Assembly referred to in Article 60 of the Special Law of January 12, 1989 on the institutions in
Brussels, or of a supervisory committee, on any matter relating to the application of the
fundamental principles of privacy protection, within the scope of this law and any law
containing provisions relating to the protection of the privacy with regard to the processing of
personal data.
§ 2. Before making a recommendation to a controller, the Commission shall offer the
controller the opportunity to explain his point of view.
§ 3. The recommendations of the Commission shall contain the grounds relied upon. A copy
of each recommendation shall be communicated to the Minister of Justice.
Article 31
§ 1. Without prejudice to any legal action and any different legal provision, the Commission
shall investigate the signed and dated complaints that are submitted to it. These complaints
may relate to its duties relating to the protection of the privacy with regard to the processing of
personal data or to other duties that have been assigned to it by the law.
§ 2. The proceedings shall be regulated in the internal rules. These rules shall provide for the
exercise of a right of defence.
§ 3. The Commission shall examine whether the complaint may be admitted. In respect to the
complaints that are admissible, the Commission shall accomplish any mission of mediation
that it considers useful. If an amicable settlement between the parties is reached on grounds
of respect for the privacy, it shall draft a report in which it explains the solution that has been
reached. If no amicable settlement is reached, the Commission shall give advice on the
merits of the complaint. The advice may be accompanied by recommendations to the
controller.
§ 4. The decisions, advices and recommendations of the Commission shall contain the
grounds relied upon.
§ 5. The Commission shall communicate its decision, advice or recommendation to the
complainant, the controller and any other party involved in the proceedings. A copy of the
decision, advice or recommendation shall be communicated to the Minister of Justice.
Article 31bis
§ 1. The law establishes within the Commission sectoral committees competent to examine
requests concerning the processing or the notification of data to which special legislation
applies and to decide on the given case within the limits set out by law.
§ 2. Without prejudice to article 37 of the law of 15 January 1990 concerning the formation
and organization of a Crossroads Bank of the social security, every sectoral committee
consists of three full or substitute members of the Commission, among which the chairman or
a member appointed as chairman by the Commission, as well as three external members
appointed by the House of Representatives in accordance with the conditions and further
rules stipulated in or under the special legislation regulating the committee in question. In
case of equality of votes the chairman has the casting vote.
The leading official of the supervising organization of the sector concerned can be invited to
take part to the meetings of the committee with an advisory vote.
§ 3. The filed requests concerning the processing or the notification of data to which special
legislation applies are sent by the Commission to the competent sectoral committee, if any
such committee has been set up, and to the supervising organization of the sector concerned.
The latter transmits a technical and legal advice to the committee, within fifteen days from
receipt of the request and provided the file is prepared. With the same reservation, the
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