i.
j.
k.
l.
if processing is carried out in pursuance of the law of July 4, 1962 on public statistics;
if processing is necessary for the purposes of preventive medicine or medical
diagnosis, the provision of care or treatment to the data subject or one of his
relatives, or the management of health-care services operating in the interest of the
data subject, and if those data are processed under the supervision of a health
professional;
if processing is carried out by associations with legal personality or public utility
institutions, of which the main objective is the protection of human rights and
fundamental freedoms, for purposes of the realisation of that objective, provided that
the processing has been authorised by the King after advice of the Commission for
the protection of privacy;
if processing of personal data referred to in § 1 is permitted by a law, decree or
ordinance for another important reason of public interest.
The health professional and his appointees or agents shall be obliged to secrecy with regard
to the case referred to sub j).
§ 3. Without prejudice to the application of the Articles 7 and 8 of this law, the processing of
personal data relating to sexual life is permitted if the processing is carried out by an
association with legal personality or by a public utility institution of which the main objective is
the evaluation, support and treatment of persons of whom the sexual conduct may be
qualified as a criminal offence, and that has been recognised and subsidised for that purpose
by the competent authority; for such processing, of which the objective shall consist of the
evaluation, support and treatment of the persons referred to in this paragraph and that solely
concerns personal data relating to those persons, a specific, individualised authorisation has
to be given by the King in a decree agreed upon in the Council of Ministers after advice of the
Commission for the protection of privacy.
The decree referred to in this paragraph shall specify the duration of the authorisation, the
modalities for the supervision of the authorised association or body by the competent
authority, and the way in which the said authority has to report to the Commission for the
protection of privacy on the processing of personal data under the conditions of the given
authorisation.
§ 4. The King shall lay down in an decree agreed upon in the Council of Ministers after advice
of the Commission for the protection of privacy, the specific conditions with which the
processing of personal data referred to in this Article, has to comply.
Article 7
§ 1. The processing of health-related personal data shall be prohibited.
§ 2. The prohibition of processing data referred to in § 1 shall not apply in the following cases:
a. if the data subject has given his written consent to the processing of those data, on
the understanding that the consent may be withdrawn by the data subject at any time;
the King may lay down in a decree agreed upon in the Council of Ministers after
advice of the Commission for the protection of privacy, in which cases the prohibition
of processing health-related data may not be lifted by the explicit consent of the data
subject;
b. if processing is necessary for the purposes of carrying out the specific obligations and
rights of the controller in the field of employment law;
c. if the processing is necessary for the realisation of an objective laid down by or by
virtue of the law in view of the application of social security;
d. if processing is necessary for the promotion and protection of public health, including
examination of the population;
e. if processing is made obligatory by or by virtue of a law, decree or ordinance for
reasons of an important public interest;
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