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Decree No. 2011-366 4 April 2011 Authorizing Automated Processing Of Data Referred To As Personal "orchestra" For The Management Of Human Resources Of The Ministry Of Foreign And European Affairs

Original Language Title: Décret n° 2011-366 du 4 avril 2011 portant autorisation d'un traitement automatisé de données à caractère personnel dénommé « Orchestra » relatif à la gestion des ressources humaines du ministère des affaires étrangères et européennes

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Summary

Application of section 27 of Act 78-17.

Keywords

BUSINESS AND EUROPEAN , PUBLIC FUNCTION , CENTRAL ADMINISTRATION , DECONCENTRE SERVICE , PERSONNEL , HUMAN RESOURCES MANAGEMENT , INFORMAL , OVERVIEW , INFORMAL , INCLUDING , DENOMINATION ,


JORF no.0081 of 6 April 2011
text No. 2



Decree No. 2011-366 of 4 April 2011 authorizing the automated processing of personal data known as the Orchestra relating to the human resources management of the Ministry of Foreign and European Affairs

NOR: MAEA1031598D ELI: https://www.legifrance.gouv.fr/eli/decret/2011/4/MAEA1031598D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2011/4/2011-366/jo/texte


The Prime Minister,
On the report of the Minister of State, Minister for Foreign and European Affairs,
Vu la Act No. 72-659 of 13 July 1972 amended on international technical expertise;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to information technology, files and freedoms, including article 27;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 69-546 of 2 June 1969 Amending the status of contractual agents of the central administration of the Ministry of Foreign Affairs;
Vu le Decree No. 69-697 of 18 June 1969 amended to establish the status of contracting agents of the State and public institutions of the State with an administrative character, French nationality, in service abroad;
Vu le Decree No. 73-321 of 15 March 1973 amended to establish, with respect to public officials of the State and public institutions of the State and judicial officials, the modalities for the application of the provisions of the Act No. 72-659 of 13 July 1972 concerning the situation of civil personnel of cultural, scientific and technical cooperation with foreign states;
Vu le Decree No. 82-453 of 28 May 1982 amended on occupational health and safety and on medical prevention in the public service;
Vu le Decree No. 84-961 of 25 October 1984 amended on disciplinary proceedings concerning State officials;
Vu le Decree No. 86-83 of 17 January 1986 amended to apply the general provisions applicable to non-State agents for the application of theArticle 7 of Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu le Decree No. 2002-217 of 18 February 2002 relating to civilian personnel of cultural, scientific and technical cooperation in service with foreign States;
Considering the referral of the National Commission on Informatics and Freedoms dated 19 January 2010;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


It is authorized to implement, by the Ministry of Foreign Affairs, an automated processing of personal data known as the Orchestra.
This treatment applies to public officials under the Ministry of Foreign Affairs. Its purpose is the administrative, financial and operational management of the human resources of this department.

Article 2 Learn more about this article...


The categories of personal data and information recorded in the treatment referred to in Article 1 are listed in the Appendix to this Order.

Article 3 Learn more about this article...


The personal data and information recorded in the treatment referred to in Article 1 shall be retained until the end of the fifth year after the date on which, for any reason, the agents cease their duties permanently.
The retention of data relating to reasons of absence is limited to a period not exceeding two years, unless otherwise provided by law.
Sanctions information is kept for a maximum of five years in accordance with legal and regulatory provisions.

Article 4 Learn more about this article...


All or part of the personal data recorded in the automated processing known as the "Operation", for the exclusive needs of the missions entrusted to them, are the officers of the general management of the administration of the Department of Foreign Affairs individually designated and specially authorized by the Director General of Administration.
Can be consigned to all or part of the data referred to in Article 2, on the basis of their respective responsibilities and within the limits of the need to know about it, the agents in office in the State services responsible for the calculation of pensions and the liquidation of the pay of the agents under the Ministry of Foreign Affairs.

Article 5 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 operates with the general management of the Department of Foreign Affairs.

Article 7 Learn more about this article...


The Minister of State, Minister of Foreign and European Affairs, is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    LIST OF PERSONAL DATA AND INFORMATION RELATING TO PERSONNEL
    MILITARY AND CIVILS IN THE "ORCHESTRA" WORK


    I. - Officers' identity data:
    1. Family name and, if applicable, marital or user name, and first names.
    2. Sex.
    3. Private and professional addresses.
    4. Date and place of birth.
    5. Nationality(s) of origin, nationality(s), date and method of acquisition.
    6. Contact details of the person to be notified in the event of an emergency.
    7. Date and place of death.
    8. Registration number on the national identification directory for natural persons.
    9. Agent's departmental identifier (macle).
    10. Family situation.
    11. Name, first name, date of birth of dependants.
    II. - Spousal data:
    1. Marital status or other union.
    2. Family name and, if applicable, marital or user name, and first names.
    3. Sex.
    4. Private and professional addresses.
    5. Disability rate.
    6. Date and place of birth.
    7. Nationality(s) of origin, nationality(s), date and method of acquisition.
    8. Date and place of death.
    9. Professional situation.
    10. History of previous unions: names, names, date and place of birth of the spouse, date and place of marriage, marriage, concubinage or PACS, dates of separation, divorce, remarriage, date and place of death of the spouse.
    III. - Officers ' administrative record data:
    1. Military situation: duration and date of military service or international volunteering.
    2. Studies, diplomas and date of graduation.
    3. Qualifications, professional skills, skills and training.
    4. Competition.
    5. Decorations and honorary distinctions.
    6. Assignments and functions.
    7. Status.
    8. Category, body, grade, step, chevron and indiciary grid.
    9. Reductions and seniority increases.
    10. Advances and promotions.
    11. Contract data.
    12. Category for the application of the Organic Law on Financial Laws.
    13. Statutory positions and administrative situations.
    14. Leaves and absences.
    15. Time savings account.
    16. Terms of service and exercise.
    17. Evaluation.
    18. Professional elections.
    19. Previous services.
    20. Enabling in secret defence (level, dates and reservations).
    21. Existence of an activity discharge to perform the functions of union representative.
    22. Termination of functions.
    23. Medical fitness and disability rates.
    24. Pension benefits.
    25. Accidents and occupational diseases.
    26. Disciplinary sanctions.
    27. Housing conditions.
    28. Function vehicle.
    29. Authorized incidental activities.
    IV. - Personnel compensation data:
    1. Bank details.
    2. Rights to family and social benefits, right to the family supplement of treatment, resources declared for this purpose.
    3. Principal salary.
    4. Compensation.
    5. Possible detentions.


Done on 4 April 2011.


François Fillon


By the Prime Minister:


The Minister of State,

Minister for Foreign Affairs

and European,

Alain Juppé


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