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point 3;
(c)
issue of the bill or the payment operation, for each bill or payment operation, as regards the
data mentioned in point 4.’
Belgian law
54
The Law of 29 May 2016 amended, in particular, the loi du 13 juin 2005 relative aux
communications électroniques (Law of 13 June 2005 on electronic communications) (Moniteur
belge of 20 June 2005, p. 28070; ‘the Law of 13 June 2005’), the code d’instruction criminelle
(Code of Criminal Procedure) and the loi du 30 novembre 1998 organique des services de
renseignement et de sécurité (Basic Law of 30 November 1998 on the intelligence and security
services) (Moniteur belge of 18 December 1998, p. 40312; ‘the Law of 30 November 1998’).
55
Article 126 of the Law of 13 June 2005, as amended by the Law of 29 May 2016, provides:
‘1.
Without prejudice to the Loi du 8 décembre 1992 relative à la protection de la vie privée à
l’égard des traitements de données à caractère personnel (Law of 8 December 1992 on the
protection of privacy with respect to the processing of personal data), providers to the public of
telephony services, including via the Internet, Internet access and Internet-based email, operators
providing public electronic communications networks and operators providing any of those services
shall retain the data referred to in paragraph 3 where that data is generated or processed by them in
the course of providing the communications services concerned.
This article shall not concern the content of communications.
The obligation to retain the data referred to in paragraph 3 shall also apply to unsuccessful call
attempts, provided that that data is, in the course of providing the communications services
concerned:
(1)
generated or processed by operators of publicly available electronic communications services
or of a public electronic communications network, so far as concerns telephony data, or
(2)
logged by those providers, so far as concerns Internet data.
2.
Data retained under this article may be obtained, by simple request, from the providers and
operators referred to in the first subparagraph of paragraph 1, for the purposes and under the
conditions listed below, only by the following authorities:
(1)
judicial authorities, with a view to the investigation, detection and prosecution of offences, in
order to execute the measures referred to in Articles 46bis and 88bis of the Code of Criminal
Procedure and under the conditions laid down in those articles;
(2)
under the conditions laid down in this law, intelligence and security services, in order to carry
out intelligence missions employing the data-gathering methods referred to in Articles 16/2, 18/7
and 18/8 of the Basic Law of 30 November 1998 on the intelligence and security services;
(3)
any judicial police officer attached to the [Institut belge des services postaux et des
télécommunications (Belgian Institute for Postal Services and Telecommunications)], with a view
to the investigation, detection and prosecution of offences contrary to Articles 114 and 124 and this
article;
(4)
emergency services providing on-site assistance, in the case where, after having received an
emergency call, they cannot obtain from the provider or operator concerned the data identifying the
person having made the emergency call using the database referred to in the third subparagraph of
Article 107(2), or obtain incomplete or incorrect data. Only the data identifying the caller may be
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