Key Benefits:
The National Computer and Information Commission Freedoms,
Seizure by the Ministry of Employment, Labour and Social Cohesion of a draft decree in the Council of State, of draft decree and of the request for an opinion on the arrangements for the contract of the future and contract insert-income Minimum of activity;
In view of the Council of Europe Convention No 108 for the protection of persons with regard to the automatic processing of personal data;
In view of Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data;
In view of Act No. 78-17 of 6 January 1978 relating to computers, files and Freedoms, as amended by Act No. 2004-801 of 6 August 2004, on the protection of natural persons with regard to the processing of personal data, and in particular Articles 11 (4) and 27-I;
Due to Act No. 2005-32 of 18 January 2005 programming for social cohesion;
Given the deliberations of the CNIL n ° 93-107 of 7 December 1993 and n ° 2005-021 of 17 February 2005;
After hearing Mr Hubert Bouchet, Commissioner, in his report, and Mrs Catherine Pozzo di Borgo, Deputy Commissioner of the Government, in his observations,
makes the following observations:
The Act of 18 January 2005 for programming for social cohesion includes a component devoted to the " Mobilization for employment ".
To this This Act provides, in particular, for the introduction of new vocational integration schemes (assisted contracts) for the benefit of the public beneficiaries of the minimum income for insertion (RMI), the allocation of an isolated parent (API) and the allocation of Solidarity specific (SSA): the contract of the future and the contract insert-minimum income of activity.
The committee has before it for opinion, in accordance with Articles 11 (4 °) and 27-I of the Act of 6 January 1978 amended, by the Ministry of Employment, Of the work and vocational training of a draft decree in the Council of State adopted pursuant to the provisions of Articles L. 322-4-10 et seq. And L. 322-4-15 et seq. Of the Labour Code of 18 January 2005, of two Draft decree specifying the models of conventions and requests for advice relating to the creation of the information system necessary for the management of these assisted contract devices.
The contract insert-minimum activity income (CI-RMA) is Intended for the vocational integration of the beneficiaries of certain social minima (minimum insertion income, isolated parent allowance, special solidarity allowance for the long-term unemployed at the end of rights)
Concerns employers in the merchant sector, in particular private industrial and commercial establishments, employers' groups, maritime fishing employers, public or ministerial offices, the liberal professions and the Associations.
The conclusion of a CI-RMA is subject to the signing of an agreement between the State and the employer, with regard to the public API and the SSA and between the General Council and the employer in relation to the RMI public. This Convention lays down the conditions for the implementation of the vocational integration project of the employee concerned in the context of his integration journey.
The contract of the future (CA) is the equivalent of the CI-RMA for employers in the sector not Merchant (territorial authorities, other legal persons governed by public law, bodies governed by private law in charge of a public service).
It is implemented by the department or by the commune of residence of the beneficiary (if applicable, by The public institution of inter-communal cooperation to which the municipality belongs) after signature with the State of a convention of objectives which schedule the number of entries in the device in the territory concerned and after signature of a convention With the employer and the recipient. The latter defines the professional project of the beneficiary of the contract of the future and lays down the accompanying conditions in employment and the actions of professional training and validation of the acquired experience necessary for the realization The
-CI-RMA information system will be based first on the transmission by the family allowance funds, the funds of the agricultural social mutuality and the ASSEDIC from the list of beneficiaries Social minima to the regional CNASEA delegation territorially competent.
For the preparation of " Objective conventions " Contracts for the future, each regional CNASEA delegation will then forward to the Prescribers (General Council, Communes, public institutions for inter-communal or delegated cooperation) a count of the potential beneficiaries of the scheme in their jurisdiction. This count will allow them to engage with the state on annual and multi-year targets for future contract signatures.
For the preparation of future contracts between the prescriber, the employer and the beneficiary, the delegation Regional of the CNASEA shall transmit to the prescriber of a convention of objectives, at his request, the nominative list of persons eligible for the scheme in the territory concerned. This latter transmission is also provided for under the CI-RMA.
The signed agreements will then be sent to the regional delegations of the NAASEA in hard copy. A copy will also be retained by the prescriber, by the employer and by the employee, as well as transmitted to the collecting body for social security contributions (URSSAF or fund of the agricultural social mutuality) due to the exemption from Social security contributions to the employer.
The CNASEA will not intervene as part of the CI-RMA information system for RMI tenants, which is led by the General Council.
The CNASEA will be responsible for the seizure IT of the conventions received. This seizure will allow the regional delegations to proceed with the payment of State aid and the related control. It will also enable it to make available to the central and regional offices of the Ministry of Employment and the ANPE statistical data in the context of their pilotage mission, and personal data in the context of monitoring Individual of the conventions (Prescribers of the contract of the future or CI-RMA, departmental directorates of labour, employment and vocational training [DDTEFP]).
These information transmissions will be carried out via a secure extranet or by Regular extraction of the CNASEA databases.
The management services of the conventions and responsible for the control of individual situations (local employment agency, DDTEFP and CNASEA) will be made recipients of data including The identity of the employee or employer.
The family allowance funds, the funds of the agricultural social mutuality and the ASSEDIC will also be recipients of personal data relating to their tenants for determination and The liquidation of their allocation rights.
The services responsible for the piloting and statistical monitoring of the devices will only be addressed with aggregate data.
The Commission takes note of the fact that the direction of the animation of the Research, studies and statistics (DARES) of the Ministry of Employment will be made only of individual data allowing indirect identification of persons (convention number) for the purposes of a one-off constitution Representative statistical samples. In the latter case, DARES will ask the CNASEA for the identity and contact details of the persons concerned by the panel on the basis of the number of their convention.
The Commission does not have any comments on the draft order specifying the Models of contract for the contract of the future and contract insert-minimum operating income,
Emet the following opinion on the draft decree presented by the Minister for Employment, Labour and Social Cohesion on the contract of the future and the Contract insert-minimum income of activity and authorising the implementation of the information system necessary for their management:
On transmissions by social bodies of personal data to the CNASEA:
In application of Article R. 322-17-11 of the draft decree and according to the information provided to the committee by the Ministry of Employment, Labour and Social Cohesion, the CA-CI RMA information system would rely on the transmission by the caisses Of family allowances, the funds of the agricultural social mutuality and the ASSEDIC from the list of beneficiaries of social minima (surname, first name, address, NIR, seniority in the allowance, amount of the allowance eligible for the arrangements) to the Regional delegation of the CNASEA territorially competent.
This transmission would require the constitution, by the National Family Allowance Fund (CNAF), by the Caisse centrale de la mutualité sociale agricole (CCMSA) and by the UNEDIC, National files of tenants meeting the conditions to benefit from a CA or a CI-RMA. These national files would then be forwarded to the CNESA to address them to the regional competent regional delegations.
The Committee observes in this respect that, if such a communication of personal data May find its basis in the combined reading of Articles L. 322-11, L. 322-4-12 and L. 322-4-13 of the Labour Code in relation to the contract of the future, an equivalent legal basis seems to be lacking in the contract insert-minimum income The
recommends that the communication by the national bodies (CNAF, CCMSA, UNEDIC) of the list of eligible persons to the CAs and CI-RMA in a given territory be carried out at the request of the regional delegations of the CNASEA, Immediately after the signing of an agreement of objectives in the framework of the contract of the future or immediately after a request made to the CNASEA, the General Council or its delegate effectively entrusted with the requirement of CI-RMA.
This solution would have the advantage of avoiding the establishment by the CNASEA of national bases identifying all the beneficiaries of the social minima concerned and of having a mechanism based on the requests for a The specific territory identified by the regional delegations of the NAASEA to take into account the requests made by the communities concerned. It would not call into question the transmission to the CNASEA and the awarding bodies of contracts, by the appropriate social minimum management bodies, of aggregated statistical data allowing them to assess the number of beneficiaries The
notes that the elements transmitted by the Ministry of Employment do not allow for the establishment of contracts for the future. Have a clear vision of how these national tenants' files are to be set up, their transmission to the CNASEA and the processing of data (reception, integration, sorting, conservation) within the CNASEA and its delegations Regional. It recalls that, as a result, the national funds concerned will have to provide the Commission with the necessary clarifications on the part of the information system which concerns them, as part of the filing of their prior formalities files. It also asks to be informed of the modalities chosen by the Ministry for the treatment operated by the CNASEA from the national bases obtained from the social agencies.
On the relevance of the data collected:
Among the Personal data entered in the CA and CI-RMA forms and then recorded and transmitted by the CNASEA is the nationality in the form " France, European Union, outside the European Union " In order to meet obligations European statistics relating in particular to ' European Employment Strategy (PNAE) ".
The use of the NIR is justified by the need to identify in a certain way the beneficiaries of the social minima involved in trade between the two CNASEA and the social agencies (CAF, MSA, ASSEDIC), in particular to the extent that they need to monitor the situation of their tenants in order to calculate the amount of the allowance paid.
The transmission of the address of the Employee to departmental statistical services is required for " Territorialized analysis " Labour market policies. It will avoid the inclusion in the forms of the potentially discriminatory reference to a sensitive urban area (ZUS) of the beneficiaries of the contract assisted, while at the same time allowing the access of these audiences to be evaluated. Employment policy instruments. The data " Address " Will be replaced, after annual processing by INSEE from a file extract transmitted by the CNASEA, by data from " Geolocation " Statistics (common code, ZUS, urban unit, IRIS).
On durations Data retention and security measures:
The CNASEA will not retain the data beyond one year from the output of the CA or CI-RMA.
Personal data transmitted for statistical purposes will be Held by DARES over a five-year period for the piloting of employment policies (measurement of policy impacts and knowledge of the public assisted over significant periods). The statistical samples compiled by the DARES will not be kept beyond the completion of the study with recipients of assisted contracts.
The Commission notes that, subject to the reserve expressed in respect of the CNASEA, each Intervenor in the device shall have access only to the information necessary for the exercise of its tasks (prescription, control, pilotage, statistics); thus, the security measures envisaged in the framework of the information system CA-CI-RMA Are considered satisfactory.
On the information of persons:
The draft forms submitted to the committee contain information relating to the application of the Act of 6 January 1978 on the recipients of the data and on The existence of a right of access and rectification for the benefit of the identified persons.
On the description of the treatment and the guarantees provided for:
The committee wishes to clarify, in the draft decree before it, The description and the guarantees provided in the framework of the information system relating to contracts of the future and contracts insert-minimum income of activity.
To this effect, it proposes that Articles R. 322-17-11 and R. 322-17-13 of the code of the The work of the draft order is replaced by a section R. 322-17-11 worded as follows:
" Art. R. 322-17-11. -I.-Automated processing of personal data is implemented to ensure the management, control and accounting and statistical monitoring of the arrangements for contracts of the future and contracts insert-minimum income of activity
II. -For the implementation of these arrangements, the bodies referred to in Article L. 262-30 of the Code of Social Action and Families and in Article L. 351-21 of the Labour Code shall transmit electronically to the National Development Centre The structures of the farms the data necessary for the identification of the beneficiaries of the minimum income allocation for insertion, the allocation of an isolated parent and the specific solidarity allowance fulfilling the conditions To benefit from a contract of the future or contract insert-minimum business income.
These data are as follows:
a) Name, address;
b) Date of birth;
c) The national directory entry number Identification of natural persons;
d) The amount of the allowance received and the duration of entitlement to the allowance.
III. -With a view to the preparation and conclusion of the contract agreements for the future, the National Centre for the Management of Agricultural Structures shall forward to the executive of the territorial community or the public establishment of Inter-communal or delegated cooperation, at its request, the personal information relating to persons fulfilling the conditions laid down in Article R. 322-17: the name, address, date of birth and nature of the allowance Giving rise to the application of the provisions laid down in Article R. 322-17-1.
The transmission of this information shall take place after the executive body of the territorial community or the public establishment of inter-communal cooperation has Concluded a convention with the representative of the State in the department determining the terms of engagement of the territorial community and, where appropriate, the delegated body in the implementation of the contract agreements
IV. -With a view to the preparation and conclusion of the contract agreements insert-minimum operating income, the National Centre for the Management of Agricultural Structures shall forward to the competent service of the General Council or the Agency The data relating to persons fulfilling the conditions laid down in Article R. 322-17, at its request, shall be the name, address, date of birth and nature of the allowance giving rise to the application of the Article R. 322-17-1.
V.-The National Centre for the Management of Agricultural Structures is responsible for the data entry of data entered in the conventions in accordance with Articles R. 322-17-5 And R. 322-17-14 of the Labour Code.
This data is used by the Regional Delegations of the National Centre for the Management of Farm Structures for:
1 ° The calculation and payment of the amount of the To make to the employer body remuneration paid to the employee recruited in the contract of the future or in contract insert-minimum income for insertion and the aid granted to the employer pursuant to Article R. 322-17-10 ;
2 ° Development of anonymous statistical and financial data.
VI. -For the application of the provisions laid down in Articles R. 351-35, R. 262-8 of the Code of Social Action and Families, R. 524-3 of the Social Security Code, the National Centre for the Management of Agricultural Structures transmits To the bodies referred to in Article L. 262-30 of the Code of Social Action and Families and to Article L. 351-21 of the Labour Code:
1 ° Nominal information relating to persons who have entered into a contract of the future and are required to Determination, processing and disposition of their allowances:
(a) The name and address of the employee on contract of the future;
(b) The registration number for the national directory of identification of natural persons;
(c) The effective date of the contract and its date of arrival;
(d) The amount of the corresponding income.
2 ° Information on any change in the status of the employee of the contract of the future or of the contract insert-minimum income Having the effect of altering the amount of the aid to the employer referred to in the first paragraph of Article L. 322-4-12, in particular in the event of suspension or termination of the contract of the future in the cases provided for in Articles L. 122-3-8 or first And second paragraphs of Article L. 322-4-12.
VII. -Within the framework of the management of contracts of the future, their control and their financial and statistical monitoring, only the departmental directorates of labour, employment and vocational training and, at their request, the competent services Territorial authorities, public institutions for inter-municipal cooperation and delegates fulfilling the conditions laid down in the second paragraph of Article III of this Article may be addressed to the personal data Contained in the conventions, with the exception of the registration number in the national directory for the identification of natural persons.
In the framework of the management of contracts insert-minimum income of activity, their control and monitoring Financial and statistical data, only the departmental directorates of labour, employment and vocational training and, at their request, the competent services of the General Council and the local employment agency may be addressed to the Personal data contained in the conventions, with the exception of the national identification number for natural persons.
VIII. -For the purposes of financial and statistical monitoring of the conditions for the implementation of these contracts, the Presidents of the General Councils, the Prefects of Department, the Regional Directorates for Labour, Employment and Vocational Training, the General delegation to employment and vocational training are the recipients of aggregate statistical data.
Statistical services of the Ministry of Employment are the recipients of aggregated statistical data and information Individual extracted from previously anonymized conventions for the compilation of representative statistical samples.
IX. -Personal data may not be kept beyond the period necessary for the purposes referred to in II to VIII.
Registration, use, storage and transmission of such data shall be carried out In accordance with procedures to ensure their confidentiality.
The transmission arrangements for the exchange of personal information mentioned for the purposes of this Article shall be fixed by order of the Minister responsible for employment After advice from the National Information and Freedom Commission.
X. -The beneficiary of the contract of the future may exercise his right of access under Article 39 of Act No. 78-17 of 6 January 1978 with the executive body of the Territorial or public institution of intercommunal cooperation or of the delegated body designated for this purpose responsible for the processing of the application for a convention and the supervision of its application, and of the regional delegation of the National centre for the development of farm structures.
The beneficiary of the minimum income insertion-income contract may exercise his right of access under Article 39 of Law n ° 78-17 of 6 January 1978 to the Chairman of the General Council or the local employment agency responsible for the processing of the application for convention and the supervision of its application, and of the regional delegation of the National Centre for the Management of Farm Structures
an adjustment is made, the body making the correction shall notify the person who has issued the information or has been made the recipient of the correction. "
Done at Paris, March 3, 2005.
For the Commission:
The President,
A. Türk
