Key Benefits:
The Minister of Defence,
Considering the Council of Europe Convention for the Protection of Persons with regard to the automated processing of personal data, signed in Strasbourg on 28 January 1981;
Having regard to Act No. 78-17 of 6 January 1978 on computers, files and freedoms, as amended in particular by Act No. 2004-801 of 6 August 2004;
In view of the decree of 20 January 1988 authorizing the National Gendarmerie to register the registration number on the national register for the identification of natural persons in the file of its personnel;
In view of Decree No. 91-1404 of 27 December 1991 authorizing the use of the National Register of Identification of Physical Persons by Employers in Automated Pay and Personnel Management Treatments;
In view of Decree No. 2005-850 of 27 July 2005 on the delegations of signature of members of the Government;
In view of Decree No. 2005-1309 of 20 October 2005 adopted for the application of Act No. 78-17 of 6 January 1978 on computers, files and freedoms, as amended by Act No. 2004-801 of 6 August 2004;
Having regard to the receipt of the National Commission on Informatics and Freedoms dated 10 August 2006 bearing the number 1113385,
Stop it!
It is established at the Ministry of Defence, at the General Directorate of the National Gendarmerie, an automated personal data processing known as the "recruitment and management of national gendarmerie personnel" and whose main purpose is to ensure the recruitment and management of personnel.
The personal data categories recorded are those relating to:
I. - For the recruitment of candidates for a national gendarmerie position:
- to identity: patronymic name, marital or use, first names, sex, date and place of birth, personal and professional telephone addresses and numbers, photograph;
- the family situation: the candidate (marital situation, number of children), the spouse (name, occupation, professional situation), the parents (birth separation, occupation, sector of activity);
- the military situation: grade and date of appointment, current military position, contingent, serial number or defence identifier, national office or service centre, current status with respect to national service, current or previous military situation, date of appeal under flags or call for defence preparation, date of release, military experience;
- training, diplomas: diplomas, last class attended, foreign languages practiced and level of knowledge, civil and military driving permits;
- to the application for the appointment: file (application category, application date, date of application, date of general or physical fitness tests, selection centre, sources of information, advice on morality and application, technical approvals of security), tests (numeraries and notes of general fitness tests, results of physical tests and professional fitness, physical test numbers, general level of fitness, outcome of school tests,
- to health: aptitude or incapacity, date of medical inspection, weight.
The personal data thus recorded shall be retained until the person concerned reaches the age of 41 years.
II. - For the management of national gendarmerie personnel:
- to the identity of: patronymic name, marital or usage, first names, sex, date and place of birth, addresses, telephone numbers, defense ID, gendarme identification number, photograph, passport number and dates of validity, military identity card and traffic card on the networks of the Société nationale des chemins de fer français, date of possible death;
- the registration number on the national directory for the identification of natural persons;
- to the family situation: marital situations, spouse (name, first name, date and place of birth, occupation and employer, nationality, date of the eventual death, marital status), children (name, first name, sex, date[s] and place[x] of birth, quality, dependant or not, date of the eventual death, family situation of connection), person to be prevented in the event of an emergency (identity, kinship connection, postal address, contact information)
- the military situation: registration number for recruitment, grade, weapon, specialty, service duration, assignment, sursitaire, désitaire, position sous les flags, exempted, date of defence preparation appeal, volunteer national service, diplomas, patent or military certificate detained, link to service;
- training, diplomas and distinctions: diplomas, certificates and certificates, foreign languages practised, civil training and school curricula followed, vocational training (nature and date of courses, internships or other training activities), decorations (proposal, nature and date of attribution), awards (nature, date and award authority), citations (nature, order and date), qualifications, examinations and examinations (years of presentation and classification);
- housing: occupancy date, type, surface and situation, responsible unit and maintenance, number of people hosted;
- to work life: occupation of origin, mode of recruitment, legal regime, administrative position, leave, permissions, absences and grounds, position of absence, ranks, successive and current positions, authorizations, successive and current administrative residences, successive and current notices, proposal for advancement, appointments and promotions, request for transfer and guidance, successive changes, category of change, time, duration,
- the economic and financial situation: balance, number of the balance booklet, mutual (registration number, date and validity), current salary index, scale, ladder, seniority, reduction of seniority, bonuses, allowances, allowances and other bonuses, new indiciary bonus, budget imputation;
- health: size, blood type, injury(s) attributable to service (dates, types, causes and rates of disability), medical fitness(s).
The personal data thus recorded shall be retained until the member's or agent's executives are released or the member's or agent's relationship with the manager's legal entity is broken.
The retention period of personal data on reasons of absence is limited to a period not exceeding two years, unless otherwise provided by law.
The personal data required for the calculation of pension entitlements may be retained for the purpose of re-establishing the career until the liquidation of old-age pensions.
The recipients of recorded personal data are, depending on their respective responsibilities and the need to know:
I. - For the recruitment of candidates for a position in gendarmerie:
- the sub-direction of recruitment and training;
- the medical centres of the national gendarmerie;
- information and recruitment centres;
- selection centres and national service offices;
- the services responsible for conducting environmental investigations;
- the initial integration units;
- the social observatory of the defense.
II. - For the management of national gendarmerie personnel:
- Administrative and accounting officers;
- officers responsible for the management of personnel;
- the superiors of the concerned;
- the National Military Social Security Fund;
- the family allowance fund and the work accidents in New Caledonia;
- the National Gendarmerie Fund;
- the military pension service;
- the social observatory of the defence;
- the medical centres of the national gendarmerie.
Information on the social security number of persons affected by the treatment can only be provided for the only operations necessary for the transmission of information between the personnel file and the National Military Social Security Fund or the organizations referred to in Article 1 of Decree No. 91-1404 of 27 December 1991.
The right of opposition provided for in section 38 of the above-mentioned Act of 6 January 1978 cannot be invoked in connection with this treatment.
The right of access and rectification provided for in sections 39 et seq. of the above-mentioned law shall be exercised with the General Directorate of the National Gendarmerie (Human Resources Service), 35 Saint-Didier Street, 7575 Paris Cedex 16.
The Director General of the National Gendarmerie is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, October 10, 2006.
For the Minister and by delegation:
Director General
National Gendarmerie,
G. Parayre
