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Law / Belgium

Act of 30 July 2018 Articles 8-10, Special-Category Processing Grounds

Loi du 30 juillet 2018, Arts. 8-10

A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.

What follows is LexLint's own research summary of this law, not legal advice.

In force since 5 September 2018.

A sensitive categories rule binding public and private bodies.

As of 24 August 2026.

What it requires

  • Designate the specific staff with access to genetic, biometric, or health data of a person in Belgium, keep that list available to the GBA/APD, and bind those staff to confidentiality, per Act Article 9.
  • Do not treat a photo, video, or audio recording as processable merely because it is public; Belgium's own lawful-basis ground for manifestly public data is keyed to an affirmative act by the data subject, not a scope exclusion.

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

General Data Protection Regulation (GDPR) Article 9(1) lists biometric data processed for unique identification as a special category. Article 9 of the Act, read verbatim, requires every controller processing genetic, biometric, or health data to designate the categories of staff with access, keep that list available to the supervisory authority, and bind those staff to confidentiality.

Article 8, paragraph 1's final subparagraph outright prohibits genetic and biometric processing for unique identification by the specific associations and foundations it authorizes under Article 9(2)(g), absent particular legal provisions. Article 10, paragraph 1, point 6 makes processing of criminal-conviction data manifestly made public by the data subject a lawful-basis ground, not a scope exclusion.

When LexLint raises it

  • processes_biometrics
  • processes_voice
  • trains_models

Read the law

Moniteur belge, 5 September 2018, Arts. 8-10 (verbatim)

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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