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06 February 2019
To be continued
During its 30 November 2018 meeting, the Council of Ministers approved preliminary draft legislation amending the Passenger Data Processing Act following a proposal from the minister of security and internal affairs.
The Passenger Data Processing Act of 25 December 2016 (the PNR Act) implements the EU Passenger Name Record Directive (2016/681/EC) concerning the use of passenger data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime. The act requires carriers in various sectors of international transport (ie, air, rail, road and sea) as well as travel operators to transfer passenger data to a database managed by the Federal Public Service Internal Affairs.
Two Royal Decrees were subsequently adopted to implement the PNR Act. Under the Royal Decree of 18 July 2017, air carriers must transfer all passenger data collected to a database managed by the Passenger Information Unit (PIU). The second Royal Decree, adopted on 21 December 2017, details the establishment of the PIU and the role of data protection officers.
According to the report provided on the Council of Ministers' website,(1) the proposed amendments to the PNR Act include the following:
The changes aim to bring the act in line with the EU General Data Protection Regulation and its implementation in Belgian law.
The Privacy Act contains a section dedicated to the PIU's protection of personal data which sets out rules on:
Before being sent to the Chamber of Representatives, the preliminary draft legislation will be submitted to the Council of State, the Data Protection Authority, the regional governments, the Supervisory Body for Police Information Management and the Standing Committee I. It will therefore be at least a few months before the final draft is adopted.
For further information on this topic please contact Pierre D Frühling or Stéphanie Golinvaux at Holman Fenwick Willan LLP by telephone (+32 2 643 34 00) or email (email@example.com or firstname.lastname@example.org). The Holman Fenwick Willan website can be accessed at www.hfw.com.
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