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Data subject to a maximum retention period

Data subject to a maximum retention period

Summary dated April 15th, 2018 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 may not be retained for a duration longer than what is necessary for the achievement of the goals for which the data has been obtained or is processed Any format As from the moment the personal data are processed Article 4 §1, 5° act of December 8th, 1992 regarding the protection of the personal privacy 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 the King by royal decree after discussion in the Council of ministers, which draft will be submitted to the Data Protection Authority for advice. (At the time of drafting this table, there is no Royal Decree yet) 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
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 December 8th, 1992 regarding the protection of the personal privacy 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 December 8th, 1992 regarding the protection of the personal privacy 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. The King determines the content of this register, its modalities and its retention period, after advice of the Data Protection Authority. (At the time of drafting this table, there is no Royal Decree yet) Any format This will be determined by Royal Decree (at the time of drafting this table, there is no Royal Decree yet) Articles 5, 6 and 7 Act of March 21st, 2007 regulating the placement and usage of security 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.

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