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Summary dated 1 September 2021 of the essential legal provisions regarding the retention periods of your archives.
Documents | Minimum retention period | Format | Start date of the retention period | Act |
---|---|---|---|---|
Personal data (being all information relating to an identified or identifiable natural person) | Personal data are kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed | Any format | As from the moment the personal data are processed | Article 28.5° act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and article 5 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC |
Images made by security cameras (general regulation that is not applicable to security cameras at the workplace) | In case the images cannot contribute to the evidence of a crime, of damages, or of nuisance or to the identifying of a perpetrator, a disruptor of the public order, a witness or a victim, the maximum retention period is one month. This period is extended to three months for places with a special security risk, determined by article 3 of the Royal Decree of 6 December 2018 (1) | Any format | This is not determined by law, but one can assume that the retention period commences as from the moment that the images have been made | Articles 5 till 7/3 act of March 21st, 2007 concerning the placement and the use of security cameras and article 3 Royal Decree of 6 December 2018 determining the places where the controller can point his surveillance cameras at the perimeter directly around the site, store the images from the surveillance cameras for three months and provide real-time access to the images to the police forces |
Images made by security cameras (at the workplace) |
A specific retention period is not provided for by law As the principles of the act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and of Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data are applicable to the images made by security cameras at the workplace, the images cannot be retained for a period longer than what is necessary for the achievement of the goals The goals are determined in articles 4 till 6 of the collective agreement (CAO) 68 of June 16th, 1998 concerning the protection of the personal privacy of employees from camera security at the workplace |
Any format | As from the moment that the images have been made |
Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC
Articles 4 till 6 of the collective agreement (CAO) 68 of June 16th, 1998 concerning the protection of the personal privacy of employees from camera security at the workplace |
Register of image processing activities (general regulation not applicable on security cameras in the work place) | The person responsible for the processing keeps a register with the image processing activities of security cameras carried out under his responsibility. This register exists in written form or in electronic form. Upon request, the person responsible for the processing provides this register to the Data Protection Authority and polices services. Articles 7 and 8 of the Royal Decree of 8 May 2018 determine the content of this register (2) | Any format | The data controller shall keep this register for as long as he carries out image processing with the surveillance cameras | Articles 5, 6 and 7 Act of March 21st, 2007 regulating the placement and usage of security cameras and articles 7, 8 and 9 Royal Decree of 8 May 2018 on declarations of installation and use of surveillance cameras and on the register of image processing activities of surveillance cameras |
Although we have composed this list with much care, Merak N.V. cannot be held responsible for any errors or any changes made to legislation.
(1) The places which, by their nature, pose a particular safety risk under the Royal Decree of 6 December 2018 are the following:
(2) The Royal Decree of 8 May 2018 provides that the register of image processing activities shall contain the following information: