Consolidated text of the Belgian law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data as modified by the law of 11 December 1998 implementing Directive 95/46/EC1 and the law of 26 February 20032 English translation Chapter I - Definitions, Principle and Scope Article 1 § 1. For the purposes of this law 'personal data' shall mean any information relating to an identified or identifiable natural person, hereinafter the 'data subject'; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity. § 2. 'Processing' shall mean any operation or set of operations that is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation, alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, as well as blocking, erasure or destruction of personal data. § 3. 'Filing system' shall mean any structured set of personal data that are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis. § 4. 'Controller' shall mean the natural or legal person, the factual association or public authority that alone or jointly with others determines the purposes and means of the processing of personal data. If the purposes and means of processing are determined by or by virtue of a law, decree or ordinance3, the controller shall be the natural person, legal person, factual association or public authority that has been designated by or by virtue of that law, decree or ordinance as the controller. 1 Belgian State Gazette, 3 February 1999, 3049. Belgian State Gazette, 26 June 2003. 3 The terms law, decree and ordinance have a specific meaning in Belgian Constitutional Law, which excels in complexity. A law applies in the entire Belgian territory, whereas a decree only applies in part of the territory (Flemish Region, Walloon Region, Flemish Community, French-speaking Community, German-speaking Community; Communities have competences relating to cultural and person-related matters (e.g. education), whereas Regions are competent for non-person-related matters (e.g. economic matters,…)). Ordinances apply in the Region of Brussels-Capital and have a legal status that is slightly different from that of Decrees. If the term Decree in the present translation is used not in connection with law and ordinance, it has the meaning of an implementing measure (e.g. Royal Decree). 2 1

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