Article 1 (definitions).

In this Act and the provisions based thereon, the following definitions shall apply:

• a.

  police data: any personal data processed as part of the performance of the police task referred to in Articles 3 and 4 of the Police Act 2012, with the exception of:

  • -

    implementation of legal regulations other than the Administrative Enforcement of Traffic Regulations Act;

  • -

    the duties assigned by or pursuant to the Aliens Act 2000, referred to in Article 1, first paragraph (i)(1°) and Article 4, first paragraph (f) of the Police Act 2012;

• b.

  personal data: any information about an identified or identifiable natural person;

• c.

  processing of police data: any operation or set of operations involving police data or a set of police data, whether or not carried out by automated means, such as collecting, recording, organizing, structuring, storing, updating or modifying, retrieving, consulting, using, providing by transmission, disseminating or otherwise making available, assembling, linking, blocking or destroying police data;

• d.

  provision of police data: disclosing or making available police data;

• e.

  making police data available: providing police data to persons authorized to process police data in accordance with this Act;

• f.

  controller: this is at:

  • 1°.

    Police: the chief of police referred to in article 27 of the Police Act 2012;

  • 2°.

    the National Criminal Investigation Department: the Board of Procurators General;

  • 3°.

    the Royal Military Police: our Minister of Defense;

  • 4°.

    a joint processing of police data for a common purpose by two or more organizations referred to in this subsection: the controller entrusted by the relevant controllers with the actual care of the processing and implementation of the measures referred to in Articles 4 and 4a;

• g.

  data subject: the person to whom a police detail relates;

• h.

  Autoriteit persoonsgegevens: the authority referred to in Article 6 of the General Data Protection Regulation Implementation Act;

• i.

  processor: the natural or legal person, public authority, agency or any other body that processes police data on behalf of the controller. If a processor determines the purposes and means of processing in violation of the provisions of or pursuant to this Act, that processor shall be considered the processing controller with respect to that processing;

• j.

  Our Ministers: our Ministers of Security and Justice and of Defense jointly;

• k.

  police officer: the officer referred to in article 2 of the Police Act 2012, as well as the officer of the Royal Marechaussee insofar as employed to perform the police task referred to in subsection a, and if article 46 is applied, the officer employed by the service referred to in that article and the officer referred to in article 142, first paragraph, of the Code of Criminal Procedure;

• l.

  competent authority means any public authority empowered to perform the duties referred to in subsection a or any other body or entity empowered to exercise public authority and public powers for the purpose of performing the duties referred to in subsection a;

• m.

  related data: the police data that correspond when comparing data referred to in Articles 8(2), 11(1) and (2), 12(4) and 24(1) and (2), and the related data as well as the police data to which it appears that they are related when processing police data referred to in Articles 8(3) and 11(4) in combination;

• n.

  masking: marking stored police data with the aim of limiting its processing in the future;

• o.

  file: any structured set of police data accessible according to certain criteria, regardless of whether this set of data is centralized, decentralized, or distributed in a functionally or geographically defined manner;

• p.

  recipient: the natural person to whom or the legal or public authority to which police data is provided;

• q.

  security breach means a breach of security resulting in the destruction, loss, alteration, disclosure or making available or unauthorized access to police data transmitted, stored or otherwise processed;

• r.

  genetic data: personal data relating to the inherited or acquired genetic characteristics of a natural person that provide unique information about that person's physiology or health and that result in particular from an analysis of a biological sample from that person;

• s.

  biometric data: personal data resulting from specific technical processing relating to the physical, physiological, or behavioral characteristics of a natural person that allow or confirm the unambiguous identification of that person, such as facial images or dactyloscopic data;

• t.

  data on health: personal data relating to the physical or mental health of a natural person, including data on health services provided, providing information about his health;

• u.

  profiling: any form of automated processing of personal data in which certain personal aspects of a natural person are evaluated on the basis of that data, with the aim of analyzing or predicting, in particular, aspects relating to his professional performance, economic situation, health, personal preferences, interests, reliability, behavior, location or travel;

• v.

  third country means any country or territory that is not a member state or is not a part thereof;

• w.

  international organization means an organization and the public international bodies or other organs under it established by or pursuant to an agreement between two or more countries;

• x.

  Directive: Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data, and repealing Council Framework Decision 2008/977/JHA;

• y.

  member state: member state of the European Union that has implemented the directive.