Key Benefits:
The National Commission for Computer Science and Freedoms,
Seizure for advice by the Minister of Defence of a draft decree in the Council of State establishing an automated processing of personal data called "demnification of victims of nuclear tests", taken under the application of the Act No. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests;
Considering the Council of Europe Convention No. 108 for the Protection of Persons with regard to the automated processing of personal data;
Having regard to Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free flow of such data;
Vu le Social Security Code ;
Vu la Act No. 78-17 of 6 January 1978 relating to modified computing, files and freedoms, including articles 8 and 27-1 (1°);
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. 2005-1309 of 20 October 2005 taken for application of Act No. 78-17 of 6 January 1978 related to computing, files and freedoms, modified by Decree No. 2007-451 of 25 March 2007 ;
After hearing Mr. Massot, Commissioner, in his report and Ms. Elisabeth Rolin, Commissioner of the Government, in his comments,
Provides the following notice:
The commission was seized by the Ministry of Defence, under articles 8 and 27-I (1°), of a draft decree in the Council of State establishing an automated processing of personal data called "demnification of victims of nuclear tests", taken under the application of the Act No. 2010-2 of 5 January 2010 on the recognition and compensation of victims of French nuclear tests;
The Act of 5 January 2010 established a compensation committee for the victims of nuclear testing to examine whether the claimants' compensation conditions are met and to make recommendations to the Minister of Defence on the appropriate follow-up to claims.
The law referred to a decree in the Council of State the composition of the committee, its organization, the elements that must include the file submitted by the applicant as well as the procedure for the instruction of the requests.
This draft decree authorizes the secretariat of the Nuclear Test Victim Compensation Committee to manage claims under the Act of January 5, 2010 to create automated personal data processing. It will cover the data required for the management of claims for compensation, including, on the one hand, the registration number for the national identification directory of natural persons of applicants and, on the other, health data.
On the purposes of the treatment:
The purpose of the treatment implemented by the secretariat of the Nuclear Test Victim Compensation Committee is to:
- administrative management of claims under the law of January 5, 2010;
management of compensation;
- the development of monitoring statistics and the committee's annual report.
On the categories of data processed:
For the management of claims for compensation of victims and their beneficiaries, the data processed are related to the NIR, the identity, date and place of birth, the contact details of the applicant and those of the organizations providing the social coverage of the victims, the dates and places of exposure to the ionizing radiation, the signal state of the services and the statements of insurance contributions of old age, the dates and the certificates of the nature
For the management of compensation payments, the data processed are related to the bank details of beneficiaries, the amount and dates of liquidation and payment.
For the development of follow-up statistics and the annual report, the data processed are related to the geographic areas concerned by the applications, the periods of exposure to ionizing radiation, the status of applicants, the diseases, the amounts of the allowances granted, the nature of the recommendations and decisions made by the Minister of Defence, the amount of repairs already collected by the same conductors and the dates of registration of the stages of the proceedings.
The data thus collected are relevant to the purpose pursued.
On data recipients:
the competent officers of the medical services
On security:
The Commission acknowledges that any processing operation will be traceable by recording the identification of the user, the date, time and nature of the action.
The Panel recalls that the transmission of data to third-party organizations to the compensation committee will have to operate under conditions that guarantee the security and confidentiality of data, in accordance with the provisions of section 34 of the Act of 6 January 1978.
On the shelf life:
The data is retained for five years from the applicant's acceptance of the transactional offer. In the event of litigation, this period is extended until a court decision has been made final.
Information on the traceability of access to the database will be maintained for five years.
About the information of people:
Claim forms will include a reference to section 32-I of the amended Act of 6 January 1978.
The right of opposition does not apply to this treatment.
Access and rectification rights will be exercised with the secretariat of the Nuclear Test Victim Compensation Committee.
Done in Paris, June 10, 2010.
The president,
A. Türk
