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Competences

The Social Security Section has been authorised to:

• ensure compliance with the provisions of the Act of 15 January 1990 and its implementing decrees, and to issue recommendations in this context;
• give its opinion on the transfer of basic statistical material and samples to research institutions and on information security at social security institutions;
• grant authorisation to the Crossroads Bank of Social Security and to social security institutions to disclose social security data;
• deal with complaints and settle differences on regarding the violation of the rules of law it ensures compliance with;
• conduct certain investigations.

The competences of the Health Section have been established by article 46 and following of the Act of 15 January 1990 on the creation and organisation of a Crossroads Bank of Social Security, articles 5, 9, 10 and 11 of the Act of 21 August 2008 on the creation and organisation of the eHealth platform, article 42 of the Act of 13 December 2006 including several provisions regarding health, articles 279 and 285 of the Programme Law (I) of 24 December 2002 and article 156 of the Act of 24 April 1996 including social provisions.

The Health Section has been authorized to:

• ensure compliance of regulations on the protection of personal data concerning health and to issue recommendations in this context;
• give its opinion on information security when personal data concerning health are processed;
• grant authorisation to communicate personal data concerning health:
  • communication of data relating to hospitals' medical activities to third parties;
  • linkage to and communication of data from the Cancer Registry;
  • communication of health data, except for:
    • communications between health care professionals in the context of a treatment;
    • communications under an Act, having received the Commission's opinion;
    • communications that are part of the Social Security Section's competences;
    • communications that have been exempted by the King, having received the Commission's opinion;
  • communication of personal data by or to the eHealth platform, except for:
    • communications that are part of the Social Security Section's competences;
    • communications that have been exempted under a legal or statutory provision;
    • communications that have been exempted by the King, having received the Commission's opinion;
    • communications of encoded personal data to certain recipients under article 5, 8° of the eHealth Act.
  • communication of personal data:
    • by the IMA-AIM (the umbrella organisation for the Belgian national health service institutions) (excluding the Permanent Sample);
    • by the Federal Public Service of Public Health and the Belgian Institution for health and disability insurance to the KCE (Federal Expertise Centre for Healthcare);
    • by the Technial Section to third parties.
• deal with complaints and settle differences regarding violations of information security when personal data concerning health are processed;
• conduct certain investigations.