Any violation of the obligation of secrecy shall be punished in accordance with the provisions laid down in Article 458 of the Penal Code. In the context of its supporting duties in respect to the tracing of persons who have been reported as missing or kidnapped the Centre may register telephone calls only if the caller is informed thereof and as far as he has not opposed thereto. Article 3bis This law shall apply to: 1° the processing of personal data carried out in the context of the effective and actual activities of a permanent establishment of the controller on Belgian territory or on a place where Belgian law applies by virtue of international public law; 2° the processing of personal data by a controller who has no permanent establishment on the territory of the European Community, if for purposes of the processing use is made of equipment, automated or otherwise, situated on Belgian territory, unless such equipment is used only for purposes of transit over the Belgian territory. In circumstances referred to in the previous section sub 2° the controller shall designate a representative established on Belgian territory, without prejudice of legal actions that may be brought against the controller himself. Chapter II - General rules on the lawfulness of the processing of personal data. Article 4 § 1. Personal data shall be: 1° processed fairly and lawfully; 2° collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposes, taking into account all relevant factors, in particular the reasonable expectations of the data subject and the applicable legal and regulatory provisions. Under the terms established by the King after the advice of the Commission for the protection of privacy further processing of data for historical, statistical or scientific purposes shall not be considered incompatible. 3° adequate, relevant and not excessive in relation to the purposes for which they are collected or further processed; 4° accurate and, if necessary, kept up to date; every reasonable step shall be taken to ensure that data that are inaccurate or incomplete, having regard to the purposes for which they are collected or for which they are further processed, are erased or rectified; 5° kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the data are collected or for which they are further processed. After advice of the Commission for the protection of privacy the King shall lay down appropriate safeguards for personal data that are stored for a period longer than stated above for historical, statistical or scientific purposes. §2. It shall be for the controller to ensure that § 1 is complied with. Article 5 4