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Archives of local and supra-local institutions

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Municipalities

General rule

Wallonia and Brussels

  • Not older than 30 years or older than 30 years old but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: Authorisation from municipal council (Wallonia) or council of mayors and aldermen (Brussels) required
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Law of 12 November 1997 about the publicity of the administration in the provinces and municipalities
  • Regulation (EU) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Flanders:

Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
  • Governance decree of 7 December 2018 - Title II, Chapter 3, about access to administrative documents; Flemish government decision on requests for scientific publications, referred to in article II.38 of the governance decree of 7 December 2018
 

Specific rules:

Civil status

  • Not older than 100 years:
    • Only public authorities, the person concerned, his or her marriage partner, legal representative, ancestors and descendants, heirs, notary public and lawyer can request an excerpt without explicit authorisation.
    • All other persons need an explicit authorisation issued by the family court of the judicial district in which the municipality is located.
  • Older than 100 years: freely accessible
Legal framework
  • Art. 29 of the Civil Code (excerpt or copy)
  • Art. 79 of the Civil Code (genealogical, historical or scientific purposes)

 

Remark: The legal framework for civil status was modified by the law of 21 December 2018, but in the absence of an implementing Royal Decree, the State Archives cannot apply it. Therefore, the old article 45 of the Code civil remains applicable until this decree is enacted. More information

Population register and foreigners register

  • Closed since less than 120 years: deliverance of excerpts or certificates or lists of persons is subject to written authorisation by the municipal council (Wallonia) / council of mayors and aldermen (Brussels and Flanders)
  • Closed since more than 120 years: accessible for genealogical, historical or other scientific research purposes
Legal framework
  • Royal decree of 16 July 1992 about the communication of information contained in the population registers and foreigners registers, modified by the royal decree of 5 January 2014

Public Centres for Social Welfare (CPAS/OCMW/ÖSHZ)

Wallonia, Brussels and German-speaking Community:

  • Not older than 30 years or older than 30 years but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: Authorisation from director (Wallonia) or secretary (Brussels) of concerned Public Centre for Social Welfare required
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Wallonia: Art. 31bis of the organic law of 8 July 1976 about public social welfare centres (introduced by art. 6ter of the decree of 2 April 1998)
  • Brussels: Ordinance of 26 June 1997 about the publicity of the administration
  • German-speaking Community: Decree of 16 October 1995 about the publicity of administrative documents
  • Regulation (EU) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Flanders:

Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
  • Governance decree of 7 December 2018 - Title II, Chapter 3, about access to administrative documents; Flemish government decision on requests for scientific publications, referred to in article II.38 of the governance decree of 7 December 2018

Inter-municipal cooperation bodies

Brussels and Wallonia:

  • Not older than 30 years or older than 30 years old but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: authorisation from board of administration of the inter-municipal cooperation body required
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Brussels: Law of 30 March 1995 about the publicity of the administration
  • Wallonia: Decree of 07 March 2001 about the publicity of the administration in the Walloon inter-municipal cooperation bodies, codified in articles L1561-1 to L1561-13 of the Local Democracy and Devolution Code.
  • Regulation (EU) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Flanders:

Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
  • Governance decree of 7 December 2018 - Title II, Chapter 3, about access to administrative documents; Flemish government decision on requests for scientific publications, referred to in article II.38 of the governance decree of 7 December 2018

Irrigation and drainage cooperatives

Wallonia:

  • Not older than 30 years or older than 30 years old but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: authorisation from superintendent of the irrigation cooperative or president of the drainage cooperative required
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Wallonia: Art. 26 and art. 35 of the law of 5 July 1956
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Flanders:

Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
  • Governance decree of 7 December 2018 - Title II, Chapter 3, about access to administrative documents; Flemish government decision on requests for scientific publications, referred to in article II.38 of the governance decree of 7 December 2018

Organisations charged with the management of temporal goods of recognised cults

Brussels, Wallonia and German-speaking Community

  • Not older than 30 years or older than 30 years old but not freely accessible due to legal restrictions, for example with regard to the protection of privacy and personal data: authorisation from president of organisation in charge of the management of temporal goods required
  • Older than 30 years but without legal restrictions: freely accessible
Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Brussels: Law of 30 March 1995 about the publicity of the administration
  • Wallonia: Decree of 30 March 1995 about the publicity of the administration
  • German-speaking Community: Decree of 16 October 1995 about the publicity of administrative documents
  • Regulation (EU) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data

Flanders:

Legal framework
  • Archives law of 24 June 1955 amended by the law of 6 May 2009
  • Regulation (UE) 2016/679 of 27 April 2016 on data protection and law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data
  • Governance decree of 7 December 2018 - Title II, Chapter 3, about access to administrative documents; Flemish government decision on requests for scientific publications, referred to in article II.38 of the governance decree of 7 December 2018
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