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Basic principles of the ‘privacy’ law

The basic principles of the 'privacy' law are as follows:

Article 4 §1 Personal data must be:

1° processed loyally and lawfully;

2° collected for specific, explicit and legitimate purposes, and not subsequently processed in a manner incompatible with these purposes, bearing in mind all the relevant factors, in particular reasonable forecasts of the interested party and the applicable legal and statutory provisions. Subsequent processing for historical, statistical or scientific purposes is not deemed incompatible when undertaken in accordance with the conditions laid down by the King, having obtained the opinion of the Privacy Commission;  

3°  adequate, relevant and not excessive  with regard  to the purposes for which they are obtained or for which they are processed subsequently;  

4°  accurate and, if necessary, updated;  all reasonable measures must be taken so that inaccurate or incomplete data, in terms of the purposes for which they were obtained or for which they were subsequently processed, are deleted or corrected;  

5°  stored in a form that permits the identification  of the persons concerned for a period that does not exceed that necessary to fulfil the purposes for which they were obtained or for which they were subsequently processed. Having obtained the opinion of the Privacy Commission, the King provides for appropriate guarantees for personal data which are stored beyond the aforementioned period, for historical, statistical or scientific purposes.

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