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Minister of Defence,
In light of Act No. 78-17 of 6 January 1978 amended on computers, files and freedoms, including its article 23 ;
Vu le Decree No. 2005-850 of 27 July 2005 bearing delegation of signature of members of the Government;
Vu le Decree No. 2006-975 of 1 August 2006 Code of public procurement;
Having regard to the receipt of the National Commission on Information and Freedoms No. 1380040 of 11 August 2009,
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It is created in the Ministry of Defence, the General Delegation for Arming, an automated processing of personal data called "purchasing procedures management" implemented by the quality and progress management and whose purposes are:
- taking into account the acquisition and design needs of purchase projects;
- the procurement act;
– the piloting of the execution of the purchase act;
- the closing of the purchase agreement after the receipt of the last post or the end of the warranty period;
the processing of litigation files;
– monitoring management control actions and quality.
The categories of recorded personal information and data are those relating to:
- identity (names, names, registrations, postal addresses and professional e-mails, professional telephone number and fax, company number SIRET);
– to work life (assignment, location, body, grade, functions);
[translation] to the contracting authority [forecasting or expression of purchase order, subject to request for purchase, denunciation: date, commentary, service [address, technical correspondent: service, telephone, fax, function, corresponding or service in charge of receipt: service, name, telephone, fax]
― to follow up management control actions and quality (level of progress, area of activity, domain generator [meeting, project, management by objective, planned internal control actions], name and name of the action pilot, milestones [start date and expected end date, recaled end date, actual end date]).
The personal data thus recorded shall be retained for a maximum period of three years after the closing of the purchase order, with the exception of the elements of the procurement certificate reference file that are kept for ten years.
The recipients of recorded personal information and data are, depending on their respective responsibilities and the need to know:
- the requesting service;
- hierarchical authorities;
- the contract commissions;
- buyers;
― prescriptors;
the signatory authority of the market;
the Intellectual Property Office;
– the central department of information security.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above cannot be invoked as part of this treatment.
The rights of access and rectification provided for in sections 39 et seq. of the Act of 6 January 1978 referred to above shall be exercised with the hierarchical authority or the procurement department of the establishments implementing the processing.
The Director of Quality and Progress is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done in Paris, August 25, 2009.
For the Minister and by delegation:
Deputy Director of Information Systems
to the General Delegation for Arms,
F. Blessing