The Legal Aid Bureau is, in according with article 508/7 Judicial Code, a mere emanation of the Liege Bar Council, which is registered at the Crossroads Bank for Entreprises under number 0850.043.761 and whose registered offices are located at 4000 LIEGE, Place Saint-Lambert 16.
The Bar is the controller of the processing operations of the Legal Aid Bureau.
We attach great importance to the protection of the privacy of all persons whose data we collect and process.
The purpose of this policy is to explain to you who we are, which personal data we process, why and how we process them, for how long we process them, to whom we may transmit it and, above all, what are your rights over your personal data are and how you may exercise them.
Who is this policy aimed at ?
This policy concerns all natural persons who :
- Browse our website ;
- Use one or more of our services ;
- Assume the role of contact persons for one of our actual or potential suppliers ;
- Act in their capacity of appointed lawyers or contact persons for one of the appointed lawyers we work with or we are considering collaborating with ;
- Act as contact persons for a partner entity (be it an undertaking, public authority, professional federation of employers or workers, school, university,…), with which we have had, maintain or wish to develop a form of collaboration and whose data we process ;
- In general, provide us voluntarily with their personal data.
What are the processed data in the context of legal aid ?
In the context of legal, the Bar, its personnel, the Bar Council, the members of the Legal Aid Bureau and the appointed lawyers only collect and process the data that are strictly necessary for dealing with the file of the person seeking legal aid, his family and cohabitants.
The following categories of data may be collected :
1) Identification data :
- Data relating to the identification, including electronical identification, of the person, first name, surname, home address, e-mail address, phone number, gender, date and place of birth, civil status, nationality, identity photograph, password generated by one of the legal aid operating systems, IP address…
- Data regarding household composition.
- Contact details
- Date on professional and educational situations
- Medical data
- Data relating to trade union membership (via the unemployment certificate)
- Data relating to judicial and administrative procedures ;
- If applicable, pictures may also be taken for publication or communication purposes.
2) Financial data :
- Bank account number, account statements, tax assessment notice, payments,…
- Property and income data ;
3) Some additional data (e.g. language preference) are not always necessary, but may prove desirable, and some data are entirely optional (e.g. hobbies), so that we only process them if you choose to share them with us.
How do we collect personal data ?
We collect personal data through different channels :
- At your own initiative manifested by a clear and positive act, any manifestation of will that is free, specific, enlightened and unambiguous, be it made by e-mail, text message, verbally, by phone, while we are on duty, or in case of a visit, an event, a formation, by handing over your business card or in any other way ;
- When you identify yourself to our services as a person seeking legal aid / judicial assistance ;
- When you are identified by the person requesting our services in the context of defending his or your own interests, or in order to benefit or enable you to benefit from legal aid ;
- When you identify yourself to our services as a contact person for the services we provide ;
- When you browse our website (e.g. by fulfilling our online application form for legal aid) ;
- When your data have been publicly disclosed or if you yourself have made them publicly accessible on public/social media, including professional media (such as Facebook or LinkedIn).
Why do we process data and how do we legitimise such processing ?
The data collected during your application for legal aid and the processing of such data are necessary for us to review your application for legal aid and to ensure the performance, in the general interest, of our mission of public service of legal aid, as enshrined in article 23 Constitution which guarantees to everyone a right to lead a life in accordance with human dignity.
Such processing operations are also legally grounded in articles 508/7 Judicial Code and followings, as well as in the decrees implementing the Acts of 23 December 1998 and 16 July 2016, i.e. in particular the Royal Decree of 20 December 2003 determining the conditions for completely or partly free access to second-line legal aid and judicial assistance.
Moreover, and in accordance with the Royal Decree of 20 December 1999 implementing the modalities for the remuneration granted to lawyers in the context of second-line legal aid and relating to the subsidy for the costs related to the organisation of Legal Aid Bureaux, and more particularly articles 3 to 5, we are also required to establish statistics.
The collection and further processing of other data are necessary for the performance of our contractual or precontractual obligations towards you.
How do we process data ?
Data are processed confidentially, in accordance with the legal and regulatory rules imposed by the Bars.
We make sure to ensure an adequate level of technical and organisational data security, in accordance with the legislation in force in Belgium and the practices of our sector, in order to prevent any breach of data, i.e. in particular loss, destruction, public disclosure, unauthorised access to or misuse of data. In that regard, we also ensure confidentiality of data through conventions that are binding upon all of our collaborators.
Who do we share data with ?
Data relating to legal aid applicants and beneficiaries are transmitted, used and stored by the Legal Aid Bureau and the appointed lawyer, in accordance with our legal obligations, on an online platform managed by the Association of french- and german-speaking Bars (Avocats.be), which is registered in the Crossroads Bank for Enterprises under number 0850.260.032, and whose registered offices are located at 1060 Saint-Gilles, Avenue de la Toison d'Or 65.
Such data may also be transmitted to public services (e.g. FPS Justice), Legal Aid Commissions, the O.V.B. or other Legal Aid Bureaux, as part of the audit of our operations, the financing of our services and, in general, the performance of our mission.
How much time do we keep data ?
If you are denied legal aid, we may keep your data for 12 months, in case of a subsequent application, in order to verify the evolution of your financial and personal situations…
If you are granted legal aid or in case of a recourse pending against a decision of the Legal Aid Bureau, your data may be kept for a period of 5 years from the date of their archiving by the Legal Aid Bureau or from the outcome of the recourse procedure, in particular due to the legal provisions relating to professional liability (article 2276 Civil Code).
Upon expiry of such deadlines, your data will be destroyed.
In other situations, the data will be kept for the duration of the contractual relationship and, thereafter, as long as we are required by law to demonstrate compliance with our own obligations, i.e. mainly our tax and accounting obligations.
Upon expiry of such deadlines, your data will be destroyed.
What are your rights ?
We pay particular attention to the rights you have as data subjects. To exercise them, we invite you to contact our GDPR manager at the following e-mail address : Click here to show mail address or by postal mail at our contact address : Palais de Justice (Courts House), Place Saint-Lambert 16, 4000 LIEGE.
We will do everything in our power to respond to your request within 30 days, while respecting the rights and freedoms of all people concerned. Should we feel unable to do so, we would make sure to inform you as soon as possible.
Except if a legal provision in force in Belgium, including GDPR or professional secrecy, prevents it, you are entitled, by law, to the following rights :
- The right of access including the right to know whether we are processing your data ;
- The right to obtain a copy of the processed data ;
- The right to rectify the processed data ;
- The right to object to the processing of data ;
- The right to restrict the processing of data ;
- The right to erase the processed data;
- The right to the portability of the processed data ;
- The right to lodge a complaint with the Belgian Data Protection Authority (Rue de la Presse 35 - 1000 Bruxelles - www.autoriteprotectiondonnees.be)
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