Decree Of 30 October 2009 On The Establishment Of Automated Processing Of Personal Data Relating To The Monitoring Of The Civilian Personnel Within The Agencies Affected By Restructuring Operations

Original Language Title: Arrêté du 30 octobre 2009 portant création d'un traitement automatisé de données à caractère personnel relatif au suivi des personnels civils au sein des organismes concernés par les opérations de restructuration

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JORF n ° 0268 text no. 22, November 19, 2009 order of October 30, 2009 on the establishment of treatment automated of personal data relating to the monitoring of the civilian personnel within the agencies affected by restructuring NOR operations: DEFD0926388A ELI: 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 law n ° 2009-928, July 29, 2009 regarding military programming for the years 2009 to 2014 and covering various provisions relating to defence;
Considering Decree No. 2005 - 850 of 27 July 2005 on the signature of the members of the Government delegations;
Seen the receipt no. 1381481 of the National Commission of computing and freedoms dated August 25, 2009, stop: Article 1 more on this article...

It is created at the Ministry of defence, the Ministry of defence human resources branch, automated processing of personal data referred to as "SAR" implemented by the mission of accompaniment of reorganizations and whose purpose is the tracking of the civilian personnel within the agencies affected by restructuring of the Ministry of defence operations during the period 2009-2014.

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The categories of information and personal data recorded are those for: ― to identity: name of family, married name, first names, date of birth;
― to the family situation: marital status, number of children;
training, diplomas and distinctions: training, duration of training;
― to professional life: category, body, rank, professional family status, date of entry into service assignment (direction and establishment of employment), institution restructured (Y/N), type of restructuring, active;
― in the economic and financial situation: year of management, benefits, premiums, benefits and wage supplements, costs taken into account, voluntary severance pay (IDV), program allocation, operational budget of program, operational units;
― to departures and mobility: reason and date of departure, date of decision (mobility, voluntary severance pay), date of the order, status, date of pre-mutation, locality of home (region, Department), home (direction, establishment) authority, type of public service of home.
The duration of retention of information and personal data registered is up to ten years.

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The recipients of the information and personal data recorded are, according to their respective functions and the need to know: ― antennas Mobility reclassification;
― cells regional Mobility reclassification;
― the mission of accompaniment of the reorganizations;
― the Ministry of defence headquarters involved in the monitoring of restructuring (for the consultation of information and data).

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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.

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Rights of access and rectification under articles 39 et seq. of the above-mentioned Act are the Mission of accompaniment of reorganizations, 8, boulevard Victor, 00463 armies.

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The Director of human resources of the Ministry of defence is responsible for the execution of this order, which will be published in the Official Journal of the French Republic.

Done at Paris, on October 30, 2009.
For the Minister and by delegation: the Director of the human resources of the Ministry of defence, J. Rastogi

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