Exercise your rights in Belgium

In Belgium the right to access your personal data in SIS II is indirect. In other words, the Privacy Commission will act as an intermediary exercising your rights. Therefore, you have to address the Privacy Commission. The entire procedure is free of charge.

Which elements does the request have to contain?

The data subject has to send the Privacy Commission a dated and signed letter (with name, surname, date of birth, nationality and a copy of an identity card, passport or equivalent document).

The request also has to contain the following information (if it is known):

  • the authority or service responsible for the alert;
  • all relevant information about the personal data under dispute, such as the nature of the personal data, the circumstances in which or the place where one was informed about the data;
  • any desired recitfications.

The Privacy Commission provides for a model letter for exercising your rights, in which you only have to fill in your personal information in the grey areas (in French and Dutch). The guide for exercising the right of access provides for 2 model letter annexed letters at the end of the document.

The guide for exercising the right of access provides for 2 model letters annexed at the end of the document.

What happens after you have submitted your request?

After the Privacy Commission has received your request for access, rectification or deletion, it will contact the competent authority and carry out all the necessary verifications. If the personal data were registered in the SIS II by Belgium, the Privacy Commission can, if necessary, have the data rectified or deleted, or have personal data inserted that differ from the personal data processed by the service in question. The Privacy Commission can also prohibit disclosure of the personal data.

Which information is given by the Privacy Commission?

When Belgian authorities registered the personal data in the SIS II, the Privacy Commission can, after having consulted with the police serviceinvolved , give the data subject all the information it considers appropriate. If foreign authorities registered the personal data in the SIS II, the Privacy Commission will contact the country that made the registration.

It is prohibited to disclose information where this information could affect the legal implementation of the alert, or the protection of the rights and freedoms of others. Disclosure is also prohibited during the entire period of an alert for discreet surveillance.