6° the transfer is made from a public register that according to legal or regulatory provisions is
intended to provide information to the public and that is open to consultation either by the
public in general or by any person who can demonstrate a legitimate interest, to the extent
that the conditions laid down in law for consultation are fulfilled in the particular case.
§ 2. Without prejudice to the provisions of the previous section the King may after advice of
the Commission for the protection of privacy authorise a transfer or a category of transfers to
a country outside the European Community that does not ensure an adequate level of
protection, if the controller adduces adequate safeguards with regard to the protection of the
privacy and fundamental rights and freedoms of individuals as well as with regard to the
exercise of the corresponding rights; such safeguards may in particular result from
appropriate contractual clauses.
Chapter VII - The Commission for the protection of privacy
Article 23
An independent Commission shall be established at the House of Representatives, called
"Commission for the protection of privacy", that shall be composed of members, including the
chairman and vice-chairman, to be appointed by the House of Representatives7.
The Commission shall have its seat in the administrative district Brussels-Capital.
Article 24
§ 1. The Commission shall consist of eight full members, of whom at least one shall be a
magistrate, acting as chairman, and of eight substitute members, of whom at least one shall
be a magistrate.
§ 2. The Commission shall consist of an equal number of Dutch-speaking and Frenchspeaking members.
§ 3. [cancelled]
§ 4. The members of the Commission shall be elected for a renewable term of six years from
lists submitted by the Council of Ministers that shall contain two candidates for each seat to
be allotted. They may be dismissed from office by the House of Representatives for
shortcomings in the fulfilment of their duties or for offending against the dignity of their office.
The members shall offer all guarantees with regard to an independent fulfilment of their duties
and shall have full expertise in the field of dataprotection.
The Commission shall be composed in such way that a balance within the Commission
among the various social-economic groups will result there from.
Apart from the chairman, the Commission shall include among its full members and substitute
members at least one legal expert, one computer scientist, one person demonstrating
professional experience in the management of personal data in the private sector and one
person demonstrating professional experience in the management of personal data in the
public sector.
§ 5. In order to be appointed chairman, full member or substitute member of the Commission
or to maintain such mandate, candidates shall comply with the following requirements:
7
The House of Representatives (Kamer van Volksvertegenwoordigers / Chambre des Représentants) is one of the two Chambers
of the federal legislative body in Belgium (apart from the Senate (Senaat / Sénat).
17