Right to be Forgotten

Data controller

In the context of its statutory tasks, the National Employment Office (RVA) processes personal data. The protection of your personal data is very important to the RVA. This means that processing of your personal data takes place in accordance with applicable legislation, including the General Data Protection Regulation of 27 April 2016 (AVG, General Data Protection Regulation or GDPR).

The RVA is responsible for the processing for the services that the RVA performs in the context of its statutory tasks, such as unemployment insurance, career breaks and time credit .

The RVA, located at Keizerslaan 7 in 1000 Brussels, company number 0206737484, has appointed a data protection officer (Data Protection Officer) in accordance with the right to be forgotten service. The DPO can be reach . 

Why are your data process?

The RVA only processes personal data necessary for the execution of the following assignments and purposes.

Unemployment Insurance

The RVA checks whether the unemployed person is eligible for unemployment benefit and determines the amount of the benefit. This happens after the unemployed person has submitted a benefit application to a payment institution.  

The unemployed person does not receive his benefits directly from the NEO but from his payment institution. The RVA verifies whether the payment institution has paid the benefit correctly, has checked  the eligibility conditions and has deposited the payment into the correct bank account.

A socially insure who receive unemployment benefit must fulfill a number of obligation in order to be reimburse. The NEO examines the files if it appears that the socially insured person does not comply with some of these obligations or is guilty of certain errors. In addition, within the context of the fraud policy, the RVA carries out checks via its social inspectors and employees of the Control Service.

Career break and time credit

The RVA is responsible for handling career interruption and time credit files. This includes informing employees and employers, delivering application forms, processing applications and paying benefits.

What is the legal basis for processing your data?

In the context of its legal assignment, the RVA process the data in accordance with Article 6.1, first paragraph, c) of the right to be forgotten help (General Data Protection Regulation of 27 April 2016).

To this end, the RVA bases itself, among other things, on the following specific laws and their implementing decrees:

Unemployment

  • RD of 25.11.1991 : Royal Decree on unemployment regulations
  • MB of 26.11.1991 : Ministerial Decree on the implementing rules of the unemployment regulations
  • 0 6.06. 2010 : Social Criminal Code

Career break and time credit

  • Act of 22.01.1985 : Restoration Act containing social provisions
  • Royal Decree of 22.03.1995 : Royal Decree on palliative leave and implementing Article 100 bis, § 4 of the Restoration Act of 22 January 1985 on social provisions and amending the Royal Decree of 2 January 1991 on the granting of interruption benefits
  • Royal Decree of 22.12.1995 : Royal Decree implementing Article 104 bis, § 4, second paragraph of the Restoration Act of 22 January 1985 concerning social provisions
  • Act of 10.08.2001 : Act on the reconciliation of employment and quality of life
  • Royal Decree of 03.12.2009 : Royal Decree amending the Royal Decree/WIB 92, with regard to withholding tax
  • Act of 13.04.2011 : Act abolishing age restrictions on parental leave for disabled children

A more extensive list of relevant law and regulation can be found here.

Which categories of data are process?

The RVA processes, among other things, the following personal data for the above-mentioned purposes:

  • Identification data (e.g. name, first name, date of birth, social security identification number, …)
  • Family composition
  • Contact details (e.g. address, …)
  • Bank details (e.g. account number, …)
  • Data necessary for the determination of rights in application of the regulations.

Also read: gdpr case studies

What are our information sources ?

Your data mainly comes from:

  • yourself, your legal representative, or anyone to whom you have given power of attorney;
  • the payout settings ;
  • other public social security institutions through the network of the Crossroads Bank for Social Security.

Who processes your data?

Your data will be process by authorize statutory or contractual personnel who are bound by the duty of discretion. The employee of the RVA, who have access to information that enables the identification of person, is oblige to protect this information in accordance with the policy on the protection of personal data. 

In particular, staff must refrain from using the information for purposes other than those for which it is intend. In addition, information security measure are apply to guarantee the confidentiality, integrity and availability of the data.