Privacy Statement

PROCESSING OF PERSONAL DATA IN THE CONTEXT OF AN ONLINE APPOINTMENT


1. DEFINITIONS:

"Personal data":

any information on an identified or identifiable natural person. An identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an online identifier or one or more elements characterising the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

"Processing":

any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available by any means, alignment or combination, restriction, erasure or destruction.

"Controller":

any natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.

"Processor":

any natural or legal person, public authority, agency or other body which processes personal data for the benefit of the controller.

"Recipient":

any natural or legal person, public authority, agency or other body, whether or not a third party, to whom/which the personal data are disclosed.

"Third party":

any natural or legal person, public authority, agency or other body other than the data subject, the controller, the processor or the persons who, under the direct authority of the controller or the processor, are authorised to process the personal data.

"General Data Protection Regulation":

EU Regulation 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. Abbreviation: GDPR (General Data Protection Regulation)


2. CONTROLLER:

The controller for the processing of personal data in the context of online appointments at the Belgian diplomatic and consular missions or at the Legalisation Service in Brussels is:

The Minister for Foreign Affairs, represented by the Director-General for Consular Affairs.

Federal Public Service Foreign Affairs

Directorate-General for Consular Affairs

Rue des Petits Carmes 15

1000 Brussels

Belgium


3. THE DATA PROTECTION OFFICER (DPO):

Duties of the Data Protection Officer (DPO):

The DPO may be contacted by the persons concerned whose data is being processed by the FPS Foreign Affairs in the context of an online appointment, about all matters relating to the processing of their data, and more specifically:

  • the purposes of the data processing;
  • the legal basis for the processing;
  • the categories of personal data processed;
  • the categories of recipients of personal data;
  • whether personal data is transferred to third countries and what the appropriate safeguards are;
  • the storage period for personal data;
  • the existence of automated data processing; or the right to request corrections;
  • the right of rectification;
  • the right to request the erasure of data and the restriction of their processing;
  • the right to object to processing.
Contact details for the DPO:

You can contact the DPO:

  • using the web form
  • by e-mail: dpo@diplobel.fed.be
  • by post:

    Federal Public Service Foreign Affairs

    For the attention of the Data Protection Officer

    Rue des Petits Carmes 15

    1000 Brussels

    Belgium


4. PERSONAL DATA COLLECTED:

The personal data collected directly from you is:

  • Surname
  • Forename
  • e-mail address

5. PURPOSES OF PROCESSING:

In accordance with Article 6 of the GDPR, the Directorate-General for Consular Affairs only collects and uses your personal data as necessary:

  • To comply with a legal obligation;
  • For the performance of a task carried out in the public interest or in the exercise of official authority;
  • On the basis of your consent regarding the processing operations proposed to you in addition to our legal tasks, i.e. the handling and recording of an appointment with a Belgian diplomatic or consular post or with the Legalisation Service in Brussels.
  • The processing of personal data collected as part of the operation of the Intuition Machines, Inc. hCaptcha service has the following purpose: To protect the site's forms against abusive automated crawling and spam, and thus be able to respond effectively to genuine requests.

6. RECIPIENTS OF THE DATA:

Personal data relating to you that have been collected and processed by the Directorate-General for Consular Affairs will only be communicated to authorised staff members of the Belgian diplomatic mission or consular post or to the Legalisation Service in Brussels.

As part of the operation of the hCaptcha service, Intuition Machines Inc. may collect certain data (IP address, length of visit to the website, user mouse movements, etc.). For more information on the privacy policy and terms of use of hCaptcha and Intuition Machines, Inc. visit https://hcaptcha.com/privacy and https://hcaptcha.com/terms.


7. DATA RETENTION PERIOD:

  • If you are not registered in the consular population registers, your surname, forename and e-mail address will be stored as soon as you establish the appointment until the time of the appointment itself.
  • If you are registered in the consular population registers, a check will be carried out as to whether there is already a known e-mail address for you, and if not or it is no longer correct, the newly entered e-mail address will be stored for as long as you remain registered in the consular population registers.

8. RIGHT OF ACCESS, RECTIFICATION, ERASURE AND RESTRICTION OF PROCESSING:

A. Right of access:

You have the right to find out whether your personal data is being processed by the Directorate-General for Consular Affairs, and if so, you can inspect:

  • the purposes of the data processing;
  • the legal basis for the processing;
  • the categories of personal data processed;
  • the categories of recipients of personal data;
  • whether personal data is transferred to third countries and what the appropriate safeguards are;
  • the storage period for personal data or the criteria used;
  • the existence of automated data processing.

For these questions, please contact the relevant departments. A specific form must be completed and you will be asked to prove your identity.

B. Right of rectification:

You have the right to request the rectification of inaccurate personal data or to complete incomplete personal data.

If you should find that the Directorate-General for Consular Affairs has processed incorrect personal data about you or that this is incomplete, we would ask you in the first instance to contact the consular post where you are registered, asking it to correct incorrect data or complete incomplete data.

It is possible that the consular post managing your record will ask you for additional evidence or ask further questions to support your request.

If you have any further questions after contacting the competent services, you can contact the DPO (see 3. Data Protection Officer). You will be asked to prove your identity.

C. Right to erasure:

As the processing of your personal data is necessary for the performance of a task as part of a legal obligation entrusted to the Directorate-General for Consular Affairs, you do not have the right to request and obtain the erasure of your personal data.

If you have any further questions relating to the right to erasure, you can contact the DPO (see 3. Data Protection Officer). You will be asked to prove your identity.

D. Right to restriction:

As the processing of your personal data is necessary for the performance of a task as part of a legal obligation entrusted to the Directorate-General for Consular Affairs, you do not have the right to request and obtain the restricted processing of your personal data.

If you have any further questions relating to the right to restriction, you can contact the DPO (see 3. Data Protection Officer). You will be asked to prove your identity.

E. Right to portability:

As the Directorate-General for Consular Affairs is not processing your personal data on the basis of the performance of a contract, the right to portability does not apply. As a result, you do not have the right to receive your personal data from the Directorate-General for Consular Affairs in a structured, common and machine-readable form with a view to transferring them to another controller.

If you have any further questions relating to the right to portability, you can contact the DPO (see 3. Data Protection Officer). You will be asked to prove your identity.

F. Right of objection:

You may object to the processing of personal data insofar as the processing does not involve the performance of a task carried out in the public interest or in the exercise of official authority.

However, the Directorate-General for Consular Affairs may oppose this if there are compelling, legitimate grounds for processing which outweigh your interests, rights and freedoms or to bring, pursue or substantiate a legal claim.

If you object to the processing of personal data under the control of the Directorate-General for Consular Affairs, we would ask you to contact the DPO in the first instance (see 3. The Data Protection Officer). You will be asked to prove your identity.


9. REPLY AND RESPONSE TIMES:

If you invoke the right of access, the right of rectification, the right of erasure, the right of restriction or the right of objection, you will receive information on the action taken with your request within one month of receipt of the request. This period may be extended by an additional two months, depending on the complexity of your request or the number of ongoing requests. You will be notified of any such extension to the response time.

If your request will not be complied with, you will be informed of this with a justification, at the latest one month after receipt of your request. You will then have the opportunity to lodge a complaint with the supervisory authority and lodge an appeal with the court.


10. SUBMITTING A COMPLAINT TO THE NATIONAL SUPERVISORY AUTHORITY:

If you believe that the Directorate-General for Consular Affairs is not processing your personal data in accordance with the General Data Protection Regulation of 27 April 2016, you can lodge a complaint with the Data Protection Authority.

More information about this can be found on the Authority's website: https://www.dataprotectionauthority.be/citizen.

Data Protection Authority

Rue de la Presse 35

1000 Brussels

E-mail: contact@apd-gba.be

T: +32 2 274 48 00