Financial Crime World

Belgium’s Data Protection Law Raises Concerns Over Mass Surveillance

Broad Provisions Spark Controversy

A recent law in Belgium has sparked controversy over its broad and unclear provisions regarding the collection and processing of personal data. The law, which came into effect on September 5th, 2018, allows for the creation of a massive “data warehouse” that can be used to process vast amounts of personal information.

Unveiling OASIS

The legislation, known as OASIS (Operational Analysis Support System), has been criticized for its lack of transparency and clarity. It gives numerous public institutions, including social security authorities and labor inspectors, the power to collect and process large amounts of data for fraud prevention purposes.

  • Criticisms argue that this provision is too broad and could lead to mass surveillance.
  • The law does not provide clear guidelines on what types of data are being collected, how they will be used, or who will have access to them.

Accessing Information: A Difficult Task

The Belgian Data Protection Authority (Commission de la protection de la vie privée) has been critical of the law, stating that it lacks clarity and does not provide sufficient safeguards for individuals’ privacy. The authority has also expressed concerns over the potential impact on citizens’ fundamental rights, including their right to privacy.

  • Despite numerous requests, researchers have been unable to obtain official documents explaining how OASIS works, what data is being collected, or how it will be used.
  • Accessing information about OASIS is extremely difficult.

Violations of Fundamental Rights

The lack of transparency and clarity in the law has raised concerns over violations of fundamental rights, including the right to privacy. The Belgian Council of State has also expressed criticisms over the creation of a massive “data warehouse” processing large amounts of data without clear guidelines or safeguards.

  • “The creation of a ‘data warehouse’ processing a large number of data and concerning a large part, if not all, of citizens and possibly using profiling techniques cannot be considered as insignificant,” said the Council.
  • “The legislator must precisely determine the essential elements of these data processing operations.”

Conclusion

Belgium’s OASIS law has raised significant concerns over mass surveillance and violations of fundamental rights. The lack of transparency and clarity in the law has led to criticisms from various stakeholders, including the Belgian Data Protection Authority and the Council of State.

  • It is essential that the government provides clear guidelines on how personal data will be collected, processed, and used to ensure that citizens’ privacy is protected.
  • Until then, concerns over mass surveillance and violations of fundamental rights will continue to linger.