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Decree No. 2010-860 23 July 2010 Establishing, By The Ministry Of Defence, Of Automated Processing Of Data Called "compensation For Victims Of Nuclear Testing".

Original Language Title: Décret n° 2010-860 du 23 juillet 2010 portant création, par le ministère de la défense, d'un traitement automatisé de données à caractère personnel dénommé « indemnisation des victimes des essais nucléaires »

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Information on this text

Summary

Application of section 4 of Act 2010-2.

Keywords

ASSESSMENT , NUCLEAR TEST , NUCLEAR TEST , ATMOSPHERIC NUCLEAR TEST , SOUTERRAIN , VICTIME , RECONNAISSANCE , INDEMNISATION , INFORMATIQUE , AUTOMATISE TRAITEMENT ,


JORF n°0170 du 25 juillet 2010 page 13769
text No. 11



Decree No. 2010-860 of 23 July 2010 establishing, by the Ministry of Defence, an automated processing of personal data called "demnification of victims of nuclear testing"

NOR: DEFD1009624D ELI: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/DEFD1009624D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2010/7/23/2010-860/jo/texte


The Prime Minister,
On the report of the Minister of Defence,
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms, including articles 8-I and 27-I;
Vu la Act No. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests;
Vu le Decree No. 2010-653 of 11 June 2010 under the Act on the Recognition and Compensation of Victims of French Nuclear Tests;
Vu Notice No. 2010-228 of the National Commission on Informatics and Freedoms dated 10 June 2010;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


Is authorized to implement, by the secretariat of the Nuclear Test Victim Compensation Committee referred to in thearticle 5 of the decree of 11 June 2010 referred to above and placed with the Minister of Defence, automated personal data processing known as "demnification of victims of nuclear testing".
The purpose of this treatment is to:
1° Management of claims submitted pursuant to Act of 5 January 2010 referred to above ;
2° Preparation and monitoring of payment of compensation;
3° Development of follow-up statistics and the annual report referred to inarticle 11 of the decree of 11 June 2010 referred to above.
This processing cannot record personal data of the nature of the data referred to in Article 8 I and I of Article 27 of the Law of 6 January 1978 referred to above only to the extent that their exploitation is necessary for the above-mentioned purposes.

Article 2 Learn more about this article...


The categories of personal information and data recorded in the processing are:
1° For the management of claims for compensation for victims and their beneficiaries:
(a) Registration number on the National Register for the Identification of Physical Persons;
(b) Name and surnames;
(c) Date and place of birth;
(d) Address of the domicile;
(e) Telephone number;
(f) Email;
(g) Family situation;
(h) Name and surnames of the legal representative if the applicant is a minor or a major incapacity;
(i) Name and address of organizations providing social care for victims;
(j) Dates and places of exposure to ionizing radiation;
(k) Reported state of service and survey of old-age insurance contributions;
(l) Attestations of the employer on the nature of the trade and business dates;
(m) Diseases reported by applicants;
(n) Nature of damage and amount of repairs requested and granted;
(o) References, nature and amount of repairs already collected on the basis of the same conduct of injury;
(p) Dates of registration of the stages of the procedure;
(q) Decisions regarding the claim for compensation.
2° For the preparation and monitoring of the payment of compensation:
(a) Banking coordinates of beneficiaries;
(b) Amount and dates of liquidation and payment.
3° For the development of follow-up statistics and the report mentioned inarticle 11 of the decree of 11 June 2010 referred to above :
(a) Geographical areas affected by requests;
(b) Periods of exposure to ionizing radiation;
(c) Status of applicants on the date of the facts and the application;
(d) Declared diseases and compensated diseases;
(e) Amount of compensation awarded;
(f) Nature of recommendations of the committee and decisions made by the Minister;
(g) Amount of reparations already collected on the basis of the same conduct of injury;
(h) Dates of registration of steps of the procedure.

Article 3 Learn more about this article...


I. ― Can directly access the information recorded in the processing, as part of the instruction of the applications, the authorized officers of the secretariat of the Compensation Committee for the Victims of Nuclear Tests.
II. - The recipients of the personal information and data registered according to their respective responsibilities and the need to know:
1° Members of the compensation committee for victims of nuclear testing;
2° Authorized officers of the Department of Defence's Legal Affairs Directorate for the processing of litigation;
3° Authorized agents of the organizations ensuring the liquidation and payment of compensation, for the data referred to in b, d, h and q of 1° of Article 2 and for the information referred to in a and b of 2° of Article 2;
4° The authorized officers of the armed pension service, for the re-emergence of medical data and repairs already collected by the same counts of prejudice, for the data mentioned in a, b, c, d, g, h, k, m and o of the 1st of Article 2;
5° Medical experts in the courts, as part of the assessment of bodily harm for the data mentioned in a, b, c, d, e, f, g, h, j, k, m, n and o of the 1st of Article 2;
6° Authorized officers of the armed health service, as part of the re-schooling of medical data for the information referred to in a, b, c, d, g, h, k and m of the 1st of Article 2;
7° Health professionals who have provided care, as part of the re-schooling of medical information for the data mentioned in a, b, c, d, g, h, k and m of the 1st of Article 2;
8° Authorized officers of the monitoring department of nuclear testing centres, as part of the collection of nuclear information for the data mentioned in a, b, c, d, g, h, j, k, l, m, n and o of the 1st of Article 2;
9° Authorized agents of the services of the delegate for nuclear safety and radiation protection for activities and facilities relevant to the defence, as part of the collection of nuclear data for the data mentioned in a, b, c, d, g, h, j, k, l, m, n and o of the 1st of Article 2;
10° Authorized officers of the hospital medical records service of the armed forces, for the re-education of medical data for the data mentioned in a, b, c, d, g, h, j, k and m of the 1st of Article 2;
11° Authorized agents of the Historical Defence Service, for the determination of presence in the areas referred to in thearticle 2 of the decree of 11 June 2010 referred to above and the dates mentioned in theArticle 2 of the Act of 5 January 2010 referred to above for the data mentioned in b, c, d, g, h, j and k of 1° of Article 2;
12° Authorized officers of the Central Military Administrative Archival Office, for the determination of presence in the areas mentioned in thearticle 2 of the decree of 11 June 2010 referred to above and the dates mentioned in theArticle 2 of the Act of 5 January 2010 referred to above for the data mentioned in b, c, d, j and k of the 1st of Article 2;
13° Authorized officers of the Office of the Commissioner of Atomic Energy archives for the determination of presence in the areas mentioned in thearticle 2 of the decree of 11 June 2010 referred to above and the dates mentioned in theArticle 2 of the Act of 5 January 2010 referred to above and for the assessment of damages for the data mentioned in a, b, c, d, g, j, k, l, m and n of 1° of Article 2;
14° The authorized officers of the National Military Social Security Fund, to know the different employers and the repairs already collected due to the same counts of prejudice for the data mentioned in a, b, c, d, g, h, k, m, n and o of the 1st of Article 2;
15° Authorized agents of health insurance funds and mutual funds, to know the different employers and repairs already collected on the basis of the same damages for the data mentioned in a, b, c, d, g, h, k, m, n and o of the 1st of Article 2;
16° The authorized officers of the National Social Insurance Fund, to know the different employers and the repairs already collected on the basis of the same damages for the data mentioned in a, b, c, d, g, h, k, m, n and o of the 1st of Article 2;
17° The authorized agents of the social insurance fund of French Polynesia, to know the different employers and the repairs already collected by the same owners for the data mentioned in a, b, c, d, g, h, k, m and o of the 1st of Article 2;
18° Authorized officers of the French Polynesia Monitoring Centre, for the schooling of medical data and repairs already collected on the basis of the same conductors and for the needs of the centre exercising the role of a single window for the data mentioned in a, b, c, d, g, h, k, m and o of the 1st of Article 2;
19° Authorized agents of pension funds, to know the different employers and the repairs already collected by the same owners for the data mentioned in a, b, c, d, h, k, m and n of the 1st of Article 2;
20° Authorized agents of the diplomatic and consular missions of France abroad, for the purpose of exercising their coordinating role, for the data mentioned in a, b, c, d, g, h, k, m and o of the 1st of Article 2;
21° The authorized officers of the deconcentrated services of the National Veterans and War Victims Office, for the purpose of exercising their coordinating role, for the data referred to in a, b, c, d, g, h, j, k, m and o of the 1st of Article 2;
22° The curators and guardians of the applicants, as part of the record instruction, for the data mentioned in a, b, c, d and h of the 1st of Article 2;
23° The authorized officers of the mayors, for the establishment of the civil status of the applicants and the determination of the presence in the areas mentioned in thearticle 2 of the decree of 11 June 2010 referred to above for the data mentioned in b, c, d, g and h of 1° of Article 2;
24° Authorized officers of the notarial offices, in connection with the payment of compensation for the data referred to in b, c, d and h of 1° of Article 2.
III. ― shall be consigned to the data referred to in a and b of 2° of Article 2 the authorized agents of the banking organizations.

Article 4 Learn more about this article...


The personal information and data recorded in the processing shall be retained for five years from the date of signature of the acceptance of the compensation offer referred to inArticle 6 of the Act of 5 January 2010 referred to above. In the event of litigation, the five-year time limit is short from the intervention of a final court decision.

Article 5 Learn more about this article...


Any automated processing operation created by this Order shall be registered including the identification of the user, the date, time and nature of the intervention in the said automated treatment. This information is maintained for a period of five years.

Article 6 Learn more about this article...


The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to the treatment authorized by this Order.

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The rights of access and rectification provided to Articles 39 and 40 of the Act of 6 January 1978 referred to above shall be exercised with the secretariat of the Nuclear Test Victim Compensation Committee.

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This decree is applicable throughout the territory of the Republic.

Article 9 Learn more about this article...


The Minister of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done in Paris, July 23, 2010.


François Fillon


By the Prime Minister:


Minister of Defence,

Hervé Morin


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