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Abstract
Art. L. 133-5 of the Social Security Code (inserted by art. 73 (I) of the Act 2001-1246 of 21 December 2001) provides for the organisation of a service to assist in the preparation of social declarations and pay slips for the benefit of enterprises. This service is organised by the public interest group "Modernisation of social declarations" (GIP-MDS) consisting of all social protection bodies authorised by the 5th paragraph of the same art. For the implementation of the said service, to collect and retain the registration number in the national directory of identification of the natural persons concerned (NIR number). The same paragraph provides that a decree defines the conditions for the collection and conservation of the NIR. Art. 1 of this Decree shall add to the list of bodies which may use the NIR, set out in Article R. 115-1 of the said Code (derived from Art. 3 of Decree 95-649 of 9 May 1995), the GIP-MDS as well as the other social protection bodies (the institutions of unemployment insurance and paid leave funds) which do not have the use of the NIR for the management of employees. Art. 2 specifies that the use of the NIIR is strictly reserved for the implementation of the service provided by law. Art. 3 defines the conditions under which the data are collected: either from the reporting companies or their agents (accountants or management centres) or from the social protection bodies for the data they would have Already had to know. Art. 4 and 5 provide for the security conditions in which the collection, transmission and retention of data are carried out: electronic transmissions must be encrypted, and the IPTF must report annually (to the CNIL and to the DCSSI) of the arrangements made to ensure this security. Finally, art. 6 sets the rules for data retention time.
Keywords
HEALTH, SOCIAL SECURITY, CODE OF SOCIAL SECURITY, ENTERPRISE, SOCIAL OFFICE, EMPLOYER, FORMALIN, DECLARATION , GIP, PUBLIC INTEREST GROUP, MODERNIZATION OF SOCIAL DECLARATAIONS, MDS, GIP-MDS , SOCIAL DECLARATION, RNIPP, NATIONAL DIRECTORY OF IDENTIFICATION OF NATURAL PERSONS, REGISTRATION NUMBER
USAGE JORF n ° 79 of 3 April 2003 page 5900
text number 32
Decree n ° 2003-303 of 27 March 2003 on the use of the registration number in the national directory for the identification of natural persons for the social declarations of undertakings and amending the social security code (Second part: Orders in State Council) NOR: SANS0320814D ELI: https://www.legifrance.gouv.fr/eli/decret/2003/3/27/SANS0320814D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2003/3/27/2003-303/jo/texte
Prime Minister,
On the report of the Minister of Social Affairs, Work and Solidarity and the Minister of Health, Family and Disabled Persons,
In view of the Social Security Code, in particular Article L. 133-5;
Given the Labour Code;
Law No. 78-17 of 6 January 1978 relating to computers, files and freedoms;
In view of Law No. 79-18 of 3 January 1979 on the archives;
In view of the opinion of the National Commission on Informatics and Freedoms of 19 December 2002;
In view of the opinion of the Board of Directors of the Central Agency of Social Security Bodies dated 14 February 2003;
In view of the opinion of the Board of Directors of the National Pension Insurance Fund for Employed Employees as of 19 February 2003 ;
The Conseil d' Etat (social section) heard,
Describes:
Article 1
Added to Article R. 115-1 of the Social Security Code a 6 ° thus written:
" 6 ° The bodies managing the schemes referred to in Articles L. 223-16 and L. 351-2 of the Labour Code, as well as the body mentioned in the last sentence of the first subparagraph of I of Article L. 133-5. " Item 2
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Added to article R. 115-2 of the same code a 6 ° so written:
" 6 ° That the bodies mentioned in the 1 °, 3 ° and 6 ° of the same article shall apply the I of Article L. 133-5 for the social declarations to which the undertakings are subject. "
Item 3
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It is inserted after Article R. 115-2 of the same code Article R. 115-3 thus written:
" Art. A. 115 -3. -I.-The information gathered in the framework of the services provided for in Article L. 133-5 shall be collected by the body referred to in the last sentence of the first subparagraph of I of this Article, directly to the registrants or their Agents or, where applicable, collected from the organizations referred to in section R. 115 -2.
II. -The electronic transmission of this information is encrypted.
III. -The body referred to in the last sentence of the first subparagraph of Article L. 133-5 of the first subparagraph shall collect and retain the data it collects, within the framework of those services, under conditions which make it possible to ensure its security
Every year the conditions under which the security of data collection and retention are ensured, by means of an evaluation report submitted to the Minister responsible for information systems security and the National Commission Information technology and freedoms.
IV. -The data collected shall be kept, for the declaration referred to in Article R. 243-14 for a period of three months, and, for the other declarations, up to the expiry of the time-limits for litigation
The preceding paragraph, these data will be destroyed, without prejudice to the law of 3 January 1979 on the archives. "
Item 4
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The Minister for Social Affairs, Labour and Solidarity and the Minister of Health, Family and Disabled Persons shall each have responsibility for the implementation of this Decree, Which will be published in the Official Journal of the French Republic.
Done at Paris, March 27, 2003.
Jean-Pierre Raffarin
By the First Minister:
The Minister of Health, the
Family and People with Disabilities,
Jean-François Mattei
The Minister of Social Affairs,
of Work and Solidarity,
François Fillon
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