Processing of personal data

1. DEFINTIONS 

"Personal data": any information relating to an identified or identifiable natural person ("the data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing": any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

"Controller": a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor":  a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller.

"Recipient": a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not.

"Third party": a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.

2. CONTROLLER

The controller of the processing of personal data in the context of the enforcement of the legislation regarding the access to the territory, the stay, the residence and the removal of foreigners, is:

Secretary of State for Asylum and Migration - represented by the Director-General of the Immigration Office - Mr. Freddy Roosemont.
Federal Public Service Interior
Directorate General of the Immigration Office
Boulevard Pacheco 44
1000 Brussels

3. DATA PROTECTION OFFICER ("DPO"):

Tasks of the "DPO":

The "DPO" may be contacted by data subjects whose data are processed by the Immigration Office on any matter relating to the processing of their data, specifically with regard to:

  • the purposes of the data processing;
  • the legal basis of the processing;
  • the categories of personal data concerned;
  • the categories of recipients of the personal data;
  • the possible transfer of personal data to third countries and the existence of appropriate safeguards;
  • the duration of storage of personal data;
  • knowing whether it is a question of automated data processing;
  • the right to rectification;
  • the right to erasure and restriction;
  • the right to data portability;
  • the right to object.

Contact details of the "DPO":

You can contact the "DPO" of the Immigration Office:

Federal Public Service Interior
Directorate General of the Immigration Office
For the attention of the 'Data Protection Officer'
Boulevard Pacheco 44
1000 Brussels

via e-mail: dpo.dvzoe [at] ibz.fgov.be 

 

4. PERSONAL DATA COLLECTED

The Immigration Office undertakes to only process personal data that are adequate, relevant and not excessive in relation to the purposes for which they are collected (see point 5 below), and not to use them subsequently in a way which is incompatible with those purposes.

In addition to the personal data that we collect directly from you, the Immigration Office also collects personal data about you from other bodies. Depending on the application for residence submitted, this may relate to the following categories of data: [1]

  1. Identification data: Personal identification data (name, title, address, previous addresses, telephone number, identifiers assigned by the Immigration Office, etc.). Identification data, issued by public services, other than the national register number (identity card, passport, driving licence, pension number, etc.). Biometric identification data (DNA data, fingerprints, photographs). Etc.
  1. Financial characteristics: Financial identification data (bank account numbers, etc.). Income, possessions, total income, professional income, savings, etc. Debts, expenses (total expenses, rent expenses, loans, etc.). Solvency (assessment of income, financial status, solvency). Allowances, assistance, etc. Pension details. Etc.
  1. Personal characteristics: Personal details (age, sex, date of birth, place of birth, marital status, nationality, etc.). Military situation (military status, military background, etc.). Immigration status (visa details, work permit, residence or travel restrictions, right of residence, etc.). Etc.
  1. Life habits: Lifestyle. Travelling details (information about stays and trips, travel visas, work permits, etc.). Social contacts (friends, associates, relationships other than close family, etc.). Possessions (land, property or other possessions). Etc.
  1. Psychological data: Opinions about personality or character.
  1. Household composition: Marriage or current form of cohabitation (name of spouse or partner, maiden name of spouse or partner, date of marriage, date of cohabitation contract, number of children, etc.). Marital history (details of previous marriages or unions, divorces, separations, names of previous partners, etc.). Details of other family or household members (children, dependants, other household members, collateral relatives, parents and ancestors). Etc.
  1. Leisure and interests: Leisure activities and interests (hobbies, sports, other interests).
  1. Affiliations: Affiliations (other than professional, political or trade union) with charitable or voluntary organisations, clubs, associations, unions, organisations, groups, etc.
  1. Judicial data: Suspicions and indictments (suspicion of offences, investigations or legal proceedings, etc.). Convictions and penalties. Judicial measures (placing under supervision, provisional administration, internment, admission, etc.). Administrative sanctions. Etc..
  1. Characteristics of housing: Address of the accommodation. Type of accommodation. Duration of the stay at the address. Rent, charges. Classification of the accommodation. Etc.
  1. Health data: Physical health (medical file, medical report, diagnosis, treatment, analytical result, disability or impairment, diet, etc.). Specific health requirements for travel management. Mental health (medical file, medical report, diagnosis, treatments, analytical results, etc.). High-risk situations and risky behaviour. Genetic data. Care-related data (data on resources and procedures used for medical and paramedical care). Etc.
  1. Education and training: Academic curriculum (schools, institutions, universities attended; nature of courses taken, diplomas, exam results, other diplomas, assessments of academic progress, etc.). Professional qualifications (certificates and professional training, special licences, etc.). Professional experience (professional interests, research interests, academic interests, etc.). Etc.
  1. Occupation and employment: Current employment (employer, title and job description, rank, date of recruitment, place of work, specialisation or type of business, terms and conditions of employment, previous functions and experience, etc.). Termination of employment. Career (previous jobs and employers, periods of unemployment, military service, etc.). Occupational medicine. Salary (payments, wages, etc.). Etc.
  1. National Register Number / Social Security number
  1. Racial or ethnic data
  1. Data on social life
  1. Political opinions: Political convictions, voting preference. Affiliation to a political party. Political positions held. Membership or support for pressure groups or militant organisations. Etc.
  1. Membership of a trade union: Membership of a trade union or similar group. Positions held. Etc.
  1. Philosophical and religious beliefs
     

 5. PURPOSES OF THE PROCESSING

In accordance with Article 6 of the GDPR, the personal data transmitted by the alien and those collected by the Immigration Office from third parties are necessary for the performance of a task in the public interest or in the exercise of public authority entrusted to the Immigration Office, namely: the enforcement of the legislation regarding the access to the territory, the stay, the residence and the removal of foreigners.

These data (see point 3 below) are used for the following purposes:

  1. To identify foreign nationals.
  2. To process applications for residence submitted by foreign nationals to Belgian diplomatic or consular posts abroad or directly on the territory of the Kingdom (to the municipal authorities or to the Immigration Office).
  3. Access to the Schengen Area and the Kingdom of Belgium.
  1. To trace the residence of aliens who are on the territory of the Kingdom, including detention in a detention centre and removal from the territory of the Kingdom.
  2. To investigate, record and follow up offences provided for, in particular, in the legislation on access to the territory, residence, establishment and removal of foreigners, as well as in the legislation on the employment of foreign workers.
  3. To impose administrative penalties on aliens and carriers who do not comply with the provisions provided for in the legislation on the entry, residence, establishment and removal of foreigners.
  4. To manage disputes regarding decisions taken.
  5. To manage correspondence between the Immigration Office and persons, authorities or others who address themselves to the Immigration Office.

 6. DATA RECIPIENTS

The personal data concerning you collected and processed by the Immigration Office (or at least some of them) may be communicated to the following categories of recipients:

  1. The data subject and its legal representatives.
  2. The professional advisers (e.g. lawyers) of the data subject or of its legal representatives.
  3. The employer of the data subject.
  4. Other services close to the Immigration Office: the Commissioner General for Refugees and Stateless Persons, municipal administrations, Belgian diplomatic or consular posts abroad, etc.
  5. Federal, regional or local public services;
  6. The judiciary, police services, intelligence services.
  7. The Social Security Office.

7. DATA TRANSFER TO THIRD COUNTRIES

Within the framework of its missions, the Immigration Office may be required to transfer parts of your personal data to countries outside of the European Union. If it involves data related to the data subject's health, the transfer will only take place after receiving the consent of the person concerned.

The Immigration Office shall ensure, where possible, to include clauses allowing a level of appropriate protection of your personal data in the agreements with third countries. Those agreements can be requested from the Immigration Office’s DPO.

In the absence of an adequacy decision and if it is not possible to conclude agreements allowing an adequate level of protection for your personal data, the Immigration Office may, nevertheless, exceptionally submit some of your personal data to third countries, because the implementation of the European and national migration policy is an important ground of public interest as referred to in Article 49 of the GDPR.

8. DURATION OF DATA STORAGE

As a general rule, the Immigration Office stores the personal data for a period of 75 years after a file is opened. After this period, the file is sent to the State Archives, where it is archived for future historical and scientific research.

Storage periods may differ from this general rule depending on the source and specific legal frameworks. 

9. PROCEDURE FOR REQUESTING A COPY OF THE ADMINISTRATIVE FILE

In the context of the Law of 11 April 1994 on the publicity of the administration, you may request a copy of your administrative file managed by the Immigration Office.  To learn how to request a copy, visit this "My File" page.

10. RIGHT OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION OF PROCESSING:

  1. Right of access:

You have the right to obtain confirmation as to whether your personal data are being processed by the Immigration Office, and if so, to inspect:

  • the purposes of the data processing;
  • the legal basis of the processing;
  • the categories of personal data processed;
  • the categories of recipients of personal data;
  • the possible transfer of personal data to third countries and the existence of appropriate safeguards;
  • the duration of storage of personal data or the criteria used in doing so;
  • whether automated data processing is involved;

For these questions, you may contact the Immigration Office's "DPO" (see 3. Data Protection Officer). In case of doubt, you may be asked to prove your identity. 

  1. Right to rectification:

You have the right to obtain the rectification of inaccurate personal data or to request that incomplete personal data be completed.

If you find that the Immigration Office has processed personal data concerning you that are inaccurate or incomplete, we ask you to first contact the department that is handling your administrative file to request that the inaccurate data be corrected, or that incomplete data be completed.

The department handling your file may ask you for additional information or evidence to back up your request.

The contact details of the department managing your file can be found on the correspondence from the Immigration Office, or via our website: Contact | IBZ

The Immigration Office will inform the partners with whom it shares the amended personal data, of any rectification, unless such communication proves impossible or requires disproportionate efforts.

If you still have questions after contacting the competent services, you may contact the "DPO" (see 3. Data Protection Officer).

  1. Right to erasure:

Given that the processing of your personal data is necessary for the performance of a task in the context of the exercise of the public authority vested in the Immigration Office, you are not entitled to request and obtain the erasure of your personal data.

If you have any questions concerning the right to erasure, you may contact the "DPO" (see 3. Data Protection Officer).

  1. Right to restriction:

In certain circumstances, you may request to limit the use of personal data processed by the Immigration Office, for example, if the Immigration Office is investigating the accuracy of personal data because you disputed the accuracy of these data (see B. Right to rectification).

If you request the restriction of the use of personal data managed by the Immigration Office, we invite you to first contact the department that is managing your file and ask that the use of your personal data be restricted.

The department handling your file may ask you for additional information or evidence to back up your request.

The contact details of the department managing your file can be found on the correspondence from the Immigration Office, or via our website: Contact

The Immigration Office will inform the partners with whom it shares the personal data restricted in use, of any restriction, unless such communication proves impossible or requires disproportionate efforts.

If you still have questions after contacting the competent services, you may contact the "DPO" (see 3. Data Protection Officer).

  1. Right to data portability:

Since the Immigration Office does not process your personal data on the basis of your consent or in execution of an agreement, the right to data portability does not apply.  Therefore, you do not have the right to receive your personal data from the Immigration Office in a structured, commonly used and machine-readable format for the purpose of transferring it to another controller.

If you have any questions concerning the right to data portability, you may contact the "DPO" (see 3. Data Protection Officer).

  1. Right to object:

You may object to the processing of personal data if the basis for the processing invokes the necessity for the performance of a task carried out in the public interest or in the exercise of public authority.

However, the Immigration Office may object if there are compelling legitimate grounds for the processing that outweigh your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

If you object to the processing of personal data managed by the Immigration Office, we ask you to first contact the department managing your administrative file.

The contact details of the department managing your file can be found on the correspondence from the Immigration Office, or via our website: Contact

If you still have questions after contacting the competent services, you may contact the "DPO" (see 3. Data Protection Officer).

10. RESPONSE AND RESPONSE TIME

If you invoke the right of access, the right to rectification, the right to erasure, the right to restriction or the right to object, you will receive information on the measures taken following your request, within one month of receiving the request.  This period may be extended by two more months, depending on the complexity of your request and the number of ongoing requests.  You will be informed of this extension of the response time.

If your request is not acted upon, you will be notified with a motivation no later than one month after receipt of your request. You have the possibility to lodge a complaint with the supervisory authority and to lodge an appeal. 

11. LODGING A COMPLAINT WITH THE SUPERVISORY AUTHORITY

If you believe that the Immigration Office has not processed your personal data in accordance with the General Data Protection Regulation of 27 April 2016, you may lodge a complaint with the Belgian Data Protection Authority. 

You can find more information on the website of the above-mentioned Authority: https://www.dataprotectionauthority.be/citizen

Data Protection Authority
Rue de la Presse 35
1000 Brussels
E-mail: contact [at] apd-gba.be 
T: +32 2 274 48 00