A few days before the elections, the electoral campaign is in the final stretch. To put all the chances on their side, political parties do not hesitate to canvass Belgian voters whether by post or by electronic means. As this electoral targeting is subject to certain conditions, parties or candidates not complying with the regulations risk a fine of up to €5,000.
Indeed, your name, first name, address and your voter status, for example if you are a first-time voter, are referenced on the electoral lists. According to article 17 of the Electoral Code, “the municipal administration is required to issue specimens or copies of the list of voters”. In this case, 25 days before the election all “persons who act on behalf of a political party, who request it by registered mail addressed to the mayor […] and who undertake in writing to present a list of candidates to the Chamber” will be able to obtain an electronic and paper version of this famous list. This is the only legal way for parties to recover this personal information.
Belgians abroad voted on Wednesday
The campaign does not make politicians untouchable for the 2024 elections
Politicians are not untouchable, they must respect the principle of finality, the collection of personal data can only be used for electoral purposes. But also the principle of ‘lawfulness’ (what is lawful) which concerns the processing of data. Politicians must also honor people’s rights. Otherwise, candidates are liable to a fine, the first of which was awarded to a mayor who in 2019 had to pay €5,000.
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Direct marketing and personal rights
It is important to know that the said electoral advertisements have the obligation to make accessible to the targeted people their right to information, their right of access and rectification in the case of erroneous information and finally their right of opposition to the electoral targeting. Contacted by the editorial staff, the Belgian Data Protection Authority (ADP) explains to us “that in theory the right to object is supposed to be unconditional” and that to exercise it “you must contact your municipality directly, so that your right is notified on the electoral lists, or after having received an initial targeted political communication, contact the candidates or parties concerned directly. This right of opposition is only valid for the current elections, you will therefore have to reiterate your request for future electoral campaigns.
These citizen rights are essential because the use of personal data, whether or not in the context of elections, is considered direct marketing. Although there is no official definition at European level for this concept, parties must nevertheless comply with certain rules. This is particularly the case for electronic canvassing, whether SMS, telephone conversations or even emails, it is only authorized after obtaining the consent of the targeted person. However, this rule does not apply when you have “directly communicated your electronic data to a political party or proposed candidate”.
As a reminder, if one of your rights presented above is violated, you can file a complaint with the ADP, whose response time is one month.
