f.
if processing is necessary to protect the vital interests of the data subject or another
person, provided that the data subject is physically or legally incapable of giving his
consent;
g. if processing is necessary for the prevention of a concrete danger or the suppression
of a specific criminal offence;
h. if processing relates to data that are apparently made public by the data subject;
i. if processing is necessary for the establishment, exercise or defence of legal claims;
j. if processing is necessary for the purposes of preventive medicine or medical
diagnosis, the provision of care or treatment to the data subject or to one of his
relatives, or the management of health-care services operating in the interest of the
data subject, and if those data are processed under the supervision of a health
professional;
k. if processing is necessary for scientific research and carried out under the conditions
established by the King in a decree agreed upon in the Council of Ministers after
advice of the Commission for the protection of privacy.
§ 3. The King shall lay down in an decree agreed upon in the Council of Ministers after advice
of the Commission for the protection of privacy, the specific conditions with which the
processing of personal data referred to in this Article, has to comply.
§ 4. Health-related personal data shall only be processed under the responsibility of a health
professional, except for the written consent of the data subject or if the processing is
necessary for the prevention of a concrete danger or for the suppression of a specific criminal
offence.
The King may lay down in a decree agreed upon in the Council of Ministers after advice of the
Commission for the protection of privacy, which categories of persons are to be considered
health professionals in the meaning of this law.
The health professional and his appointees or agents shall be obliged to secrecy with regard
to the processing of personal data referred to in the first section.
§ 5. Health-related personal data shall be collected from the data subject.
They may solely be collected from other sources if this is in compliance with the paragraphs 3
and 4 of this Article and necessary for the purposes of the processing or if the data subject is
incapable of procuring the data.
Article 8
§ 1. The processing of personal data relating to litigations that have been submitted to courts
and tribunals4 as well as to administrative judicial bodies, relating to suspicions, persecutions
or convictions in matters of criminal offences, administrative sanctions or security measures,
shall be prohibited.
§ 2. The prohibition of processing personal data referred to in § 1 shall not apply to
processing:
a. under supervision of a public authority or ministerial officer in the meaning of the
Code of Civil Procedure, if processing is necessary for the fulfilment of their duties;
b. by other persons, if processing is necessary for the realisation of objectives that have
been laid down by or by virtue of a law, decree or ordinance;
c. by natural persons or private or public legal persons, as far as necessary for the
management of their own litigations;
d. by attorneys at law or other legal advisers, as far as necessary for the protection of
the interests of their clients;
4
Court (Hof / Cour) is the technical legal term used to designate the five courts of appeal in Belgium, whereas tribunal
(rechtbank / tribunal) corresponds to a court of first instance.
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