The Constitutional Court’s Ruling of 18 June 2026
Update Explained
On 18 June 2026, the Belgian Constitutional Court ruled that certain articles of the Aliens Act violated constitutional and privacy rights if personal interviews were conducted via videoconference without specifying metadata use, access categories, and data retention periods. However, the Court agreed that if these interviews are not conducted through videoconference, no such violation occurs. As of 12 June 2026, the legal framework for applications under the Aliens Act changed in compliance with the European Union's Migration and Asylum Pact, establishing new legal bases for applications after this date. The CGRS has updated its data processing measures to comply with privacy regulations and ensures applicants receive a privacy statement before any personal interview.
What changed
The Court ruled that the specific articles of the Aliens Act are in breach if videoconference interviews are conducted without proper data handling specifications, but no breach occurs if interviews are not done via videoconference.
Why it matters
The decision means that personal interviews should not be conducted via videoconference unless data protection requirements are clarified and observed, thus safeguarding applicants' privacy rights.
Who is affected
- Applicants for personal interviews under the Aliens Act
- Immigration officials conducting interviews
Key dates
Ruling Date
Jun 18, 2026
Constitutional Court ruling on the Aliens Act articles.
Application Legal Basis Change
Jun 12, 2026
Change of legal basis for applications under the Aliens Act.
Key details
- The ruling specified breaches of privacy rights due to insufficient metadata handling specifications.
- For applications submitted from 12 June 2026, new legal bases from the EU Migration and Asylum Pact apply.
Important notes
The ruling is based on current compliance with privacy standards if interviews are not held via videoconference.