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