Privacy notice - Tester candidate registration

As part of your registration as a tester candidate for the development of the "SmartMove" governmental project, the Brussels Regional Public Service for Taxation, Brussels Fiscality (hereinafter "Brussels Fiscality"), will process the personal data provided by you.

Your personal data shall be processed in compliance with the applicable legislation on the protection of personal data, and notably EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter "GDPR").

The present data protection notice applies exclusively to personal data processed by Brussels Fiscality within the framework of your registration as a SmartMove tester candidate.

According to the legislation on privacy protection, personal data means “any information relating to an identified or identifiable natural person”, whether you can be identified directly from the data concerned or by reference.

Brussels Fiscality (Brussels Regional Public Service for Taxation), located at Sint-Lazarusplein 2, 1210 Brussels, represented by its Managing Director, is the Controller.

Like all public authorities, Brussels Fiscality has a Data Protection Officer, whose principal role is to ensure that Brussels Fiscality complies with the legislation on data protection. The Data Protection Officer can be contacted via the following address: dpo.bf@fisc.brussels.

The legal basis for the processing of personal data by Brussels Fiscality within the framework of your registration as a tester candidate is your consent, as provided for in Article 6.1 a) of the GDPR.

By confirming your registration, you acknowledge that you give your free, informed and unambiguous consent to the processing of your personal data for the purposes mentioned in the present privacy notice.

If you do not agree with the processing of your personal data, you are free to withdraw your consent at any point. From the moment you withdraw your consent, your data shall no longer be processed and shall be erased.

To withdraw your consent and be erased from the list of tester candidates, please send your request to info@smartmove.brussels.

Brussels Fiscality shall process your personal data for the purpose of having a list of individuals who want to become a tester in the development of the applications and procedures that will be implemented in order to deploy SmartMove in the Brussels-Capital Region.

Given that the nature of the testing has not yet been established, the process shall consist solely of having a list of tester candidates, potentially categorised by profile type (single, family, etc.), so that when the test phase is launched, these individuals may be contacted again and asked to confirm their agreement to take part in the testing. Only at that moment, if the tester candidate confirms that he/she wants to take part in the testing, his/her personal data will be processed within this specific framework. Candidates will be specifically asked to provide a new consent  at this point, and the processing of personal data will be more extensive than the processing organised by way of the present Privacy Notice.

In order to register you as a tester candidate with Brussels Fiscality, the following personal data shall be collected and processed: 

Your personal data shall be subject to the following processing:

• collection
• recording
• structuring
• storage
• (if necessary) adaptation or alteration
• consultation
• use
• (where applicable) erasure

Your personal data shall be stored:

• until you withdraw your consent;
• by default, until the start of the test phase:
  • in the event that you do not take part in the testing, your data shall be erased when you indicate that you will not be participating in the testing in case Brussels Fiscality contacts you again or, if Brussels Fiscality has not contacted you again to  participate in the testing, at the end of the contact campaign;
  • if you do participate in the testing: your data shall be stored in compliance with the terms laid down in the personal data processing policy applicable to the performance of the tests.

Your personal data shall only be processed internally by Brussels Fiscality and shall be made available solely to the following recipients:

• Customer Management Department staff responsible for managing communication between the public and Brussels Fiscality.
• Project and IT Departments’ staff members responsible for implementing the SmartMove project testings.

Your personal data shall not be communicated to third parties.

In order to ensure the security and confidentiality of your data, Brussels Fiscality implements all the security measures necessary to prevent the loss of your data, to guarantee secure access to your data that is limited only to those individuals authorised to do so, and to prevent any unlawful use of your data.

As data subject, you have a number of rights in relation to your personal data, as recognised by the General Data Protection Regulation.

Right to access your personal data (Article 15 of the GDPR)

If you wish to check which data is being stored by Brussels Fiscality, and to find out the purposes of the collection and use of said data, you may submit a request to find out if your personal data is being processed and also to obtain other information regarding its use, notably the purposes of the processing, the categories of personal data concerned, the recipients of your personal data and the retention time.

Right to rectification of inaccurate data (Article 16 of the GDPR)

If you believe that your personal data stored by Brussels Fiscality is inaccurate, you may submit a request to have the incorrect data rectified. You can also request for any incomplete personal data to be completed.

Right to erasure of your personal data, where provided for by the General Data Protection Regulation (Article 17 of the GDPR)

You may request that Brussels Fiscality erase your personal data:

• when your personal data are no longer necessary in relation to the purposes for which they were collected; 
• when you withdraw your consent for your personal data to be processed by Brussels Fiscality, where there is no other legal ground for the processing;
• when, in application of Article 21 of the GDPR, you object to the processing of your personal data, and there are no compelling legitimate grounds for the processing;
• when your personal data have been unlawfully processed;
• when your personal data have to be erased for compliance with a legal obligation in European Union, Belgian or Brussels law.

Right to restriction of processing, where provided for by the General Data Protection Regulation (Article 18 of the GDPR)

In a limited number of cases, you may obtain the restriction of processing of your personal data. Unlike erasing your data, this means that Brussels Fiscality shall continue to possess your personal data, but may only process it, excluding processing required to store the data, with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.

You may exercise this right:

• when the processing is unlawful;
• when Brussels Fiscality no longer needs your personal data for the purposes for which they were collected, but you need them for the establishment, exercise or defence of legal claims.

You may also exercise this right when waiting for a decision regarding the exercise of one of the above mentioned, in order to temporarily restrict the processing of your personal data:

• the right to rectification: if your personal data are incorrect, you may request for processing to be suspended whilst your rectification request is being examined by Brussels Fiscality;
• the right to object: if you have submitted an objection to the processing of your personal data, you may request for processing to be suspended whilst your objection request is being examined by Brussels Fiscality.

To exercise any of the above mentioned, please submit your request as it follows

• by email, to the following address: privacy.fiscalite@fisc.brussels
• by post, to the following address:

Brussels Regional Public Service for Taxation
Directie Juridische Zaken en Beroepen
Sint-Lazarusplein 2
1210 Brussels

Please attach a copy of your ID card to your request. Should you wish to exercise the rights of another person, please also attach proof of your authority to act on their behalf.

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with the Belgian Data Protection Authority if you consider that the processing of your personal data constitutes a breach of the GDPR. You may also initiate legal proceedings if you consider that your rights have been infringed as a result of the processing of your personal data in breach of the GDRP.

To lodge a complaint, please send it to the Belgian Data Protection Authority directly as it follows:

• by email, by filling out the online form available at: https://autoriteprotectiondonnees.be/citoyen/agir/introduire-une-plainte
• by post, to the following address:

Gegevensbeschermingsautoriteit
Persstraat 35
1000 Brussels