Order Of August 25, 2009 On The Establishment Of Automated Processing Of Personal Data Relating To The Management Of Procurement To The General Delegation For Armaments

Original Language Title: Arrêté du 25 août 2009 portant création d'un traitement automatisé de données à caractère personnel relatif à la gestion des procédures d'achat à la délégation générale pour l'armement

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JORF n ° on October 10, 2009, text no. 22 0235 Decree of 25 August 2009 establishing treatment automated of personal data relating to the management of procurement procedures at the Délégation Générale for armament NOR: DEFD0922934A ELI: https://www.legifrance.gouv.fr/eli/arrete/2009/8/25/DEFD0922934A/jo/texte the Minister of defence, pursuant to law No. 78-17 of 6 January 1978 modified relative à l'informatique the files and freedoms, particularly article 23.
Pursuant to Decree No. 2005 - 850 of 27 July 2005 on signature of the members of the Government delegation.
Mindful of Decree No. 2006-975 of 1 August 2006 code of public markets;
Seen the receipt no. 1380040 of the National Commission of computing and freedoms dated August 11, 2009, stop: Article 1 more on this article...

It is created at the Ministry of defence, the General delegation for armaments, automated processing of personal data referred to as "procurement management" implemented by the Directorate of quality and progress and whose aims are: ― taking account of acquisition and design of the procurement needs;
― the execution of the deed of purchase;
― the pilotage of the execution of the deed of purchase;
― the termination of the Act of purchase after receipt of the last post or end of the warranty period;
― litigation casework;
— monitoring of the actions of management control and quality.

Article 2 more on this article...

The categories of information and personal data recorded are those concerning: ― to identity (names, names, numbers, professional postal and e-mail addresses, telephone number and Professional fax, SIRET number for companies);
― to life professional (assignment, location, body, rank, functions);
― in the Act of purchase (forecast or need to purchase expression, object of the purchase application, denunciation: date, comment, requesting service [address, technical correspondent: service, name, phone, fax, function, correspondent or service in charge of the reception: service, name, phone, fax], the file number reference to the Act of purchase, [s] [s] proposed licensee, proposed candidates, type of empowerment for the market, types and levels of clearances of candidates) , purchase type, procedure, mode of procurement, contract number, start date of procedure, criteria [choice of candidates, selection of tenders, selection], financial information [estimated, actual, Manager service], option book of selected general administrative clauses [services CCLs, CCLs] education..., calendar [milestones], identity [the prescriber of the buyer's identity and function of the specialists required] , visa the authority to represent the applicant [name, function, date and signature] service, choice selected [identity of the holder and offer], candidate [name, address of the registered office, social capital, legal form, direct debit and banking identity, intra-Community VAT number, main activity of the company code, small classification or medium business: Yes/No], date of notification of the market, classification level of the market applications and offers no deductions, correspondence with candidates [requests for information, record of negotiation], correspondence exchanged with the licensee, closing date of the Act, litigation [legal information, correspondence with legal proceedings]);
― to the follow-up to the actions of management control and quality (level of advancement, field of activity, field generator [meeting, project, management by objective, programmed internal control actions], name and surname of the driver of the action, milestones [date of onset and estimated completion date, end date recalee, actual finish date]).
The registered personal data are kept up to three years after the closing of the Act of purchase, with the exception of the reference to the Act of purchase file items that are retained ten years.

Article 3 read more on this article...

The recipients of the information and personal data recorded are, according to their respective functions and the need to know: ― the service applicant;
― the hierarchical authorities;
― commissions in charge of contracts;
― buyers;
― prescribers;
― market signatory authority;
― the bureau of intellectual property;
― the central Department of defense information security.

Article 4 more on this article...

The right of opposition referred to in article 38 of the above-mentioned law of January 6, 1978 cannot be relied on in the context of this treatment.

Article 5 read more on this article...

The rights of access and rectification under articles 39 et seq. of the above-mentioned law of January 6, 1978 exerted with the hierarchical authority or service purchases of institutions that have implemented treatment.

Article 6 read more on this article...

The Director of the quality and progress is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Done at Paris, August 25, 2009.
For the Minister and by delegation: the Assistant Director of information systems at the General delegation for armaments, F. Benatre

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