Indirect access pursuant to the TFTP Agreement
On 28 June 2010 the EU and the United States signed the so-called "TFTP Agreement". TFTP is short for "Terrorist Finance Tracking Program". The objective of this agreement is to offer a legal framework for the exchange of information between EU Member States and the US in the context of the fight against terrorism.
Since all citizens have the right to access and rectify the data the authorities process about them, articles 15 and 16 of this agreement also provide for the possibility to access the data processed about them pursuant to the TFTP Agreement, and to have them rectified, erased or blocked if required. To do so in Belgium, you have to address the Privacy Commission following a specific procedure. This procedure only applies to citizens with the nationality of one of the EU Members states, or who reside in an EU Member State permanently.
Article 15 of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program ("TFTP Agreement") enables access to data that are processed pursuant to this agreement. Article 16 provides for the right to rectify, erase or block incorrect data or data that are processed in violation of the agreement. Both articles stipulate that the national data protection authority, which is the Privacy Commission for Belgium, acts as an intermediary for contacts with the US Treasury Department, which is in charge of executing the TFTP Agreement.
If you would like to file a request as described in article 16 and/or 16 of the TFTP Agreement, you have to fill in and sign a number of forms, which can be found in the "Downloads" section in the top right-hand corner of this page:
- Form A: Identification Verification;
The Privacy Commission has to be able to verify if you are who you say you are. Consequently, have to send us a copy of an identifying document. Valid identifying documents are your electronic ID card, passport or driving licence. This copy will not be disclosed to the U.S. Treasury Department and will be destroyed at the latest 6 months after your case has been closed. If for some reason or other you are not able or willing to send us proof of your identity, in your letter you can request an appointment with one of the Privacy Commission's employees to show your ID.
- Form B: Article 15 Access Request
• Form C: Article 16 Rectification, Erasure or Blocking Request
Obviously you do not have to complete this form if you are only requesting to access your data;
- Form D: Waiver.
With this statement you declare to authorise the Privacy Commission to contact the US Treasury Department on your behalf.
You can send us extensive information about your request in letter accompanying the forms. Please indicate whether we can disclose this information to the U.S. Treasury Department or not.
As soon as we receive your request, we send the forms to the US Treasury Department. We will send you the information we receive from the US Treasury Department without undue delay. Please observer, however, that this information can be very limited since judicial data are involved.