National legislation

Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data (Privacy Act or Data Protection Act)

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The Act of 8 December 1992 is intended to protect citizens against abuse of their personal data. The rights and obligations of the individual whose data are processed as well as the rights and obligations of the processor himself have been laid down in the Privacy Act.

With the Privacy Act, an independent supervisory authority was also established: the Commission for the protection of privacy (also known as "the Privacy Commission", the Belgian Data Protection Authority). On the basis of the Privacy Law, the Commission, as an independent body, ensures that personal data are used and protected with due care, so that citizens' privacy remains safeguarded.

The Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data has undergone several substantial modifications.

The first modification was the result of the adoption of a European directive, aiming at harmonization of the rules concerning personal data protection in the entire European Union. Consequently, Belgium, like all other member states, had to transpose this directive into Belgian law. That is why the Act of 8 December 1992 was modified by the Act of 11 December 1998.

The Belgian legislator substantially modified the Act as well. This second modification of the Privacy Act was essential to keep abreast of the rapid evolution of our computerized society. Not only do citizens appeal more frequently to the Commission, but more and more often the authorities also ask the Commission for an opinion about more specialized matters, since every specific sector requires specific expertise. With the Act of 26 February 2003 the Commission's statute, composition and competences were adapted and the Sector Committees were established.

Royal Decree of 13 February 2001 implementing the Act of 8 December 1992 on the protection of privacy in relation to the processing of personal data

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On 11 December 1998, the Privacy Act was adapted to the European Directive 95/46/EC. The transposition of this directive into Belgian law led to fundamental changes in the Privacy Act , making a new implementing decree necessary. This Royal Decree lays down:

  • the conditions authorizing the further processing of personal data for historical, statistical or scientific purposes;
  • the conditions for processing sensitive data;
  • the way in which a person whose data are processed may exercise his rights (access, rectification, deletion of his data);
  • the way in which the automatic processing of personal data has to be notified.