d) The Articles 17 § 3, 9° and 12°, § 4 and § 8, as well as the Articles 18, 21 and 22 shall not
apply to the processing of personal data carried out solely for journalistic purposes or the
purpose of artistic or literary expression.
§ 4. The Articles 6 to 10, 12, 14, 15, 17, 17bis, first section, 18, 20 and 31, §§ 1 to 3 shall not
apply to the processing of personal data by the State Security, the General Intelligence and
Security Service of the Armed Forces, the Security Authority, the security officers and the
Permanent Supervisory Committee for the intelligence services and its Inquiry Service, if the
processing is necessary for the fulfilment of their duties.
§ 5. The Articles 9, 10 § 1 and 12 of this law shall not apply to:
1° the processing of personal data managed by public authorities in view of the fulfilment of
their duties of judicial police;
2° the processing of personal data managed by police services referred to in Article 3 of the
law of July 18, 1991 on the regulation of supervision of police and intelligence services in view
of the fulfilment of their duties of administrative police;
3° the processing of personal data managed by any other public authority that has been
designated in a Royal decree agreed upon in the Council of Ministers after advice of the
Commission for the protection of privacy in view of the fulfilment of their duties of
administrative police;
4° the processing of personal data that has become necessary as a result of the application of
the law of January 11, 1993 on the prevention of using the financial system for money
laundry;
5° the processing of personal data managed by the Permanent Supervisory Committee for
the police services and its Inquiry Service in view of the fulfilment of their legal duties.
§ 6. The Articles 6, 8, 9, 10 § 1 and 12 shall not apply after royal authorisation in a decree
agreed upon in the Council of Ministers to the processing managed by the European Centre
for missing and sexually abused children, hereinafter 'the Centre', being a public utility
institution that has been established by deed of June 25, 1997 and recognised by Royal
decree of July 10, 1997 with regard to the collection, transmission to the judicial authority and
follow-up of data relating to persons who are under suspicion of a crime or misdemeanour in
a specific dossier of absence or sexual abuse. The said decree shall lay down the duration
and conditions of the authorisation after the advice of the Commission for the protection of
privacy.
The Centre may not keep any filing system relating to persons who are under suspicion of a
crime or misdemeanour or who have been convicted.
The Administrative Board of the Centre shall designate among the staff members of the
Centre an appointee in charge of the processing of data, who has knowledge of the
management and protection of personal data. The fulfilment of his duties shall not result in
any adverse effect for the appointee. In particular he shall not be dismissed or replaced as
appointee on grounds of the fulfilment of the duties that have been assigned to him. The King
shall lay down in a decree agreed upon in the Council of Ministers after the advice of the
Commission for the protection of privacy the duties of the appointee and the way in which
they shall be fulfilled as well as the way in which the Centre shall report to the Commission for
the protection of privacy on the processing of personal data under the terms of the given
authorisation.
The staff members and those who process personal data for the Centre shall be obliged to
secrecy.
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