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Decree No. 2007-965 Of May 15, 2007 Authorizing The Creation Of Automated Processing Of Personal Data By The Departmental Houses For Persons With Disabilities And Amending The Code Of Social Action And Families (Part R...

Original Language Title: Décret n° 2007-965 du 15 mai 2007 autorisant la création d'un traitement automatisé de données à caractère personnel par les maisons départementales des personnes handicapées et modifiant le code de l'action sociale et des familles (partie r...

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SANTE , CODE OF SOCIAL ACTION AND FAMILIES, PERSONS WITH DISABILITIES, DEPARTMENT OF DISABLED PERSONS, TREATMENT AUTOMATISE, CREATION, COMPUTER FILE, PERSONAL CARACTERE, PERSONAL CARACTERE, CONFIDENTIALITY,




JORF No. 113 of May 16, 2007 page 9363
text number 215




Decree No. 2007-965 of 15 May 2007 authorising the creation of automatic processing of personal data by departmental houses of persons with disabilities and amending the Code of Social Action and Families (regulatory party)

NOR: SANA0721692D ELI: https://www.legifrance.gouv.fr/eli/decret/2007/5/15/SANA0721692D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2007/5/15/2007-965/jo/texte


The Prime Minister,
On the report of the Minister of Health and Solidarity,
Given the code of social action and families;
Given the code of education, in particular Articles L. 213-11, L. 213-14 and L. 821-5;
Given the social security code, in particular Articles L. 541-1, L. 821-1 and L. 821-2 ;
In view of the Labour Code, in particular Article L. 323-11;
In view of Act No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, in particular Articles 27 and 38;
Law No. 2005-102 of 11 February 2005 For equal rights and opportunities, participation and citizenship of persons with disabilities, including Article 95;
In view of the opinion of the National Commission on Informatics and Freedoms dated 18 January 2007;
In view of the opinion of the National Advisory Council for Persons with Disabilities dated 28 February 2007;
The Conseil d' Etat (social section) heard,
Describes:

Item 1 Read more about this article ...


Section 3 of Chapter VI of Title IV of Book I of the Code of Social Action and Families is supplemented by a sub-section 9 thus written:


" Subsection 9



"Automated Processing of Personal Data


" Art. R. 146-38. -I.-To carry out the tasks provided for in Article L. 146-3, the departmental house of persons with disabilities implements an automated processing of personal data, referred to as the "system of management and information of houses" Departments of persons with disabilities and governed by the provisions of this subsection.
" II. -The purpose of this processing is to:
" 1 ° The follow-up of the reception of persons for the services of the departmental house of persons with disabilities;
" 2 ° Statement of requests for the provision or guidance of the person with a disability;
" 3 ° The follow up of individual journeys by the disabled person, in particular with regard to school guidance and vocational guidance;
" 4 ° Management of the work of the multidisciplinary team conducting the assessment of the situation and the compensation needs of the disabled person referred to in Article L. 146-8;
" 5 ° The organisation and monitoring of the work of the Committee on the Rights and Autonomy of Persons with Disabilities referred to in Article L. 146-9, the notification of the decisions of the Committee to the users and bodies concerned, the monitoring of the Implementation of these decisions and the actions reserved for the guidelines by medical and social institutions or services and the management of possible remedies;
" 6 ° Simplification of user approaches, in particular when the decision of the Committee on Rights and Autonomy is implemented by a third body;
" 7 ° Management of the departmental compensation fund referred to in Article L. 146-5;
" 8 ° The production of statistics relating to persons who are targeted at the departmental house of persons with disabilities and the activity of the departmental houses of disabled persons, necessary for the monitoring of disability policies and The preparation and implementation of the departmental scheme, as well as the transmission of these statistics, pursuant to Articles L. 247-2 and L. 247-4, to interested bodies and
. III. -The head of this treatment is the director of the departmental house of persons with disabilities in the framework, in accordance with the provisions of Article R. 146-24, of the guidelines laid down by the executive committee of this interest group Public.
" Art. R. 146-39. -The categories of information recorded in the processing are:
" 1 ° Information about the disabled person:
" (a) National identification number for natural persons;
" (b) Surname, first name and, if applicable, usage name;
" (c) Date and place of birth, sex;
" (d) Nationality, according to one of the following categories: French, national of the European Union, national of a third country;
(e) Address of residence and, if applicable, residence;
" (f) Nature of the medical diagnosis, disability and activity limitations, designated by reference to the recognized classifications of disease and disability and the activity limitation nomenclatures, identified by order of the Minister Responsible for Persons with Disabilities;
" (g) Where applicable, legal protection regime;
" (h) Family status, family composition, existence of family caregivers and, in the case of minors, the employment status of the parents or the legal representative and, where appropriate, family caregivers;
" (i) Training level and professional status of the applicant;
" (j) In the case where the application relates to one of the benefits referred to in Articles L. 541-1, L. 821-1 and L. 821-2 of the Social Security Code and in Article L. 245-1 of the Code of Social Action and Families, resources taken into account for The allocation of these benefits and banking domicile;
" 2 ° Information about the legal representative of the applicant when he is a minor or a protected major:
" (a) National identification number for natural persons;
" (b) Surname, first name and, if applicable, usage name;
" (c) Addresses;
" D) Date and place of birth, sex;
" (e) Nature of the mandate under which the legal representative function is exercised;
3 ° Information about the nature of the requests and the sequence given to them:
" (a) Nature and purpose of the application;
" (b) Dates of the various stages of inquiry and examination of the request by the Committee on the Rights and Autonomy of Persons with Disabilities;
" (c) Multidisciplinary team composition;
" (d) Results of the assessment of the permanent disability and the compensation needs of the disabled person, expressed by reference to the activity limitation nomenclatures established by the Minister responsible for persons with disabilities;
" (e) Content of the customized disability compensation plan;
" (f) Nature, purpose, date, duration of validity and content of decisions of the Committee on the Rights and Autonomy of Persons with Disabilities;
" (g) Where applicable, the dates and the nature of the appeals and subsequent proceedings;
" 4 ° Multidisciplinary team and statement officer information:
" A) Last name, given names and, if applicable, usage name;
" (b) Business address;
" (c) Quality;
" 5 ° Information on members of the Committee on the Rights and Autonomy of Persons with Disabilities:
" A) Last name, given names and, if applicable, usage name;
" (b) Addresses;
" (c) Quality;
" D) Date of appointment.
" Art. R. 146-40. -I.-The information recorded concerning the person with a disability, and where appropriate his legal representative, cannot be kept in the processing system beyond a period of five years from the date of expiry of the validity of the The last decision taken or during which no intervention was recorded in the case of the disabled person.
" II. -The information recorded concerning the staff of the multidisciplinary team and the training staff cannot be kept beyond their presence in the departmental home or team. Information recorded concerning members of the Committee on the Rights and Autonomy of Persons with Disabilities may not be kept beyond the duration of their term of
. III. -Beyond this period, the information output from the processing system is archived on a separate medium and can be stored for ten years under conditions of security equivalent to those of other data recorded in the Treatment mentioned in R. 146-38.
" Art. R. 146-41. -Can access data processing:
" 1 ° To the exclusion of the medical information referred to in the f of 1 ° of Article R. 146-39, the servants of the departmental house of persons with disabilities individually appointed and empowered by the Director within the limits of their duties ;
" 2 ° For all the information, including medical information, the doctors of the multidisciplinary team and the persons they have individually designated and empowered;
" 3 ° Under the same conditions as at 1 °, the servants of the departmental house on which his new residence depends, when the disabled person has applied for a move or obtained a favourable decision.
" Art. R. 146-42. -I.-Are the recipients of the information strictly necessary for the exercise of their mission and within the limits of their duties the staff of the administrations and bodies involved in the management of the management of disability Hereinafter referred to, designated and empowered by the responsible authority of these Authorities and Agencies:
" 1 ° The agents of the département, on the one hand, for the payment of the benefits provided for in Articles L. 245-1 et seq. And in Article 95 of the Act of 11 February 2005 for equal rights and opportunities, participation and citizenship of persons Disability, on the other hand, for the payment of legal social aid and the payment of costs relating to school transport provided for in Article L. 213-11 of the Education Code; in the Ile-de-France region, in accordance with the provisions of the Articles L. 213-14 and L. 821-5 of the same code, the agents of the Syndicat des transports d' Ile-de-France for the care of school and university transportation costs;
" 2 ° The agents of the family allowance fund, for the payment of the benefits provided for in Articles L. 541-1 et seq. And L. 821-1 et seq. Of the Social Security Code;
" 3 ° The agents of sickness insurance bodies, for the care of reception and care in social and medico-social institutions;
" 4 ° The agents of the departmental services of national education, for the implementation of decisions relating to the education of young persons with disabilities;
5 ° The officers of the departmental directorate for labour, employment and vocational training, the National Employment Agency, the bodies responsible for the public employment service and the bodies referred to in Article L. 323-11 of the Labor code, for implementing career guidance decisions;
" 6 ° Agents of medical and social services for persons with disabilities;
" 7 ° Service agents of the departmental payor for the implementation of payments made under the departmental compensation fund;
" 8 ° The agents of the bodies referred to in Article L. 146-3 of this Code, for the subcontracted missions defined by the
. II. -Where the reception of persons, the management of data and the assessment of persons with disabilities are entrusted by the departmental house of persons with disabilities to one of the bodies referred to in Article L. 146-3, the agreement signed with The organisation must define the operations that it is authorised to carry out on the basis of the personal data to which it has access, as well as the commitments it makes to ensure their security and confidentiality, in particular The prohibition to use the data for purposes other than those indicated by the convention.
" Art. R. 146-43. -The data transmitted by the departmental house of persons with disabilities for statistical purposes includes an identifier guaranteeing anonymity established by an irreversible computer coding.
" Art. R. 146-44. -Information in accordance with the provisions of Article 32 of the amended law of 6 January 1978 relating to computers, files and freedoms appears on all application forms and is displayed in the premises of the house Departmental for disabled people.
" The right of access and rectification shall be exercised in accordance with Articles 39 and 40 of the same Law with the service designated by the data controller.
" Art. R. 146-45. -The right of opposition provided for in Article 38 of the amended law of 6 January 1978 relating to computers, files and freedoms does not apply to the treatment referred to in Article R. 146-38.
" Art. R. 146-46. -The automated processing referred to in Article R. 146-38 shall keep for a period of three months the information relating to the registrations and questions referred to it, specifying the identifier of the person who carried out the Operation.
" Art. R. 146-47. -Physical and logical protection measures are taken to ensure the security of data processing, to prevent any misuse or fraudulent use, including by unauthorized third parties, and to preserve their integrity.
" Access to data processing is only open to named agents and only for the operations to which they are authorized. Individual access to the application is done by a regularly renewed identifier and password, or any other secure device at least equivalent.
" An appropriate device limits remote connections only to the workstations of the administrative officers or agencies mentioned in R. 146-42 entitled to access the information system.
" A daily record of the connections is made. It is kept for a period of three months.
" Art. R. 146-48. -The implementation by the departmental house of persons with disabilities of the processing of personal data referred to in Article R. 146-38 shall be subject to the prior submission to the National Commission on Informatics and Freedoms A declaration that the treatment is in conformity with the provisions of this subsection. "

Item 2 Read more about this Article ...


In the last paragraph of R. 146-36, the words: " By the Decree provided for in Article L. 247-2 " Are replaced by the words: " By the provisions of Articles R. 146-38 to R. 146-48 and by the decree provided for in Article L. 247-2.

Article 3 Learn more about this Article ...


The Minister of Health and Solidarity is responsible for the execution of this Decree, which will be published in the Official Journal of the French Republic.


Done at Paris, le 15 May 2007.


Dominique de Villepin


By the Prime Minister:


The Minister of Health and Solidarity,

Philippe




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