2021-06-22
1 Purpose of this privacy statement
The Department ‘Flanders Chancellery and Foreign Office’ (DKBUZA) attaches great importance to your privacy and the careful handling of your personal data. When doing so, we always comply with privacy law requirements, including the General Data Protection Regulation (GDPR), and with the provisions of federal and Flemish legislation on the protection of natural persons with regard to the processing of personal data. With this privacy statement, we wish to inform you about the processing of your personal data. The Flanders Chancellery and Foreign Office of the Flemish public administration is the data controller for personal data.
If you have any questions or remarks about this privacy statement or about the protection of personal data by the Department, you can always contact us at dpo.dkbuza@vlaanderen.be
2 Processing of your personal data
2.1 When do we collect and process your personal data?
We only process personal data and we only have personal data processed if this is necessary for us to be able to perform the tasks assigned to us. We always process the data in accordance with the provisions of the General Data Protection Regulation (GDPR), and with the provisions of federal and Flemish legislation on the protection of natural persons with regard to the processing of personal data.
We collect and process your personal data when you request one of our services or contact us in the context of the services we provide. We may also process your personal data if you submit a general question to us. An arrangement may also be developed by decree or by the Government whereby we grant you a benefit or a detriment without you taking any action for this yourself. In this case, we must process your personal data to determine whether you are eligible for that benefit or whether we must impose a detriment on you, such as a fine.
2.2 Which data do we process?
The Department processes your personal data. Personal data are data that identify you or establish a link with you as a natural person. Which data we actually process depends on the services we offer and provide.
2.3 How do we collect and process your personal data?
We may request data directly from you in a form or in documents that you have to attach to a form. We may also obtain your data for the performance of our tasks carried out in the public interest, or by indirectly collecting them through publicly available databases, websites, or other public sources. We also retrieve data from other public authorities that already have them at their disposal. When doing so, we always comply with the provisions on the protection of natural persons with regard to the processing of personal data, which, where applicable, are laid down at federal or Flemish level.
2.4 On what grounds do we process your personal data?
As a public authority, we process your personal data for the performance of our tasks carried out in the public interest. When this is the case, you have additional rights (see Section 6: ’Rights in respect of your personal data’). The processing of personal data may also be based on a legal obligation.
We may process data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes.
Processing data for the performance of tasks not governed by public law is possible if you give your explicit consent, if the processing is the result of a contract to which you are party, or if we have legitimate interests for doing so. In this case we explicitly state the basis on which we are processing these data and which rights you have (see also Section 6: ‘Rights in respect of your personal data’).
2.5 Why do we process your personal data?
We process your personal data in order to provide a service that you request from us, or if we need to grant you a benefit or a detriment without you taking any action for this. We also use these data to perform our tasks carried out in the public interest pursued by the Flanders Chancellery and Foreign Office. These tasks result, among other things, from the Organisation Order of the Government of Flanders of 5 June 2005. More information about the competences of DKBUZA can be found here.
To perform our tasks carried out in the public interest, we also organise conferences, receptions, lectures and other events. During such events, photographs and other visual material may be processed on which you can be identified. We never process visual material on which you appear unless you agree to it yourself by posing voluntarily. This visual material is used for the Department’s general communication about its activities, e.g. on its website and social media and in information brochures.
3 To whom are your personal data disclosed?
Your data are mainly processed internally by our staff. In order to maintain and improve our service provision, we sometimes use third parties, such as developers and IT service providers. Your personal data may also be transferred to or consulted by these third party service providers, if necessary for the provision of their services. We conclude agreements with these third parties to ensure that they only process your personal data in accordance with the Department’s instructions and apply the same level of security and confidentiality as we do. The Department shall remain responsible for such processing operations by third parties.
At the request of the authorities or to comply with other legal obligations, some personal data may be transmitted to competent authorities, e.g. in the context of impending or pending legal proceedings or in the context of judicial investigations and requests for information.
We are occasionally required by law or decree to transfer your personal data, and public authorities have the right to request data from us. To do so, they must have an authorisation or a protocol.
4 Are your personal data transferred outside the European Union?
Under the GDPR, personal data may only be transferred to countries that guarantee a similar adequate level of protection. DKBUZA guarantees that no transfer shall take place to third countries for data processing or storage without all the necessary measures having been taken to meet the protection requirements from the GDPR.
We will only respond to a request to transfer or provide personal data to a country outside the European Union, based on a judgment of a court or tribunal or a decision of an administrative authority, if that judgment or that decision is based on an international agreement, such as a mutual legal assistance treaty in force between the requesting third country and the Union or a Member State, without prejudice to the other grounds for transfers to a third country pursuant to the GDPR.
5 How long do we keep your personal data?
As a general rule, we are only allowed to keep your personal data for the period during which they are necessary for the provision of certain services. We therefore keep your data for as long as you use our services. After that, we keep your data for the period during which we must be able to account for the services provided. This period depends on the services provided. After this period of limitation, the data are deleted, unless they are of historical, cultural or public interest.
When keeping data, a distinction is made between the period in which your file is active and the period in which it becomes passive. Your file is active as long as you use the service provided. In this case, staff who need your data in order to be able to perform their task have access to your data during that period. Afterwards, your file becomes passive and only a limited number of staff from the competent service have access to your data. Furthermore, we delete your data without undue delay upon your request (see Section 6 of this privacy statement).
6 Rights in respect of your personal data
You have various rights with respect to the processing of personal data:
- Right to object: If we process your personal data in the context of the public interest, you may object to the processing of your data at any time. In this case we assess whether your individual interests outweigh the public interest we are pursuing with the processing. If we are no longer allowed or able to process your data, it will also no longer be possible to provide you with the service or the benefit you are claiming. This right to object only has a suspensory effect if your interests (taking into account the specific situation) at first sight and explicitly outweigh the compelling interests of DKBUZA.
- Right of access to your personal data
- Right to rectification of your personal data
- Right to erasure of your personal data
- Right to withdraw consent on which the processing is based and the right to oppose the processing.
Requests for exercising your rights can be addressed in English to the Data Protection Officer (DPO) at dpo.dkbuza@vlaanderen.be. We ask that you provide proof of your identity so that your data are not disclosed to anyone who is not entitled to them.
In addition, you can lodge a complaint with the competent supervisory authority, i.e. the Flemish Supervisory Committee for the Processing of Personal Data (Vlaamse Toezichtcommissie voor de verwerking van persoonsgegevens/VTC).
Koning Albert II Laan 15 Brussel 1210
België
+32 (0)2 553 20 85
7 The security of your personal data
We implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk. We take into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing.
DKBUZA takes all necessary technical and organisational measures in accordance with the information classification model approved by the Steering Body for Flemish Information and ICT Policy (Stuurorgaan Vlaams Informatie en ICT-Beleid).
8 Changes to the privacy statement
We have the right to change and modify the policy. We shall at all times report changes and modifications via the website.
9 Contact details of the Data Protection Officer
Data Protection Officer of DKBUZA
Departement Kanselarij en Bestuur
Vlaamse overheid
Havenlaan 88 bus 100
1000 Brussel
België