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25 DECEMBER 2016. - An Act to amend the Criminal Code and the Criminal Code to improve specific research methods and certain investigative measures relating to the Internet, electronic communications and telecommunications and to create a data bank for voice prints

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
PART 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
PART 2. - Amendments to the Code of Criminal Investigation
Art. 2. In section 39bis of the Code of Criminal Investigation, inserted by the Act of 28 November 2000 and amended by the Act of 6 June 2010, the following amendments are made:
1° paragraph 1^er is completed by the words "or part of it."
Paragraph 2 is replaced by the following:
"§2. Research in a computer system or part of it that has been seized may be decided by a judicial police officer.
Without prejudice to paragraph 1^er, the King's prosecutor may order a search in a computer system or part of it that may be seized by him.
The research referred to in subparagraphs 1^er and 2 may only extend to data saved in the computer system that is either seized or likely to be seized. For this purpose, each external link of this computer system is prevented before the search is started. ";
Paragraph 3 is replaced by the following:
§ 3. The King's Prosecutor may extend the search into a computer system or part of it, initiated on the basis of paragraph 2, to a computer system or part of it that is located in another place than that where the search is carried out:
- if this extension is necessary for the manifestation of the truth in respect of the offence that is the subject of the search; and
- if other measures would be disproportionate, or if there is a risk that, without this extension, evidence will be lost.
The extension of the search in a computer system cannot exceed the computer systems or parts of such systems to which people authorized to use the computer system that is the subject of the measurement have specifically access.
With respect to the data collected by the extension of the research into a computer system, which is useful for the same purposes as those provided for the seizure, the rules set out in paragraph 6 apply.
When it turns out that these data are not in the territory of the Kingdom, they can only be copied. In this case, the King's Attorney shall forthwith communicate this information to the Federal Public Service Justice, which shall inform the competent authorities of the State concerned, if it may reasonably be determined.
In the event of an extreme emergency, the King's Prosecutor may orally order the extension of the search referred to in paragraph 1^er. This order is confirmed in writing as soon as possible, with mention of the reasons for the extreme emergency. ";
Paragraph 4 is replaced by the following:
§ 4. Only the investigating judge may order a search in a computer system or part of it other than the research referred to in paragraphs 2 and 3:
- if this search is necessary for the manifestation of the truth in respect of the offence that is the subject of the research; and
- if other measures would be disproportionate, or if there is a risk that, without this research, evidence will be lost.
In the event of an extreme emergency, the investigating judge may orally order the extension of the search referred to in paragraph 1^er. This order is confirmed in writing as soon as possible, with mention of the reasons for the extreme emergency. ";
Paragraph 5 is replaced by the following:
§ 5. In order to allow the measures referred to in this article, the Crown Prosecutor or the investigating judge may also, without the consent of the owner or the owner or the user, order, at any time:
- the temporary removal of any protection of the relevant computer systems, if any, using technical means, false signals, false keys or false qualities;
- installation of technical devices in the relevant computer systems for the decryption and decoding of data stored, processed or transmitted by this system.
However, only the investigating judge may order this temporary removal of protection or installation of technical devices where this is specifically necessary for the purposes of paragraph 3. ";
Paragraph 6 is replaced by the following:
§ 6. If stored data are found in the relevant computer systems that are useful for the same purposes as those provided for the seizure, but that the input of the support is not desirable, these data, as well as the data necessary to understand them, are copied on materials belonging to the authority. In the event of an emergency or for technical reasons, it may be made use of materials that are available for persons authorized to use the computer system.
In addition, the appropriate technical means are used to prevent access to these data in the computer system, as well as copies of these data that are available to persons authorized to use the computer system, as well as to ensure their integrity.
Where the measure provided for in paragraph 1^er is not possible, for technical reasons or because of the volume of data, the King's prosecutor uses the appropriate technical means to prevent access to these data in the computer system, as well as copies of these data that are available to persons authorized to use the computer system, as well as to ensure their integrity.
If the data constitutes the object of the offence or has been produced by the offence and if it is contrary to public order or good morals or constitutes a danger to the integrity of computer systems or for data stored, processed or transmitted through such systems, the Crown Prosecutor shall use all appropriate technical means to make such data inaccessible or, after taking a copy, remove it.
However, except in the case set out in paragraph 4, it may authorize the subsequent use of the whole or part of that data, where it does not pose a danger to the prosecution.
In the event of an extreme emergency and if it is clearly an offence referred to in Articles 137, § 3, 6°, 140bis or 383bis, § 1^er, from the Criminal Code, the King's Attorney may orally order that all appropriate means be used to make data that form the subject of the offence or have been produced by the offence and that are contrary to public order or morality. This order is confirmed in writing as soon as possible, with mention of the reasons for the extreme urgency. ";
7° the article is supplemented by paragraphs 7 and 8 as follows:
"§ 7. Unless his or her identity or address cannot be reasonably found, the Crown Prosecutor or the investigating judge shall inform as soon as possible, the head of the computer system of research in the computer system or its extension. If necessary, it shall provide a summary of the data that has been copied, made inaccessible or withdrawn.
§ 8. The King's Prosecutor uses the appropriate technical means to ensure the integrity and confidentiality of this data.
Appropriate technical means are used for their retention in the Registry.
The same rule applies, where data that is stored, processed or transmitted in a computer system is entered with their support, in accordance with the preceding sections. ".
Art. 3. In the same Code, an article 39ter is inserted as follows:
"Art. 39ter. § 1^er. When searching for crimes and offences and without prejudice to the competences referred to in articles 39bis, 46bis and 88bis and articles XII.17, XII.18, XII.19 and XII.20 of the Economic Law Code, any judicial police officer may, if there are reasons to believe that data stored, processed or transmitted by means of a computer system are particularly liable for loss or modification, order, by a written and motivated decision,
The reasoned written decision states:
- the name and quality of the judicial police officer who requests the conservation;
- the offence under investigation;
- data to be retained;
- the data retention period, which cannot exceed nonante days. This period may be extended in writing.
In an emergency, conservation may be ordered verbally. It must be confirmed as soon as possible in the form provided for in paragraph 2.
§ 2. Individuals or legal persons referred to in paragraph 1^erParagraph 1^erensure that data integrity is ensured and that data is kept securely.
§ 3. Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance, is required to keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
Any person who refuses to cooperate, or who destroys, destroys or amends the data stored, shall be punished by imprisonment from six months to one year or a fine of twenty-six euros to twenty thousand euros or only one of those penalties."
Art. 4. In the same Code, an article 39quater is inserted as follows:
"Art. 39quater. § 1^er. Without prejudice to the possibilities of direct collaboration with electronic communications resal operators and foreign electronic communications service providers, the King's Prosecutor may, through the police service designated by the King, request a foreign competent authority to order or impose in another way the rapid storage of data stored, processed or transmitted by means of a computer system that is located in the competent territory of that competent judicial authority and on which the subject has a Belgian request
The request for conservation is in writing and states:
- the name and quality of the authority requesting conservation;
- the offence that is the subject of the application and a summary of the facts relating to it;
- the data to be retained and the connection to the offence;
- all available information regarding the data repository or the location of the computer system;
- the need for conservation;
- the submission of a request for mutual legal assistance with respect to the retained data;
- where applicable, the fact that the data that must be retained refers to another State other than the State of the competent foreign authority.
§ 2. Where such a possibility is provided in an instrument of international law linking Belgium and another State, a competent authority of that State may request the police service designated by the King to order or otherwise impose the rapid retention of data stored, processed or transmitted by means of a computer system that is located in Belgian territory and on which that foreign judicial authority intends to submit a request for mutual legal assistance.
The request for conservation is in writing and states:
- the name and quality of the authority requesting conservation;
- the offence that is the subject of the application and a summary of the facts relating to it;
- the data to be retained and the connection to the offence;
- all available information regarding the data repository or the location of the computer system;
- the need for conservation;
- the submission of a request for mutual legal assistance with respect to the retained data;
- where applicable, the fact that the data that must be retained refers to another State other than the State of the competent foreign authority.
Upon receipt of the request referred to in paragraph 2, the police service referred to in paragraph 1^er informs the Crown Prosecutor or the competent investigating judge and shall take all appropriate measures to proceed without delay to the early retention of the data defined in accordance with section 39ter.
Without prejudice to the instruments of international law binding Belgium on mutual legal assistance and promoting it, a request for conservation may be rejected only by the Crown Prosecutor or the competent examining magistrate:
- if the application concerns an offence considered by Belgium as a political offence or a fact related to a political offence, or
- if the execution of the application is likely to affect the sovereignty, security, public order or other essential interests of Belgium.
If the police service referred to in paragraph 1^er considers that simple storage will not be sufficient to ensure the future availability of the data, or will compromise the confidentiality of the investigation of the competent foreign authority or otherwise interfere with it, it shall promptly inform the competent foreign authority, which then decides whether the application should be carried out.
A conservation made in response to a request referred to in paragraph 1^er is valid for a period of not less than sixty days in order to offer the competent foreign authority the possibility of submitting an application for mutual legal assistance. Upon receipt of such a request, the data remains retained pending a decision on the application.
If the data that is stored, processed or transmitted through a computer system refer to another State other than the requesting State of the competent foreign authority, the police service referred to in paragraph 1^er informs the Crown Prosecutor or the competent investigating judge. The latter shall, as soon as possible, disclose to the competent foreign authority a quantity of identification or appeal data sufficient to find out who is the operator of the electronic communications network or the provider of the electronic communications service and how the communication was sent. ".
Art. 5. In section 46bis of the same Code, inserted by the Act of 10 June 1998 and last amended by the Act of 29 May 2016, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. By searching for crimes and offences, the Crown Prosecutor may, by a reasoned and written decision, proceed or cause to proceed on the basis of any data held by the Crown, or by means of access to the files of the clients of the actors referred to in paragraph 2, first and second dashes, to:
1° the identification of the subscriber or the usual user of a service referred to in paragraph 2, second dash, or of the electronic means of communication used;
2° the identification of the services referred to in paragraph 2, second dash, to which a specified person is a subscriber or that are usually used by a specified person.
If necessary, it may require, directly or through the police service designated by the King, the collaboration:
- the operator of an electronic communications network, and
- any person who makes a service available or offers on Belgian territory in any way that involves transmitting signals via electronic communications networks or allowing users to obtain, receive or disseminate information via an electronic communications network. Also included is the supplier of an electronic communications service.
The motivation reflects the proportionality of respect for privacy and subsidiary to any other duty of inquiry.
In the event of an extreme emergency, the King's Attorney may orally order this measure. The decision is confirmed in writing as soon as possible.
For offences that are not likely to result in a primary correctional imprisonment of one year or a heavier sentence, the King's Attorney may not require the data referred to in paragraph 1^er for a period of six months prior to its decision. ";
(b) in paragraph 2, paragraph 1^er is replaced by the following:
"The actors referred to in § 1^er, paragraph 2, 1^er and 2nd dashes required to disclose the data referred to in paragraph 1^er provide the Crown Prosecutor or the judicial police officer with real-time data or, where appropriate, at the time specified in the requisition, in the manner determined by the King, on the proposal of the Minister of Justice and the competent Minister for Telecommunications. ";
(c) in paragraph 2, the last paragraph shall be replaced by the following:
"Any person who refuses to disclose the data or who does not communicate it in real time or, if any, at the time specified in the requisition is liable to a fine of twenty-six euros to ten thousand euros."
Art. 6. In section 46quinquies of the same Code, inserted by the Act of 27 December 2005, the following amendments are made:
(a) in paragraph 1^er, the words "and to open the closed objects in this place," are inserted between the words "at any time in a private place" and "without the owner";
(b) in paragraph 2, the words "in the private place referred to in § 1^er," are replaced by the words "the private place referred to in paragraph 1^er, and the opening of closed objects located on this place ,
(c) in paragraph 2, 3°, the words "to install in the context of an observation" are replaced by the words "to install, repair or remove in the context of an observation";
(d) Paragraph 2 shall be supplemented by a 4th word, as follows:
"4° to replace the objects carried in accordance with paragraph 5. ";
(e) the article is supplemented by paragraphs 5, 6 and 7 as follows:
§ 5. If the examination of an object referred to in paragraph 1^er cannot be done on site and if the information cannot be obtained in any other way, the police service is authorized to carry this object for a strictly limited time. The subject-matter is put in place as soon as possible, unless it interferes with the proper conduct of the investigation.
§ 6. As part of the measure referred to in paragraph 1^erpenetration into a computer system is only possible for the purposes referred to in paragraph 2, 3°.
§ 7. The judicial police officer who directs the enforcement of the measure referred to in paragraph 1^er or Article 89ter, § 1^er, write a report of the course of measurement. When closed objects are opened or applied in accordance with paragraph 5 during the performance of the measure, reference is made in the minutes. The report is attached to the repressive file no later than after it was terminated. ".
Art. 7. In the same Code, an article 46sexies is inserted as follows:
"Art. 46sexies. § 1^er. In the search for crimes and offences, if the necessity of the investigation requires it and the other means of investigation do not appear to be sufficient for the manifestation of the truth, the King's prosecutor may authorize the police services referred to in paragraph 2 to maintain, if necessary under a fictitious identity, contacts on the Internet with one or more persons concerning whom there are serious clues that they are committing a serious offence or committing a prison sentence
The King shall determine the conditions, including with respect to training, and the terms and conditions for the designation of the police services authorized to perform the measure referred to in this article.
In exceptional circumstances and with the express authorization of the King's Prosecutor, the Police Service Officer referred to in paragraph 2 may, as part of a specified operation, use the expertise of a person who is not a member of the police services at an instant interval if it is strictly necessary for the success of his or her mission. The authorization and identity of the person is retained in the record referred to in paragraph 3, paragraph 7.
This section does not apply to the personal interaction of police officers, in the exercise of their judicial police missions, with one or more people on the Internet, who has for direct purpose only a targeted audit or arrest, and this without using credible fictitious identity.
§ 2. The measure referred to in § 1^er is ordered by the King's Prosecutor by a written and reasoned prior authorization. This authorization is valid for a period of three months, subject to renewal.
In the event of an emergency, authorization may be given verbally. It must be confirmed as soon as possible in the form provided for in paragraph 1^er.
§ 3. Police officers who, in the course of their mission and for the success of their mission or in order to guarantee their own safety or that of other persons affected by the measure, commit strictly necessary offences, with the express agreement of the Crown Prosecutor.
These offences may not be more serious than those for which the measure is used and must necessarily be proportional to the intended objective.
Paragraphs 1^er and 2 are also applicable to persons who have provided direct assistance or assistance to carry out this mission and to persons referred to in § 1^erParagraph 3.
A judge who, in accordance with this Code, authorizes a police officer and the person referred to in paragraph 3 to commit offences under the enforcement of the measure, shall not be liable to any penalty.
Police officers shall, in writing and prior to the execution of the measure, communicate to the Crown Prosecutor the offences that they or persons referred to in paragraph 3 intend to commit.
If this prior notice could not be made, the police officers promptly inform the King's prosecutor of the offences that they or the persons referred to in paragraph 3 have committed and then give written confirmation.
The King's Prosecutor states in a separate written decision the offences that may be committed by the police and the persons referred to in paragraph 3 as part of the measure ordered. This decision is kept in a separate and confidential file. He is the only one who has access to this file, without prejudice to the right of consultation of the examining magistrate and the board of indictments referred to in article 56bis and articles 235ter, § 3, and 235quater, § 3. The content of this file is covered by professional secrecy.
§ 4. The judicial police officer responsible for the investigation shall prepare the minutes of the various phases of the execution of this measure, including the relevant contacts. These minutes are attached to the file by the end of the measure.
The contacts referred to in paragraph 1^er are registered with the appropriate technical means and attached to the file or filed in the registry, in a digital or non-digital form, no later than after the end of the measure.
§ 5. The Crown Prosecutor shall be responsible for the execution of the authorizations of the measure referred to in § 1^erParagraph 1^er, granted by the examining magistrate in the course of an instruction, in accordance with Article 56bis.
The King's Prosecutor shall, at that time, specify in a separate written decision the offences that may be committed by the police and the persons referred to in § 3, paragraph 3, within the framework of the measure ordered by the investigating judge. This decision is retained in the file referred to in § 3, paragraph 7.".
Art. 8. In section 47 of the Code, inserted by the Act of 6 January 2003 and amended by the Act of 27 December 2005, the following amendments are made:
(a) in paragraph 3, the first paragraph shall be replaced by the following:
"1° the serious evidence of the offence that justifies the observation or, if the observation falls within the framework of the proactive investigation defined in article 28bis, § 2, the reasonable suspicion that punishable acts are to be committed or have been committed but are not yet known, and the particular evidence relating to the elements described in the latter provision, which justify the observation; ";
(b) in paragraph 3, 5°, the words "one month" are replaced by the words "three months".
(c) in paragraph 5, the words "in paragraph 1^er"are replaced by the words "in paragraph 3".
Art. 9. In section 47octies of the same Code, inserted by the Act of 6 January 2003, amended by the Acts of 27 December 2005 and 29 December 2010, the following amendments are made:
(a) in paragraph 3, the 1st is supplemented by the words "or, if the infiltration is part of the proactive investigation defined in article 28bis, § 2, the reasonable suspicion that punishable acts are to be committed or have been committed but are not yet known, and the particular indices relating to the elements described in the latter provision, which justify infiltration; ";
(b) in paragraph 5, the words "in paragraph 1^er"are replaced by the words "in paragraph 3".
Art. 10. In section 47undecies of the same Code, inserted by the Act of 6 January 2003, annulled by Constitutional Court Decision No. 202/2004, reinstated by the Act of 27 December 2005 and partially annulled by Constitutional Court Decision No. 105/2007, paragraph 4 is repealed.
Art. 11. In section 56bis of the same Code, inserted by the Act of 6 January 2003 and amended by the Act of 27 December 2005, the following amendments are made:
1° in paragraph 1^er, the words "a measure referred to in Article 46sexies or" are inserted between the words "he orders" and the words "special methods";
2° in paragraph 1^er, the second sentence is replaced by the phrase "It is done, as the case may be, in accordance with article 46sexies or articles 47ter to 47novies. ";
3° paragraph 4 is supplemented by the following sentence:
"These people are held in secret. Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
Art. 12. In section 88bis of the same Code, inserted by the Act of 11 February 1991 and last amended by the Act of 29 May 2016, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. If there are serious indications that offences are likely to result in a primary correctional imprisonment of one year or a heavier sentence, and where the investigating judge considers that there are circumstances that make the identification of electronic communications or the location of the origin or destination of electronic communications required for the manifestation of the truth, it may proceed:
1° to the identification of traffic data from electronic means from which or to which electronic communications are addressed or have been addressed;
2° to the location of the origin or destination of electronic communications.
If necessary, it may require, directly or through the police service designated by the King, the collaboration:
- the operator of an electronic communications network; and
- any person who makes a service available or offers on Belgian territory in any way that involves transmitting signals via electronic communications networks or allowing users to obtain, receive or disseminate information via an electronic communications network. Also included is the supplier of an electronic communications service.
In cases referred to in paragraph 1^er, for each electronic means of communication whose appeal data are identified or where the origin or destination of the telecommunications is located, the day, time, duration and, if necessary, the place of electronic communication is indicated and recorded in a minutes.
The examining magistrate indicates the factual circumstances of the case that justify the measure, its proportional nature in respect of privacy and subsidiary to any other duty of inquiry, in a reasoned order.
It also specifies the period during which the measure may apply for the future, that period not exceeding two months from the date of the order, without prejudice to renewal and, where applicable, the period for the past on which the order extends in accordance with paragraph 2.
In cases of flagrante delicto, the King's Prosecutor may order the measure for offences referred to in Article 90ter, §§ 2, 3 and 4. In this case, the measure must be confirmed within 24 hours by the examining magistrate.
If, however, this is the offence referred to in section 137, 347bis, 434 or 470 of the Criminal Code, except for the offence referred to in section 137, § 3, 6°, of the same Code, the Crown Prosecutor may order the measure as long as the situation of flagrante delicto continues, without a confirmation by the investigating judge being necessary.
If this is the offence referred to in section 137 of the Criminal Code, with the exception of the offence referred to in section 137, § 3, 6°, of the same Code, the King's Attorney may also order the measure within seventy-two hours of the discovery of this offence, without a confirmation by the investigating judge being necessary.
However, the King's Attorney may order the measure if the complainant so requests, where this is essential to the establishment of an offence under section 145, § 3 and § 3bis of the Act of June 13, 2005 on electronic communications.
In the event of an emergency, the measure may be ordered verbally. It must be confirmed as soon as possible in the form provided for in paragraphs 4 and 5. ";
(b) in paragraph 3, paragraph 2 is supplemented by the following sentence:
"These people are held in secret. Any violation of the secret shall be punished in accordance with Article 458 of the Criminal Code.".
(c) in paragraph 4, paragraph 1^er is replaced by the following:
"The actors referred to in § 1^er, paragraph 2, shall communicate the information requested in real time or, where appropriate, at the time specified in the requisition, in accordance with the terms and conditions established by the King, on the proposal of the Minister of Justice and the competent Minister for Telecommunications. ";
(d) in paragraph 4, paragraph 3 is replaced by the following:
"Every person who refuses to lend his technical assistance to the requisitions referred to in this section, contests whose terms are fixed by the King, on the proposal of the Minister of Justice and the competent minister for Telecommunications, or does not lend him in real time or, if any, at the time specified in the requisition, shall be punished by a fine of twenty-six euros to ten thousand euros."
Art. 13. Section 88ter of the same Code, inserted by the Act of 28 November 2000, is repealed.
Art. 14. In section 88quater of the same Code, inserted by the Act of 28 November 2000 and amended by the Act of 6 June 2010, the following amendments are made:
1° in paragraph 1^er, the words "to persons whose it presumes that they have one" are replaced by the words "to anyone whom he presumes that he has ", and the words "or his extension referred to in article 39bis, § 3" are inserted between the words "that is the object of the search" and the words "or services that allow to protect";
Paragraph 3 is replaced by the following:
§ 3. Who refuses to provide the orderly collaboration to §§ 1^er and 2 or which obstructs research or its extension in the computer system, is punishable by imprisonment from six months to three years and a fine of twenty-six euros to twenty thousand euros or only one of these penalties.
If the collaboration referred to in paragraph 1^er may prevent the commission of a crime or offence or may limit its effects and that such collaboration is not provided, penalties are imprisonment for one to five years and a fine of five hundred euros to fifty thousand euros.".
Art. 15. In section 89ter of the same Code, inserted by the Act of 6 January 2003 and replaced by the Act of 27 December 2005, paragraph 1^er is replaced by the following:
"As part of the enforcement of the measure provided for in section 46quinquies, and under the conditions and for the purposes it sets out, only the investigating judge may authorize the police service designated by the King to:
- enter at any time in a private place other than that referred to in Article 46quinquies, § 1^er, including opening closed objects located in that place, without the knowledge of the owner or the owner or the owner or the occupant, or without the consent of the owner;
- to enter into a computer system and to explore it, without the knowledge of the owner, the owner or the user or without their consent, without prejudice to the possibility for the King's attorney to authorize the introduction into a computer system within the limits of Article 46quinquies, § 6.".
Art. 16. In Book 1, Chapter VI, Section II, subsection II of the same Code, the title of paragraph 6 is replaced by the following:
§ 6. Intercept, learn, explore and record communications not accessible to the public or data from a computer system or part of it.".
Art. 17. In section 90ter of the same Code, inserted by the Act of 30 June 1994 and last amended by the Act of 20 July 2015, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. Without prejudice to the application of sections 39bis, 87, 88, 89bis and 90, the investigating judge may, for a secret purpose, intercept, read, explore and record, using technical means, communications not accessible to the public or data from a computer system or part of it, or extend the research into a computer system or part of it.
This measure can only be ordered in exceptional cases, where the necessity of the instruction requires it, if there are serious indications that this applies to an offence referred to in paragraph 2, and if the other means of investigation are not sufficient for the manifestation of the truth.
In order to allow this measure, the examining magistrate may also, without the knowledge or consent of the occupant, owner or owner or user, order, at any time:
- penetration into a home, private place or computer system;
- the temporary removal of any protection of the relevant computer systems, if any, using technical means, false signals, false keys or false qualities;
- installation of technical devices in the relevant computer systems for the decryption and decoding of data stored, processed or transmitted by this system.
The measure referred to in this paragraph may only be ordered to seek data that may be used for the manifestation of the truth. It may be ordered only in respect of persons suspected, on the basis of specific indexes, of having committed the offence, either in respect of the means of communication or computer systems regularly used by a suspect or in respect of alleged places frequented by the suspect. It may also be ordered in respect of alleged persons, on the basis of specific facts, to be in regular communication with a suspect.";
(b) Paragraph 2 is replaced by the following:
"§2. Offences that may justify the measure referred to in paragraph 1^er are those that are targeted:
1° to articles 101 to 110 of the Criminal Code;
2° to articles 136bis, 136ter, 136quater, 136sexies and 136ssepties of the same Code and section 41 of the Act of 29 March 2004 concerning cooperation with the International Criminal Court and international criminal tribunals;
3° in Book II, title Iter, of the same Code;
4° to section 147 of the same Code;
5° to articles 160, 161, 162, 163, 168, 171, 173 and 176 of the same Code;
6° to articles 180 and 186 of the same Code;
7° to section 210bis of the same Code;
8° to articles 246, 247, 248, 249 and 250 of the same Code;
9° to article 259bis of the same Code;
10° to article 314bis of the same Code;
11° to articles 324bis and 324ter of the same Code;
12° to sections 327, 328, 329 and 330 of the same Code, provided that a complaint has been filed;
13° to article 331bis of the same Code;
14° to article 347bis of the same Code;
15° to articles 372 to 377bis of the same Code;
16° to article 377quater of the same Code;
17° to articles 379, 380 and 383 bis, §§ 1^er and 3 of the same Code;
18° to Article 393 of the same Code;
19° to articles 394 and 397 of the same Code;
20° to articles 428 and 429 of the same Code;
21° to article 433bis/1 of the same Code;
22° to articles 433quinquies at 433octies of the same Code;
23° to Article 434 of the same Code;
24° to articles 468, 470, 471 and 472 of the same Code;
25° to Article 475 of the same Code;
26° in book II, title IX, chapter I^er, section 2bis, and chapter I^erbis of the same Code;
27° to articles 504bis and 504ter of the same Code;
28° to Article 504quater of the same Code;
29° to Article 505, paragraph 1^er, 1° of the same Code when the things concerned have been removed, diverted or obtained by the use of a crime or offence referred to in that article;
30° to Article 505, paragraph 1^er2°, 3° and 4° of the same Code;
31° to articles 510, 511, paragraph 1^erand 516 of the same Code;
32° to section 520 of the same Code, if the circumstances referred to in sections 510 or 511, paragraph 1^erof the same Code;
33° to articles 550bis and 550ter of the same Code;
34° to section 2bis of the Act of 24 February 1921 concerning the trafficking of poisonous, soporific, narcotic, psychotropic, disinfectant or antiseptic substances and substances that may be used for the illicit manufacture of narcotic and psychotropic substances;
35° to the Act of 28 May 1956 on explosive or deflagrated substances and mixtures and equipment that are loaded with them;
36° article 1^er of the Royal Decree of April 12, 1974 concerning certain operations concerning hormone, anti-hormonal, anabolic, beta-adrenergy, anti-infectious, pest control and anti-inflammatory substances, the aforementioned article for offences punishable under the Act of February 24, 1921 concerning the trafficking of poisonous, soporific, narcotic, disinfectant substances. ";
37° to articles 77bis to 77quinquies of the Act of 15 December 1980 concerning access to territory, residence, establishment and removal of aliens;
38° to Article 10, § 1^er, 2°, of the Act of 15 July 1985 relating to the use of hormone-effect substances, anti-hormonal effect, beta-adrenergic effect or stimulator effect of production in animals;
39° to section 10 of the Act of 5 August 1991 on the import, export and transit of arms, ammunition and equipment to be used specifically for military use and related technology;
40° to Article 145, §§ 3 and 3bis, of the Act of 13 June 2005 on electronic communications;
41° to articles 8 to 11, 14, 16, 19, 1°, 2°, 3°, 5° and 6°, 20, 22, 27 and 33 of the law of 8 June 2006 regulating economic and individual activities with weapons, also known as the " Weapons Act";
42° to Articles 21 to 26 of the Cooperation Agreement of 2 March 2007 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the implementation of the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, made in Paris on 13 January 1993;
43° to Article 47 of the decree of the Flemish Parliament of 15 June 2012 concerning the import, export, transit and transfer of defence-related products, other military-use equipment, law enforcement equipment, civilian firearms, parts and ammunition;
44° to Article 20 of the Decree of the Walloon Region of 21 June 2012 on the import, export, transit and transfer of civilian weapons and products related to defence;
45° to Article 42 of the Order of the Brussels-Capital Region of 20 June 2013 relating to the import, export, transit and transfer of products related to defence, other equipment that may be used for military use, equipment related to the maintenance of order, firearms for civilian use, their parts, accessories and ammunition;
(c) in paragraphs 3 and 4, the words "monitoring measures" are replaced each time by the word "measurement";
(d) Paragraph 5 is replaced by the following:
§ 5. In cases of flagrante delicto and as long as the situation of flagrante delicto continues, the Crown Prosecutor may order the measure referred to in paragraph 1^er for offences under articles 137, 347bis, 434 or 470 of the Criminal Code. In addition, in cases of flagrante delicto, the King ' s Prosecutor may order the measure referred to in paragraph 1^er for offences referred to in Article 137 of the Criminal Code, except for the offence referred to in Article 137, § 3, 6°, of the same Code, within seventy-two hours after the discovery of the offence.
The authorization may be given verbally and must be confirmed in writing as soon as possible."
(e) in paragraph 6, paragraph 1^er, the words "temporarily listen, learn and record, during their transmission, private telecommunications" are replaced by the words "intercept, learn and record communications not accessible to the public or data from a computer system".
Art. 18. Section 90quater of the same Code, inserted by the Act of 30 June 1994 and last amended by the Act of 5 February 2016, is replaced by the following:
"Art. 90quater. § 1^er. Any action on the basis of section 90ter shall be subject to a written prior and motivated authorization of the investigating judge, which the investigating judge shall communicate to the Crown Prosecutor.
The authorization is dated and indicates:
1° the indices and the concrete and specific facts of the cause which justify the measure in accordance with Article 90ter;
2 the reasons for which the measure is indispensable to the manifestation of the truth;
3° the person, means of communication, computer system or place subject to measurement;
4° the period during which the measure can be executed and which cannot exceed one month. This period begins on the day of the ordering authorization or, in the case of article 90quinquies, paragraph 1^erextending the measure and ending on the eve of the next month;
5° the name and quality of the officer or judicial police officers committed for the execution of the measure.
In the event of an emergency, authorization may be given verbally. It is confirmed in the form provided for in paragraph 2 no later than 24 hours.
§ 2. In order to allow the measure referred to in Article 90ter, § 1^er, the investigating judge may request, directly or through the police service designated by the King, the contest:
- the operator of an electronic communications network;
- any person who makes a service available or offers on Belgian territory in any way that involves transmitting signals via electronic communications networks or allowing users to obtain, receive or disseminate information via an electronic communications network. Also included is the supplier of an electronic communications service.
Any person who, from the head of his or her office, is aware of the measure or lends his or her assistance, is required to keep the secret. Any breach of secrecy is punishable under section 458 of the Criminal Code.
Any person who refuses to lend technical assistance to requisitions referred to in paragraph 1^er, contest whose terms are fixed by the King, on the proposal of the Minister of Justice and the competent minister for Telecommunications, or does not lend it in real time or, if any, at the time specified in the requisition, is punished by a fine of twenty-six euros to twenty thousand euros.
§ 3. The investigating judge may not commit to the enforcement of the measure referred to in Article 90ter, § 1^eronly judicial police officers. They may, however, be assisted by judicial police officers and, under the conditions established by the King, by officials of the administrative and logistical framework of the integrated police. These latter persons may not be responsible for the analysis of the contents of the recorded communications or data, unless it is a specific expertise, or for the selection of the estimated parties relevant to the instruction, as provided for in Article 90sexies, § 1^erTwo.
Judicial police officers retain the names of persons who can attend them in a separate list for each file in accordance with the terms and conditions established by the King, following the advice of the Commission for the Protection of Privacy. If these persons are responsible for the execution of the order referred to in Article 90ter, § 1^er, paragraph 3, their name is not mentioned in the judicial record.
Judicial police officers committed shall report in writing at least every five days to the investigating judge on the enforcement of the authorization.
§ 4. The investigating judge may require, directly or through the police service designated by the King, persons whose presumption is that they have a particular knowledge of the means of communication or of the computer system that is the subject of the measure or of services or applications that allow to protect, code or encrypt the data that is stored, processed or transmitted by a means of communication or a computer system, that they provide information on the operation and
It may order people to make this content accessible in the form it wishes.
Any person who refuses to lend technical assistance to requisitions referred to in paragraph 1^er and 2 is punished by imprisonment from six months to one year and a fine of twenty-six euros to twenty thousand euros or only one of these penalties.
Any person who, from the head of his or her office, is aware of the measure or is required to lend his or her technical assistance to it, is held incommunicado. Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 5. Where applicable, Article 39bis, § 3, paragraph 4, is applicable to data collected by a search in a computer system pursuant to Article 90ter, § 1^er".
Art. 19. In section 90quinquies of the same Code, inserted by the Act of 30 June 1994, the following amendments are made:
1st paragraph 1^er is replaced by the following:
"The examining magistrate may extend the effects of his or her authorization referred to in Article 90quater, § 1^er, for a new term that cannot exceed one month, with a maximum of six months, without prejudice to its decision to terminate the measure as soon as the circumstances that justified it have disappeared. This six-month period begins on the day of the first authorization ordering the measure and ends on the eve of the sixth month following. If the measure, due to its technical preparation, has actually started one day after the first authorization, this six-month period begins at the time of this effective beginning and no later than two months after the day of the first authorization. ";
2° in paragraphs 2 and 3, the word "Order" is replaced by the word "authorisation".
Art. 20. Section 90sexies of the same Code, inserted by the Act of 30 June 1994 and amended by the Acts of 10 June 1998 and 5 February 2016, is replaced by the following:
"Art. 90sexies. § 1^er. The judicial police officers committed shall make available to the investigating judge:
1° the file containing communications not accessible to the public or data from a computer system recorded and obtained as a result of the measures taken under sections 90ter, 90quater and 90quinquies;
2° the transcription or reproduction of parts of the recorded communications or data relevant to the investigation by the judicial police officers committed, and their possible translation;
3° where applicable, the location of the data referred to in 2° in the computer system;
4° a general description of the content and data for the identification of means of communication or computer systems used with respect to non-relevant communications or data.
§ 2. Without prejudice to the selection by judicial police officers referred to in paragraph 1^er, the investigating judge appreciates among all communications not accessible to the public or data from a computer system that have been registered the parties that are relevant to the instruction. To the extent that these communications or data parts have not been transcribed, reproduced or translated in accordance with paragraph 1^er, they will be transcribed, reproduced and eventually translated. The investigating judge makes it to file a report.
§ 3. Communications not accessible to the public or data from a computer system that are covered by professional secrecy are not recorded in the minutes. These communications or data are filed in the registry in a sealed file. If these are persons referred to in section 90octies, it shall be done as provided for in this section.
§ 4. The authorizations of the investigating judge, the reports of the judicial police officers referred to in Article 90quater, § 3, and the minutes relating to the execution of the measure, are attached to the file no later than after the measure is terminated. ".
Art. 21. Section 90septics of the same Code, inserted by the Act of 30 June 1994, replaced by the Act of 10 June 1998 and amended by the Acts of 28 November 2000 and 5 February 2016, is replaced by the following:
"Art. 90s. § 1^er. Appropriate means are used to ensure the integrity and confidentiality of communications not accessible to the public or data from a computer system that has been registered.
§ 2. Each file contains the subject of communications not accessible to the public or data from a computer system that has been recorded as well as the days and hours to which the measure was performed.
§ 3. Any note taken as part of the execution of the measures referred to in Articles 90ter, 90quater and 90quinquies by persons committed for that purpose who is not recorded in a report shall be destroyed, except as referred to in Article 90sexies, § 1^er, 2°, 3° and 4°, and without prejudice to section 33 of the Act of 25 December 2016 on various amendments to the Criminal Code and the Criminal Code, with a view to improving specific research methods and certain investigative measures concerning the Internet, electronic communications and telecommunications and creating a data bank for voice prints. The judicial police officers responsible for the enforcement of the measure shall carry out this destruction and shall mention it in a record.
For management reasons and for compliance with the obligation of section 90decies, the strictly necessary administrative data may nevertheless be retained within the service designated by the King.
§ 4. The files referred to in Article 90sexies, § 1^er, 1°, are kept in the graft under sealed fold. They may also be kept within the service designated by the King under the terms and conditions established by him after the advice of the Commission on the Protection of Privacy.
Parts referred to in Article 90sexies, § 1^er, 2°, 3° and 4°, and copies of the minutes are kept in the sealed graft.
§ 5. The clerk mentions in a special register kept daily:
1° on the day of deposit of the files and parts referred to in Article 90sexies, § 1^erand each copy of the minutes;
2° the name of the investigating judge who ordered or confirmed the measure and the subject matter of the instruction;
3° on the day the seals are opened and eventually reaped;
4° the date of knowledge of the files and parts referred to in Article 90sexies, § 1^ercopies of the minutes, as well as the names of the persons who have become aware of it;
5° all other events related to it.
§ 6. The accused, the accused, the civil party or their counsel shall, upon request, receive copies of all communications that are not accessible to the public or data from a computer system, some of which are considered relevant, have been transcribed or reproduced and recorded in a record that they have the right to consult.
The accused, the accused, the civil party or their counsel may request the judge to consult with the registry any other files or documents filed in accordance with § 4 at the registry office, as well as to transcribe or reproduce additional parts of the recorded communications or data. The application, addressed to the investigating judge, is dealt with in accordance with Article 61quinquies.
The judge may also reject this request if the judge considers that the consultation, transcription or reproduction of the additional parties is not necessary for the manifestation of the truth, if the judge at that time detrimental to the investigation or for reasons related to the protection of other rights or interests of persons. It may also limit the consultation or transcription or reproduction of additional parts to a selection of files or parts that it determines.".
Art. 22. Section 90octies of the same Code, inserted by the Act of 30 June 1994, is replaced by the following:
"Art. 90octies. § 1^er. The measure may only cover premises used for professional purposes, residence, means of communication or computer systems of a lawyer or a doctor if the lawyer is himself suspected of committing or participating in any of the offences referred to in section 90ter, or if specific facts suggest that third parties suspected of having committed any of the offences referred to in section 90ter, use his premises,
§ 2. The measure cannot be performed without the sticker or representative of the provincial order of physicians, as the case may be, being notified.
These people are held incommunicado. Any breach of secrecy is punishable under section 458 of the Criminal Code.
§ 3. The examining magistrate shall, after consultation with the staff member or representative of the provincial order of the physicians, assess which parts of communications not accessible to the public or data from a computer system referred to in Article 90sexies, § 3, which he considers relevant to the instruction, fall under professional secrecy and which are those that do not fall under the control of the information.
Only parties to the communications or data referred to in paragraph 1^er which are deemed not to be subject to professional secrecy are transcribed or reproduced and, where appropriate, translated. The investigating judge makes it to file a report. The files containing these communications or data are deposited in the registry under sealed fold.
All other communications or data are filed in the registry in another separate sealed file.".
Art. 23. Section 90novies of the same Code, inserted by the Act of 30 June 1994 and replaced by the Act of 19 December 2002, is supplemented by the words ", unless its identity or address is reasonably unrecovered."
Art. 24. In section 90decies of the same Code, inserted by the Act of 30 June 1994 and last amended by the Act of 29 May 2016, paragraph 3 is replaced by the following:
"He also reports on the application of articles 40bis, 46ter, 46quater, 46quinquies, 47ter to 47decies, 56bis, 86bis, 86ter, 88sexies and 89ter."
Art. 25. In section 235ter of the same Code, inserted by the Act of 27 December 2005 and amended by the Acts of 16 January 2009, 29 January 2016 and 5 February 2016, the following amendments are made:
1° in paragraph 1^erParagraph 1^er is supplemented by the words "and the application of the measure referred to in section 46sexies if a confidential record has been opened in this context. ";
2° in paragraph 1^erParagraph 2 is supplemented by the words "and the measure referred to in section 46sexies. ";
3° in paragraph 1, paragraph 3, the words "and the measure referred to in article 46sexies" are inserted between the words "of observation and infiltration" and the words "that have been applied";
4° in paragraph 2, paragraphs 4 and 5 are replaced by the following:
"For the specific methods of seeking observation and infiltration and the measure referred to in Article 46sexies, it may hear, separately and in the absence of the parties, the examining magistrate and the judicial police officer referred to in Articles 47sexies, § 3, 6°, and 47octies, § 3, 6°, and the judicial police officer responsible for directing the implementation of the measure referred to in Article 46
The Indictment Chamber may charge the investigating judge to hear the police officers responsible for performing observation and infiltration, the civil referred to in section 47octies, § 1^er, paragraph 2, pursuant to Articles 86bis and 86ter, the police officers responsible for the implementation of the measure referred to in Article 46sexies and the civil referred to in Article 46sexies, § 1^erParagraph 2. It may decide to be present at the hearing conducted by the investigating judge or to delegate one of its members to that effect. ";
5° in paragraph 3, paragraph 1^er the words "at articles 47septics, § 1^erparagraph 2, or 47novies, § 1^er, paragraph 2 , are replaced by the words "at articles 46sexies, § 3, paragraph 7, 47ssepties, § 1^erparagraph 2, or 47novies, § 1^erParagraph 2;
6° in paragraph 4 the words "of observation or infiltration and of the civil referred to in Article 47octies, § 1^er, paragraph 2" are replaced by the words "of observation, infiltration or measure referred to in Article 46sexies, and of the civil referred to in Articles 46sexies, § 1^erparagraph 3, and 47octies, § 1^erParagraph 2."
Art. 26. In section 235quater of the same Code, inserted by the Act of 27 December 2005, the following amendments are made:
1° in paragraph 1^erParagraph 1^er, the words "and the measure referred to in section 46sexies if a confidential record has been opened in this framework," are inserted between the words "observing and infiltration" and the words "that have been applied";
2° in paragraph 1, paragraph 2, the words "for which observations and infiltrations have been decided by the public prosecutor or by the investigating judge" are replaced by the words "for which observations and infiltrations and the measure referred to in section 46sexies, if a confidential record has been opened in this context, have been decided by the public prosecutor or by the investigating judge";
3° in paragraph 2, paragraph 2, is replaced by the following:
"For the specific methods of seeking observation or infiltration and the measure referred to in Article 46sexies, it may hear, separately and in the absence of the parties, the examining magistrate and the judicial police officer referred to in Articles 47sexies, § 3, 6°, and 47octies, § 3, 6°, and the judicial police officer responsible for directing the implementation of the measure referred to in Article 46 ";
4° in paragraph 3, paragraph 1^erthe words "at articles 47septies, § 1^erparagraph 2, or 47novies, § 1^er, paragraph 2" are replaced by the words "at articles 46sexies, § 3, paragraph 7, 47ssepties, § 1^erparagraphs 2 or 47, paragraphs 1^er2";
5° in paragraph 4 the words "of observation or infiltration and of the civil referred to in Article 47octies, § 1^er, paragraph 2" are replaced by the words "of observation, infiltration or measure referred to in Article 46sexies, and of the civil referred to in Articles 46sexies, § 1^erparagraph 3, and 47octies, § 1^erParagraph 2."
Art. 27. In section 464/13 of the same Code, inserted by the Act of 11 February 2014, the following amendments are made:
(a) Paragraph 1^er is replaced by the following:
§ 1^er. By written and reasoned decision, the appropriate EPE magistrate or police department may require the following information to be provided by the following actors in paragraph 2:
1° the identification of a subscriber or usual user of a service referred to in paragraph 2, second dash, or of the electronic means of communication used;
2° the identification of the services referred to in paragraph 2, second dash, to which a specified person is a subscriber or that are usually used by a specified person.
The following actors are required to collaborate in accordance with paragraph 1^er:
- the operator of an electronic communications network;
- any person who makes available or offers, in any way in Belgian territory, a service that involves transmitting signals via electronic communications networks or allowing users to obtain, receive or disseminate information via an electronic communications network. Also included is the supplier of an electronic communications service. ";
(b) Paragraph 2 is replaced by the following:
"§2. The actors referred to in § 1^er, paragraph 2, shall provide all available information in real time or, where appropriate, at the time specified in the decision, in accordance with the terms and conditions established by the Royal Decree pursuant to Article 46bis, § 2, paragraphs 1^er and 2.
Any person who refuses to disclose the data or who does not communicate it in real time or, if any, at the time specified in the requisition is punished by a fine of twenty-six euros to ten thousand euros."
Art. 28. In section 464/25 of the same Code, inserted by the Act of 11 February 2014 and amended by the Act of 29 May 2016, the following amendments are made:
1° in paragraph 1^erParagraph 1^erthe words "an operator of an electronic communication network or the provider of an electronic communication service" are replaced by the words "the actors referred to in paragraph 2";
2° in paragraph 1^era sub-item is inserted between subparagraphs 1^er and 2:
"The following actors are required to collaborate in accordance with paragraph 1^er:
- the operator of an electronic communications network;
- any person who makes available or offers, in any way in Belgian territory, a service that involves transmitting signals via electronic communications networks or allowing users to obtain, receive or disseminate information via an electronic communications network. Also included is the supplier of an electronic communications service. ";
Paragraph 2 is replaced by the following:
"§2. The actors referred to in § 1^er, paragraph 2, shall communicate the information required in real time or, where appropriate, at the time specified in the decision, in accordance with the terms and conditions established by the Royal Decree pursuant to Article 88bis, § 4, paragraphs 1^er and 3.
Any person who refuses to lend its technical assistance to the requisitions referred to in this article or does not lend it in real time or, if any, at the time specified in the decision shall be punished by a fine of twenty-six euros to ten thousand euros."
PART 3. - Amendments to the Criminal Code
Art. 29. In Book II, Title IV, of the Criminal Code, the title of Chapter Vbis, inserted by the law of 30 June 1994, is replaced by the following:
"Chapter Vbis - Interception, knowledge and recording of communications not accessible to the public and data from a computer system".
Art. 30. In section 259bis of the same Code, inserted by the Act of 30 June 2004 and amended by the Acts of 30 November 1998 and 15 May 2006, the following amendments are made:
(a)in paragraph 1^er, the 1° is replaced by the following:
"1°, intentionally, using any device, intercepts or intercepts, becomes aware or acquainted, records or records communications not accessible to the public, to which it does not participate, without the consent of all participants in such communications";
(b) in paragraph 1^er, the 3° is replaced by the following:
"3° knowingly holds, reveals or discloses to another person the content of communications not accessible to the public or of data from an illegally intercepted or registered computer system, or from which he or she has unlawfully received, or knowingly uses in any way any information obtained in that way. ";
(c) in paragraph 2, the words "private communications or telecommunications" are replaced by the words "non-accessible communications to the public or data from a computer system. ".
Art. 31. In Book II, Title V of the same Code, the title of Chapter VIIIbis, inserted by the Act of 30 June 1994, is replaced by the following:
"Chapter VIIIbis - Offences relating to the secret of communications not accessible to the public and data from a computer system".
Art. 32. In section 314bis of the same Code, inserted by the Act of 30 June 1994 and amended by the Act of 15 May 2006, the following amendments are made:
(a) in paragraph 1^er, the 1° is replaced by the following:
"1°, intentionally, by means of any device, intercepts or intercepts, becomes aware or acquainted, records or records communications not accessible to the public, to which it does not participate, without the consent of all participants in such communications;"
(b) Paragraph 2 is replaced by the following:
"§2. Will be punished by imprisonment from six months to two years and by a fine of five hundred euros to twenty thousand euros or of one of these penalties only, anyone who knowingly holds, reveals or discloses to another person the content of communications not accessible to the public or data of an illegally intercepted or registered computer system, or of which he has become aware illegally, or knowingly uses information obtained in any way.
Will be punished by the same penalties if, with fraudulent intent or intent to harm, use a legally performed record of communications not accessible to the public or data from a computer system. ".
PART 4. - Creation of a voice print data bank
Art. 33. Technical data allowing voice recognition of persons, being or having been subject to an interception measure of telecommunications referred to in Article 90ter, § 1^er, the Code of Criminal Investigation and which are referred to in Article 44/5, § 3, 1°, of the Law of 5 August 1992 on the Police Function, are kept for a maximum of ten years in the National General Data Bank referred to in the same Law, in order to help identify these persons in the context of listening records made at the request of the judicial authorities.
In addition to these technical data, this data bank also contains data relating to the file number, the competent magistrate and the relevant judicial district.
Technical data referred to in paragraph 1^er are distinct from the recordings made in the implementation of the measure referred to in Article 90ter, § 1^er Code of Criminal Investigation. These records are not covered by this article.
The purposes and procedures for processing these data are those provided for in sections 44/7 to 44/11/1 of the Police Service Act of 5 August 1992.
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 December 2016.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54 1966.
Full report: 22 December 2016.