 10 of the same Act, repealed by the law of 11 December 1998, is restored in the following wording: «art.» 10. each public authority, public or private organization that has obtained access to information from the national registry or the communication of such information means, either within or outside its staff, a consultant in information security and privacy protection which inter alia fulfills the function of the data protection officer referred to in article 17A of the Act of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
The identity of the consultant in information security and privacy protection shall be communicated to the Committee sectoral national registry referred to in article 15. This communication is not required if it must be done by another sectoral Committee by or pursuant to any other Act, decree or order.
» Art. 9. article 12 of the same Act, repealed by Act of 15 January 1990, was re-established in the following wording: «art.» 12 § 1. The Commission for the protection of private life instituted by the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, is responsible to keep a register in which

are mentioned all permissions. This register is made available to the public by the Commission.
§
2. Public authorities, public or private organizations and persons who have obtained access to information from the national registry or the communication of such information are required: 1 ° to name designate their bodies or servant who, because of their powers, have obtained access to information or disclosure of such information and to inform in accordance with article 16, § 2, of the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data; they are required to draw up a list of these bodies or attendants;
2 ° to sign a declaration whereby they undertake to preserve the confidentiality of the information by those actually responsible for the processing of the information.
» Art. 10. article 13, paragraphs 1 and 2, of the Act is replaced by the following paragraphs: «art.» 13 is punished by imprisonment from eight days to one year and a fine of one hundred euros to 2,000 euros, or one of those penalties only, who, as an author, co-author or accomplice, contravenes the provisions of articles 8, § 2, and 12, § 2 of this Act.
Is punished by imprisonment of three months to five years and a fine of thousand euro at twenty thousand euros, or one of those penalties only, who, as author, co-author or accomplice, contravenes the provisions of section 11 of this Act. » Art.
11. an article 14, as follows shall be inserted in the Act: «art.» 14. the King shall, by Decree deliberated in the Council of Ministers, persons who, in time 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 databases of the national registry. The King sets the terms and conditions of this destruction.
» Art. 12. an article 15, as follows shall be inserted in the Act: «art.»
15. it is created within the Commission for the protection of privacy, a sectoral Committee of the national registry, responsible for issuing authorisations referred to in articles 5 and 8.
This sectoral Committee is composed of three members of the Commission, including the Chairman, or 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 conditions and procedure laid down by the King, by Decree deliberated in the Council of Ministers. In the event of parity of votes, the vote of the president is dominating.
The modalities of this sectoral Committee shall be determined, without prejudice to this Act by or under the Act. These enshrine the right of the president of the sectoral Committee to address the Commission itself a dossier submitted to the sectoral Committee, reforming as appropriate the decision it has taken. » Art. 13. an article 16 as follows shall be inserted in the Act: «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 to the information in the national register or obtain communication under article 5, as well as the authorization to use the identification number of the national register in accordance with article 8;
2 ° ensure compliance with this Act and act of 19 July 1991 on the population registers and identity cards;
3. recommendations which it may deem useful for the implementation and compliance with this Act and its implementing measures;
4 ° help the solution of any problem in principle or any dispute relating to the application of this Act and its implementing measures;
5 ° advise the security consultant designation of!' information and protection of privacy for the national register and the register of identity cards, referred to in article 6 bis of the law of 19 July 1991 on the population registers and identity cards;
6 ° ensure that all legal provisions and regulations relating to identification documents;
7 ° monitor the whole process of manufacturing and issuance of electronic identity cards, as well as qualified certificates; identity and electronic signature
8 ° have a highly secure web site on which each interested person can control certificates active root as well as the compliance of its own qualified certificate, the certificate of the claimant service accredited certification and producer, customizer, and the initiator of the identity card, as referred in the Act of 19 July 1991 on the population registers and identity cards;
9 ° submit any proposal as he thinks fit concerning the security of the data and the protection of privacy to the Minister of the Interior;
10 ° give its opinion to the Minister of the Interior about the possible manufacture of security for other documents;
11 ° give its opinion to the Minister of the Interior about the authorization of the automated identification card by electronic reading processes or others;
12 ° require Commons, when the Belgian public authorities or public and private Belgian law bodies which fulfil a mission of general interest, referred to in article 5, may ask the municipalities under a law, a decree or an order, information other than those referred to in article 3, to provide these data through the national registry; the data thus provided are not preserved in the national register;
13 ° make each year, for the first day of the regular session, report to the federal legislative chambers on the execution of its missions during the past year;
This report is printed and forwarded to the Minister of the Interior and the federal legislative chambers;
It can be accessed or acquired by any interested person.
In the cases referred to in 1 ° and 12 ° of paragraph 1, the sectoral Committee sends within thirty days after its decision a copy thereof to the Minister of the Interior and the Minister of Justice. The King determines, by Decree deliberated in the Council of Ministers and after notice of the sectoral Committee, the cases in which an authorization is not required. » CHAPTER III. -Amendments to the law of 19 July 1991 on the population registers and identity cards and amending the Act of 8 August 1983 organising a national register of natural persons art. 14. article 6 of the law of 19 July 1991 on the population registers and identity cards and amending the Act of 8 August 1983 organising a national register of natural persons, amended by the acts of 24 May 1994 and December 12, 1997, is replaced by the following provision: «art.» 6 § 1. The municipality shall issue to Belgians and aliens admitted or permitted to settle in the Kingdom an identity card worth certificate of registration in the registers of the population.
On the face of the identification referred to in paragraph 1, are affixed at the top, the words 'Belgium', on the one hand, and 'identity card', 'stay of alien card' or "foreign identification card", on the other hand, depending on whether the holder is respectively the quality of Belgian, is a national of a Member State of the European Union or the European economic area or is not a national of a Member State of this Union or of this space.
The words referred to the preceding paragraph are printed on the ID card first in the language of the commune of issuance of the document or in the language chosen by its owner among those permitted for the use in the municipalities referred to in articles 6 to 8 of the laws on the use of languages in administrative matters, coordinated on July 18, 1966, then in the other two national languages and English.
Headings against which are affixed to the identity card, the licensee-specific personal data appear first in the language of the commune of issuance of the document or selected by its owner, according to the distinction made in the previous paragraph, then in English.
§ 2. In addition to the signature of the holder and municipal official issuing the card, the identity card contains information visible personal eye naked and electronically readable.
The information visible has the eye naked and electronically readable personal concerns: 1 ° the name;
2 ° the first two forenames;
3 ° the first letter of the third name;
(4) nationality;
5 ° the place and date of birth;
(6) the 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 officer;
12 ° the identification number of the national register.
Readable electronic personal information are: 1 ° the key ID and signature;
2 ° the certificates of identity and signature;
3 ° the certification service provider accredited;
4 ° the information necessary to map authentication and visible electronic data protection contained on the card and use the certificates qualified y;
5 ° other endorsements, imposed by the laws;
6 ° the main residence of the holder.

The card holder may, if it so wishes, waive the activation of the data referred to in items 1 ° to 3 ° of the preceding paragraph.
§
3. The holder of map may at any time request, using this map or to the municipality in which it is registered in the registers of the population consult electronic data which are recorded on map or can be accessed through it, and has the right to request the correction of his personal data which are not listed in detail complete and accurate on the map.
The card holder has the right to ask, with this card or to the municipality in which it is registered in the registers of the population: 1 ° to consult the information contained in the population register or the national register of natural persons;
2 ° to the rectification of such data if they are not taken up in precise, complete and accurate;
3 ° to all authorities, organizations and individuals who have, over the past six months, accessed or updated its data in the register of the population or the national registry of natural persons, with the exception of administrative and judicial authorities responsible of research and the Suppression of crime.
The King determines the date of entry into force of the right mentioned in the preceding paragraph, 3 °, and the conditions to which the right to consultation and rectification and the inclusion of knowledge referred to in the preceding paragraphs are subjected.
§ 4. Any control automated identification card by optical or other reading processes must be the subject of a royal order made after consultation with the sector the national register Committee referred to in article 15 of the law of 8 August 1983 organising a national register of natural persons.
§ 5. The federal authority puts at the disposal of the municipality, who became owner, 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 indemnity for the insertion on the map of the certificate of identity and signature.
The cost of the original certificate of identity and signature can be taken fully or partially supported by the federal authority.
The accredited certification service provider is authorized to access the information referred to in article 3, paragraph 1, 1 ° and 5 °, of the law of 8 August 1983 organising a national register of natural persons, exclusively for tasks performed under this Act. In this context, it also has the right to use the identification number of the national register.
§ 6. The identity card remains valid for up to five years from the date of issue.
§ 7. The King determines, after the opinion of the Committee on the protection of privacy, established by the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the form and manner of manufacture, issuance and use of the identity card.
It sets the age from which the detention and the port of ID card are required as well as the maximum amount that can be perceived responsibility of the holder upon issuance of the card. ll also determines the authorities and public officials on the requisition that the ID card must be presented.
The signing certificate is not enabled on the identity card of incapable persons under the legislation in force.
§ 8. The manufacturing costs of identity cards are recovered, the intervention of the Minister of the Interior, through the sampling Agency on the account opened on behalf of the Commons with a credit institution which as the case may be, complies with articles 7, 65 or 66 of the law of 22 March 1993 on 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 organising a national register of natural persons, extend the application of the provisions of §§ 1 to 8 to residence permits issued to aliens admitted or permitted to stay in the Kingdom. » Art. 15 an article 6bis, as follows, shall be inserted in the Act: «art.» 6bis. § 1. The national registry of natural persons, established by the Service public federal Interior, maintains a central register of identity cards. This file bears the name of "Register of identity cards" and contains the following data: 1 ° for each holder: identification number of the national register of natural persons, the requested language for the issuance of the identity card and the serial number of the card;
2 ° for each issued identity card: a) the date of application with the date of issuance of the core document, the date of issue, the expiration date of the card, and, where appropriate, the date of destruction;
b) the date of issue and the municipality that issued it;
(c) the serial number of the card;
d) sequence number (first, second, third, etc...)
map);
e) information which indicates that the card is valid, expired or destroyed and, in this case, the reason;
(f) the type of identity card);
(g) indication of the presence or the absence of the function "electronic signature";
(h) the date of the last update;
(i) the date of the last update to the main residence.
§ 2. Commons, via the national register, on the one hand and the company responsible for the production of identity cards and accredited certification, on the other hand, service provider send public service federal Interior - Directorate General of Institutions and the Population - the information necessary for the update of the mentioned file under the § 1.
§
3. The King determines, by Decree deliberated in the Council of Ministers, persons with access to this file, after the opinion of the Committee on the protection of private life, established by the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data.
» Art. 16. an article 6ter, worded as follows, shall be inserted in the Act: «art.»
6ter. in case of loss, theft or destruction of the electronic identity card, holder made a statement in the municipal administration during office hours. The communal administration provides proof of loss, theft or destruction of the identity card. In case of theft, the holder may also submit a complaint to the police. The municipality loads the service provider certification through the national register to suspend or withdraw the electronic function of the identity card.
In the event of loss, theft or destruction of outside office hours electronic ID card, holder made a statement to the helpdesk of the national register of natural persons. The holder after this statement may receive from the municipal administration proof of loss, theft or destruction of the identity card. In case of theft, the holder may also submit a complaint to the police. The helpdesk shall suspend the electronic function of the identity card or is removed. The helpdesk is operational at all times.
The suspension consists of what the electronic function of the identity card is temporarily turned off. The withdrawal is that the electronic function of the identity card is permanently switched off.
The King fixed the detailed rules of the functioning the helpdesk and the suspension or the withdrawal of identity lost, stolen or destroyed card. » Art. 17. an article 6quater, worded as follows, shall be inserted in the Act: «art.» 6quater. all persons involved in the performance of their duties, in the collection, processing or transmission of information are held to professional secrecy. In addition, they must all diligence to keep information up-to-date, correct wrong information and delete information outdated or obtained by unlawful or fraudulent means.
They must take any useful precaution to ensure the security of recorded information and, in particular, to prevent being misrepresented, damaged or communicated to persons who have not obtained permission to become acquainted.
They must ensure the appropriateness of the programs used for the automatic processing of information as well as the regularity of their application.
They shall ensure the regularity of the transmission of information. » Art. 18. an article 6quinquies, worded as follows, shall be inserted in the Act: «art.» 6. the King may determine standards and the technical and functional specifications to be met by devices and applications that make it possible to read and update included electronic data on the identity card.
It can also regulate the advertising, sale, purchase, lease, possession and transmission of these devices and applications. » Echapitre IV. -Transitional provisions and final arts.
19 § 1. Royal, took orders in pursuance of article 6 of the law of 19 July 1991 on the population registers and identity cards and amending the law of 8 August 1983 organising a national register of natural persons, remain in force until the complete renewal of ID cards.
The Minister of the Interior determines by order published in the Belgian Official Gazette the date on which the renewal is complete.

The King takes the necessary transitional measures for the period of renewal of identification cards, including in the event of change of domicile.
The decision to proceed with the widespread introduction of the electronic identity card will be taken by royal decree deliberated in the Council of Ministers, after an assessment by the Council of Ministers and by the competent commission of the Chamber.
§ 2. The Royal Decrees authorising access to the national registry, the communication of information and the use of the identification number of the national register in accordance with articles 5, 6, 8 and 9 of the Act of 8 August 1983 organising a national register of natural persons, shall continue to apply after the entry into force of this Act.
§ 3. New applications and the current procedures for accessing the national registry and the use of the identification number of the national register are treated by the sector, referred to in article 15 of the above-mentioned Act of 8 August 1983 from the designation of the members of the Committee sectoral Committee. The sectoral Committee sends within thirty days after its decision a copy thereof to the Minister of the Interior and the Minister of Justice.
The King determines, by Decree deliberated in the Council of Ministers and after notice of the sectoral Committee, the cases in which an authorization is not required.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 25 March 2003.
ALBERT by the King: the Deputy Prime Minister and Minister of Budget, J. VANDE LANOTTE the Minister of the Interior, A. DUQUESNE, Minister public service and the modernization of the Administration, L. VAN DEN BOSSCHE. the Minister of Justice, M.
VERWILGHEN Minister of the economy and scientific research, c. PICQUÉ sealed with the seal of the State: the Minister of Justice, Mr. VERWILGNEN Note (1) Regular Session 2002-2003.
House of representatives.
Parliamentary papers. -Bill, no. 2226/1. -Opinion of the Committee for the protection of privacy, no. 2226/2. -Notice of the State Council, no. 2226/3. -Amendments, no. 2226/4. -Report, n ° 2226/5. -Text adopted by the commission, no. 2226/6. -Text adopted in plenary meeting and transmitted to the Senate, no. 2226/7.
Compte rendu intégral.
-20 February 2003.
Senate.
Parliamentary papers. -Project referred to by the Senate, no. 2-1494/1. -Report, n ° 2-1494/2. -Decision not to amend, no. 2 - 1494/3.
Annals of the Senate.
-13 March 2003.