Deliberation No. 2010-228 June 10, 2010 Opinion On A Draft Decree In Council Of State Establishing Treatment Automated Of Personal Data Called "compensation For Victims Of Nuclear Tests",...

Original Language Title: Délibération n° 2010-228 du 10 juin 2010 portant avis sur un projet de décret en Conseil d'Etat portant création d'un traitement automatisé de données à caractère personnel dénommé « indemnisation des victimes des essais nucléaires », ...

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JORF n ° 0170 July 25, 2010 page 13780 text no. 28 Deliberation No. 2010-228 June 10, 2010 opinion on a draft decree in Council of State establishing a processing automated data referred to as personal "compensation for victims of nuclear tests", taken pursuant to Act No. 2010-2 of 5 January 2010 relating to the recognition and compensation for the victims of french nuclear testing (notice CNIL n ° 1424770) NOR : CNIX1019719X ELI: not available the National Informatics and freedoms Commission, asked for an opinion by the Minister of defence of a draft decree in Council of State establishing a processing automated data referred to as personal "compensation for victims of nuclear tests", taken pursuant to Act No. 2010-2 January 5, 2010 relating to the recognition and compensation for victims of french nuclear tests;
Having regard to the convention no 108 of the Council of Europe for the protection of individuals with regard to the treatment automated of personal data;
Having regard to directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of data personal and the free movement of such data;
Having regard to the code of social security;
Having regard to Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms amended, and in particular articles 8 and 27-1 (1 °);
Pursuant to law n ° 2010 - 2 January 5, 2010 relating to the recognition and compensation for victims of french nuclear tests;
Mindful of Decree No. 2005-1309 of 20 October 2005 taken for the application of Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, amended by Decree No. 2007-451 of 25 March 2007;
After hearing Mr. Massot, Commissioner, in its report and Ms. Elisabeth Rolin, Commissioner of the Government, in its observations, emits the following notice: the commission has received by the Ministry of defence, under articles 8 and 27-I (1 °), a draft decree in Council of State on the establishment of automated processing of data called "compensation for victims of nuclear testing". taken pursuant to Act No. 2010-2 January 5, 2010 relating to the recognition and compensation for victims of french nuclear tests;
January 5, 2010 Act introduced a compensation of the victims of nuclear testing Committee to examine whether the conditions of compensation to claimants are met and make recommendations to the Minister of defence on the follow-up that should be given to the claims.
The Act referred to a decree in Council of State the composition of the Committee, its organization, the elements that must contain the file submitted by the applicant and the rules for processing of applications.
The present draft decree allows the secretariat of the Committee for compensation of the victims of nuclear tests which will manage compensation claims under the Act of January 5, 2010, to create automated processing of personal data. It will focus on the data required for the management of insurance claims, which include, on the one hand, the registration number in the national Repertory of identification of physical persons of the applicants and, on the other hand, health data.
On the purposes of the processing: processing implemented by the secretariat of the Committee for compensation of the victims of nuclear testing has the following objectives: ― the administrative management of compensation claims under the Act of January 5, 2010;
― the management of the payment of benefits;
― the development of statistics tracking and the annual report of the Committee.
On the categories of data processed: for the management of claims of victims and their dependants, processed data relate to the NIR, identity, date and place of birth, the contact details of the applicant and those organizations ensuring the welfare of victims, on the dates and locations of exposure to ionizing radiation, rating services and surveys of old age insurance contributions when certificates of the employer on the nature of the exercise and the dates of activity, disease, nature and the amount of damages, the reference to the nature and the amount of the repairs already collected at the rate of the same heads of injury, on the dates of the stages of the procedure, decisions concerning the claim registration.
For the management of the payment of the allowances, processed data are relative to the bank details of the recipients, the amount and dates of implementation in liquidation and payment.
For the development of statistics for monitoring and annual report, processed data relate to the geographical areas concerned by claims, periods of exposure to ionizing radiation, the status of applicants, to disease, to the awarded amounts, in the nature of the recommendations and decisions made by the Minister of defence, to the amount of the repairs already collected at the rate of the same heads of injury and the dates of registration of the stages of the procedure.
The data thus collected are relevant having regard to the aim pursued.
Recipient data: are recipients of the data strictly necessary for the performance of their duties on the basis of their powers: officers authorized by the secretariat of the Committee for compensation of the victims of nuclear tests, the members of the Committee in the context of the preparation of the proposals of the Committee, regulated agents of the Directorate of Legal Affairs of the Ministry of defence for the purposes of the treatment of disputes the officials authorized agencies ensuring the liquidation and payment of compensation, officials authorized service of the pension of the armies for the as-built medical data and repairs already perceived because of the same heads of injury, medical experts to the courts in the assessment of the injury, regulated agents of the central health service management of armies and armies under the as-built hospitals of medical data health professionals who provided care in the context of the as-built of medical data, agents authorized Department of monitoring of the centres of nuclear experiments in the context of the collection of nuclear data, regulated agents services of the delegate to nuclear safety and radiation protection activities and facilities relevant to the defence in the context of the collection of nuclear data regulated agents service medical hospital records of the armies for the as-built of medical data, the authorized agents of history of defence for the determination of the presence in the areas concerned, headquarters of military administrative archives regulated agents, the officials authorised services archives of the Commissariat à l'energie atomique, the agents of the national military social security for different employers and repairs already perceived by reason of the Heads of injury, regulated agents caisses insurance and mutual insurance companies for different employers and repairs already collected at the rate of the same heads of injury, regulated agents of pension funds for different employers and repairs already collected at the rate of the same heads of injury, regulated agents of the National Fund of welfare of French Polynesia for different employers and repairs already perceived rightly of the same heads of injury, officers empowered medical centre monitoring of French Polynesia for the as-built medical data and repairs already collected at the rate of the same heads of injury as well as for the needs of the centre exercising the role of single window, regulated agents of diplomatic and consular missions of France abroad for the purposes of the exercise of their role as single window the authorized officials of the decentralized services of the national Office of veterans and victims of war for the purposes of its decentralized services exercising the role of single window, regulated agents of the municipal authorities for the establishment of the civil status of applicants and the determination of the presence in the areas concerned, the authorized agents of notarial offices in the context of the domicile of the compensation payments agents authorized banking agencies for data strictly in relation to the liquidation and payment of compensation, as well as guardians and curators of the applicants.
Safety: the commission takes note that any transaction relating to the treatment will be a traceability consisting of a recording of the identification of the user, of the date, time and the nature of the action.
The commission recalls that the transmission of data to third-party organizations to the Compensation Committee should take place in conditions that guarantee the security and confidentiality of the data, in accordance with the provisions of article 34 of the law of January 6, 1978.
On the duration of conservation: the records are retained for five years from the acceptance by the applicant of the transactional offer. In the event of litigation, this period is extended until the intervention of a court decision became final.

Information on the traceability of access to the database will be retained for five years.
The information of persons: compensation claim forms will be a reference to article 32-I of the Act of 6 January 1978 amended.
The right of objection does not apply to this treatment.
The rights of access and rectification shall be exercised with the secretariat of the Committee for compensation of the victims of nuclear tests.
Done at Paris, June 10, 2010.


President, A. Türk