The prohibition laid down in the first section is not applicable if the decision is taken in the
context of an agreement or if it has its ground in a provision laid down by or by virtue of a law,
decree or ordinance. In such agreement or provision appropriate measures shall be taken for
the protection of the legitimate interests of the data subject. At least he shall be allowed to
bring up his standpoint in a useful way.
Article 13
Any person proving his identity shall have the right to apply to the Commission for the
protection of privacy in order to exercise the rights referred to in the Articles 10 and 12 with
regard to the processing of personal data referred to in Article 3, paragraphs 4, 5 and 6.
The King shall lay down in a decree agreed upon in the Council of Ministers after advice of
the Commission for the protection of privacy, the way in which these rights are exercised.
The Commission for the protection of privacy shall communicate to the data subject only that
the necessary verifications have been carried out.
Nevertheless the King shall lay down in a decree agreed upon in the Council of Ministers after
advice of the Commission for the protection of privacy, which information the Commission
may communicate to the data subject if the request of the data subject relates to the
processing of personal data by police services in view of identity verification.
Article 14
§ 1. The President of the tribunal of first instance5, sitting as in summary proceedings, shall
take cognisance of claims relating to the right of access to personal data granted by or by
virtue of the law, as well as of claims for the correction, erasure or prohibition of the use of
inaccurate personal data or personal data that are incomplete or irrelevant for the purposes of
the processing, or of which the recording, communication or storage is prohibited, or against
the processing of which the data subject has objected, or that have been stored longer than
the authorised period of time.
§ 2. The President of the tribunal in the district of the place of residence of the plaintiff shall
have jurisdiction over the claims referred to in § 1. If the plaintiff has no place of residence in
Belgium, the President of the tribunal in the district of the place of residence of the controller
shall have jurisdiction, if the latter is a natural person. If the controller is a legal person, the
President of the tribunal in the district of the registered or administrative office shall have
jurisdiction.
The order shall be delivered in open court. It shall be immediately enforceable
notwithstanding any appeal or opposition.
§ 3. The claim shall be submitted in the form of an application for a court hearing.
The petition shall contain the following elements and shall be declared null and void in the
event of failure to do so:
1° date, month and year;
2° surname, first name, occupation and place of residence of the plaintiff
3° surname, first name and place of residence of the person to be summoned;
4° object of the claim and brief summary of the arguments;
5
See footnote 4.
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