Legal interception

BIPT plays a particularly active role in the following themes: the identification of end-users, traffic data retention and the terms and conditions of the collaboration with the courts and the intelligence and security services. 

The matter of the identification of end-users by operators is covered by Article 127 of the Act of 13 June 2005 on electronic communications. This site also includes FAQs on this theme. The issue of the identification of end-users by the persons referred to in paragraphs 5 and 6 of Article 9 of the same Act is addressed in paragraph 7 of the same Article. 

The matter of the retention of data by operators is covered by Articles 126 and 145 of the Act of 13 June 2005 on the electronic communications and by the Royal Decree of 19 September 2013 implementing Article 126. These texts ensure the complete transposition into Belgian law of the European directive 2006/24/EC called the “data retention directive”. The matter of the retention of data by the persons referred to in paragraphs 5 and 6 of Article 9 of the same Act is addressed in paragraph 7 of the same Article. 

The matter of the collaboration with the courts and the intelligence and security services is covered by the following texts: 

  1. Articles 46bis, 88bis, 90ter and quater of the Code of Criminal Procedure. This legislation does not fall within the control of BIPT;
  2. Articles 18/7, 18/8, 18/17 of the Organisation Act of 30 November 1998 of the intelligence and security services. This legislation does not fall within the control of BIPT either;
  3. The Royal Decree of 12 October 2010 determining the conditions of the legal collaboration obligation in case of judicial requests on electronic communications by the intelligence and security services (implementation of the Act of 13 June 2005 and of the Organisation Act of 30 November 1998 of the intelligence and security services);
  4. Royal Decree of 09 January 2003 determining the conditions of the legal collaboration obligation in case of judicial requests on electronic communications by the intelligence and security services (implementation of the Act of 13 June 2005 and of the Code of Criminal Procedure);
  5. Article 9, § 7, of the Act of 13 June 2005 (legislation applicable to the persons referred to in paragraphs 5 and 6 of Article 9 of the Act of 13 June 2005).