Processing of special categories of personal data
Art. 8 (1) of the Belgian Data Protection Act regulates when the processing of special personal data is in the special public interest, e.g.:
- associations with legal entity status or foundations whose primary purpose is to defend and promote human and fundamental rights,
- processing by the Foundation for Lost and Sexually Exploited Children (Fondation pour Enfants Disparus et Sexuellement Exploités),
- associations with legal entity status or
- foundations whose primary purpose is to analyse, accompany and treat criminal sexual behaviour
Art. 8 (2) of the Belgian Data Protection Act stipulates that the controller or commissioned processor:
- maintains a list of categories of persons having access to special personal data, together with a description of their functions with regard to processing, and submits it to the supervisory authority upon request
- ensures that all persons who process data pursuant to legislation or a contract are bound to secrecy
Art. 9 of the Belgian Data Protection Act contains essentially the same requirements as Art. 8 para. 2 for the processing of genetic, biometric or health data.
Data relating to criminal convictions and offences
Pursuant to Art. 8 (3) of the Belgian Data Protection Act, associations and foundations under para. 1 may keep files on persons suspected of having committed criminal offences or convictions of offenders.
According to Art. 10(1) of the Belgian Data Protection Act, the processing of personal data on criminal convictions and offences or related security measures is permissible:
- by natural or legal persons (private or public) in the context of their own legal disputes
- by lawyers or other legal advisers for the defence of clients
- by other persons, if the processing is absolutely necessary for the fulfilment of obligations in the special public interest arising from a law, decree or legal act of the EU or a regulation
- if it is strictly necessary for archival purposes in the public interest, for scientific or historical research and for statistical purposes
- when the data subject has expressly consented in writing to the processing being carried out for a specifically described purpose and the processing is limited to that purpose
- where the data subject has published the named data expressly for certain purposes and the processing is limited to this purpose
Art. 10 (2) of the Belgian Data Protection Act contains essentially the same requirements as Art. 8 para. 2 for the processing of data on criminal convictions or criminal offences.