Decree No 2003-303 Of 27 March 2003 Concerning The Use Of The Registration Number In The National Repertory Of Identification Of Physical Persons For Social Statements Incumbent Companies And Amending The Code Security So...

Original Language Title: Décret n° 2003-303 du 27 mars 2003 relatif à l'utilisation du numéro d'inscription au répertoire national d'identification des personnes physiques pour les déclarations sociales incombant aux entreprises et modifiant le code de la sécurité so...

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Abstract art. L. 133-5 of the code of social security (inserted by article 73 (I) Act 2001-1246 of 21 December 2001) provides for the Organization of emergency assistance in the development of social declarations and the payslips for the benefit of companies. This service is organised the 'modernisation of social declarations' public interest grouping (GIP - MDS) made up of all of the social protection agencies, authorized by the 5th paragraph of the same art. for the implementation of this service, to collect and retain the registration number in the national register for the identification of the individuals concerned (number NIR). That paragraph provides that a decree, sets the conditions collection and conservation of the NIR. Art. 1 of this order adds to the list of organizations that can use the NIR, contained in article R. 115 - 1 of the code (from s. 3 of Decree 95-649 dated May 9, 1995), the GIP - MDS as well as the other social protection bodies (managers of the unemployment insurance institutions and vacation funds) have not the use of the NIR for management employees. Art. 2 specifies that the use of the NIIR is strictly reserved for the implementation of the service under the Act. Art. 3 defines under what conditions the data collection occurs: either from the reporting companies or their agents (accounting or management centres), or from the welfare agencies for the data that they would already have to know. The art. 4 and 5 provide the security conditions under which the collection, transmission and conservation of data are performed: electronic transmissions must be encrypted, and IPTF needs annually (to the CNIL and the DCSSI) the arrangements made to ensure this security. Finally the art. 6 lays down the rules for the duration of data retention.
Keywords health, social security, CODE of social security, company, social support, employer, formality, DECLARATION, GIP, grouping of interest PUBLIC, modernization DECLARATAIONS social, MDS, GIP - MDS, DECLARATION social, RNIPP, directory NATIONAL of IDENTIFICATION of persons physical, registration number, use JORF n ° 79 of April 3, 2003 page 5900 text no. 32 Decree No 2003-303 of 27 March 2003 concerning the use of the registration number in the national Repertory of identification of persons for social reporting obligations to the enterprises and amending the code Security social second part: decrees in Council of State) 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, labour and solidarity and the Minister of health, family and disabled persons , Having regard to the code of social security, notably article L. 133 - 5;
Seen the labour code;
Pursuant to law n ° 78 - 17 of 6 January 1978 relating to data processing, files and freedoms;
Having regard to law No 79 - 18 of 3 January 1979 on archives;
Having regard to the opinion of the National Commission of data processing and freedoms dated December 19, 2002;
Having regard to the opinion of the Board of Directors of the Central Agency for social security bodies dated February 14, 2003;
Having regard to the opinion of the Board of Directors of the national insurance fund old-age employees dated February 19, 2003;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...

Added to article R. 115 - 1 of the social one safety code 6 ° as follows: "6 ° the bodies managing the plans referred to in articles L. 223 - 16 and L. 351 - 2 of the labour code, as well as the Agency referred to the last phrase of the first paragraph of article L I. 133-5..


Article 2 more on this article...

It is added to article R. 115 - 2 of the same code a 6 ° as follows: «6 ° that the agencies listed in the 1 °, 3 ° and 6 ° of the same article perform the pursuant of article L. 133 - 5 for social reports to which are subject enterprises.»


Article 3 read more on this article...

It is inserted after article R. 115 - 2 of the same code an article R. 115 - 3 worded as follows: «art.» 115-3. -I. - the information gathered for services under the I of article L. 133 - 5 are collected by the Agency referred to in the last sentence of the first paragraph of this article I Member, directly from registrants or their agents or, where appropriate, collected the bodies identified in the 6 ° of article r.. 115-2.
II. - Electronic transmission of this information is the subject of encryption.
III. - The body referred to the last phrase of the first paragraph of article L. 133 I - 5 collects and retains the data it collects as part of these services, in conditions which ensure the security.
It shall report annually the conditions in which the safety of the collection and conservation of data are insured, by means of an appraisal report submitted to the Minister responsible for the security of information and systems to the national data processing and Liberties Commission.
IV. - The data are kept, for the declaration referred to in article R. 243 - 14 for a period of three months, and for other statements, until expiry of the deadlines for contentious.
Beyond the time limits referred to in the preceding paragraph, these data will be destroyed, without prejudice to the law of 3 January 1979 on the archives. ' Article 4 more on this article...

The Minister of Social Affairs, labour and solidarity and the Minister of health, family and disabled persons are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.


Done at Paris, on March 27, 2003.
Jean-Pierre Raffarin by the Prime Minister: the Minister of health, family and disabled persons, Jean-François Mattei the Minister of Social Affairs, labour and solidarity, François Fillon

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