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Data subject to a maximum retention period

Data subject to a maximum retention period

Summary dated 1st February 2020 of the essential legal provisions regarding the retention periods of your archives.

Documents Minimum retention period Format Start date of the retention period Act
Personal data (being all information relating to an identified or identifiable natural person) Personal data are kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed Any format As from the moment the personal data are processed Article 28.5° act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and article 5 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
Images made by security cameras (general regulation that is not applicable to security cameras at the workplace) In case the images cannot contribute to the evidence of a crime, of damages, or of nuisance or to the identifying of a perpetrator, a disruptor of the public order, a witness or a victim, the maximum retention period is one month. This period is extended to three months for places with a special security risk, determined by article 3 of the Royal Decree of 6 December 2018 (1) Any format This is not determined by law, but one can assume that the retention period commences as from the moment that the images have been made Articles 5 till 7/3 act of March 21st, 2007 concerning the placement and the use of security cameras and article 3 Royal Decree of 6 December 2018 determining the places where the controller can point his surveillance cameras at the perimeter directly around the site, store the images from the surveillance cameras for three months and provide real-time access to the images to the police forces
Images made by security cameras (at the workplace) A specific retention period is not provided for by law
As the principles of the act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and of Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data are applicable to the images made by security cameras at the workplace, the images cannot be retained for a period longer than what is necessary for the achievement of the goals
The goals are determined in articles 4 till 6 of the collective agreement (CAO) 68 of June 16th, 1998 concerning the protection of the personal privacy of employees from camera security at the workplace
Any format As from the moment that the images have been made Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
Articles 4 till 6 of the collective agreement (CAO) 68 of June 16th, 1998 concerning the protection of the personal privacy of employees from camera security at the workplace
Register of image processing activities (general regulation not applicable on security cameras in the work place) The person responsible for the processing keeps a register with the image processing activities of security cameras carried out under his responsibility. This register exists in written form or in electronic form. Upon request, the person responsible for the processing provides this register to the Data Protection Authority and polices services. Articles 7 and 8 of the Royal Decree of 8 May 2018 determine the content of this register (2) Any format The data controller shall keep this register for as long as he carries out image processing with the surveillance cameras Articles 5, 6 and 7 Act of March 21st, 2007 regulating the placement and usage of security cameras and articles 7, 8 and 9 Royal Decree of 8 May 2018 on declarations of installation and use of surveillance cameras and on the register of image processing activities of surveillance cameras

Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.

(1) The places which, by their nature, pose a particular safety risk under the Royal Decree of 6 December 2018 are the following:

  1. airports open to commercial traffic;
  2. the stations and public transport vehicles of the public transport companies;
  3. nuclear sites;
  4. military domains;
  5. the prisons within the meaning of Article 2, 15°, of the Basic Law of 12 January 2005 on the prison system and the legal status of detainees, community centres for minors who have committed an offence described as a crime, as referred to in Article 606 of the Code of Criminal Procedure, and forensic psychiatric centres, as referred to in Article 3, 4°, c) of the Act of 5 May 2014 on internment;
  6. the international institutions or embassies determined by the King in accordance with Article 137 of the Act of 2 October 2017 regulating private and particular security;
  7. the port facilities referred to in Article 5, 6° and 7° of the Act of 5 February 2007 on maritime security;
  8. the facilities referred to in the cooperation agreement of 16 February 2016 between the Federal State, the Flemish Region, the Walloon Region and the Brussels-Capital Region on the control of major-accident hazards involving dangerous substances;
  9. the other places determined by the King in accordance with Article 138 of the Act of 2 October 2017 regulating private and particular safety;
  10. the National Bank of Belgium;
  11. the money counting centres within the meaning of Article 2, 20°, of the Act of 2 October 2017 regulating private and particular security.



(2) The Royal Decree of 8 May 2018 provides that the register of image processing activities shall contain the following information:

  1. the name and contact details of the controller and, where applicable, of the joint controller, of the representative of the controller and of the data protection officer;
  2. the purposes of processing;
  3. a description of the categories of data subjects and of the categories of personal data;
  4. the categories of recipients of personal data, including recipients in third countries or international organisations;
  5. where appropriate, transfers of personal data to a third country or an international organisation, including an indication of that third country or international organisation and the documents relating to the appropriate safeguards;
  6. the time limits envisaged for the erasure of the various categories of data, in particular the retention period of the data, if the images are recorded;
  7. a general description of the technical and organisational security measures, including the security measures taken to prevent access by unauthorised persons and those taken in the context of the communication of data to third parties;
  8. the legal basis for the processing;
  9. the indication of the type of location;
  10. the technical description of the surveillance cameras and, in the case of fixed surveillance cameras, their location, if necessary indicated on a plan;
  11. in the case of temporary or mobile surveillance cameras, the description of the areas monitored by these surveillance cameras and the periods of use.
  12. the method of information relating to the processing;
  13. the location for processing the images;
  14. whether or not viewing in real time is organised and, if so, the way in which it is organised.
  15. When it concerns the camera surveillance of a non-enclosed location or of surveillance cameras aimed at the perimeter of a closed location, the register shall also contain, where appropriate, the positive opinion of the competent municipal council.

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