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Deliberation No. 2011-069 3 March 2011 Laying Opinion On A Draft Decree On The Procedure For Admission In The First Year Of Training Post-Baccalaureate (Notice No. 1383587)

Original Language Title: Délibération n° 2011-069 du 3 mars 2011 portant avis sur un projet d'arrêté relatif à la procédure d'admission en première année d'une formation postbaccalauréat (avis n° 1383587)

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JORF n ° 0110 of May 12, 2011
Text N ° 90




Deliberation n ° 2011-069 of 3 March 2011 giving notice of a project d ' order concerning the procedure d ' admission in the first year d ' post baccalaureate education (Opinion No. 1383587)

NOR: CNIX1112464X ELI: Not available


The National Computer and Liberties Commission,
Entering By Ministry of National Education, Youth and Associative Life;
In view of Convention 108 of the Council of Europe for the protection of persons with regard to the automatic processing of personal data;
Given the Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with regard to the processing of personal data and the free movement of such data;
Seen Law n ° 78-17 of January 6, 1978 Relating to computers, files and freedoms as amended by Act No. 2004-801 of 6 August 2004 on the protection of natural persons in respect of Processing of personal data, and in particular Article 27-II (4 °);
Seen Decree No. 2005-1309 of 20 October 2005 taken for the application of the Href=" /viewTexte.do?cidTexte=JORFTEXT000000886460 &categorieLink = cid"> Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, as amended by Decree No. 2007-401 of 25 March 2007;
After hearing Mr. Carrez, in His report, and Elisabeth ROLIN, Commissioner of the Government, in her observations,
Emet the following opinion:
The Committee was seized on 3 September 2009 by the Ministry of National Education, Youth and the associative life of a request for an opinion on a draft decree on the admission procedure in the first year of training Post baccalaureate, in accordance with the provisions of article 27-II (4 °) of the Act of 6 January 1978 amended in August 2004.
A request for supplements was sent to the Ministry on 3 November 2009. A recovery for non-response to this request was sent to the ministry on 4 January 2010, to which it was replied on 24 March 2010.
A new request for supplements was sent to the ministry on 12 May 2010, followed by a relaunch on 3 September 2010. The Department provided the latest response elements on December 1, 2010 and February 11, 2011.
Application " Post-bac admission ", is a teleservice of the administration, which allows future students to pre-register, to classify vows, to benefit from guidance before enrolling administratively in the first year of teaching To the institution of their choice.
On the intended purpose:
The Committee notes that the purposes pursued by the application are the collection and treatment of the wishes of the candidates for admission to the first year of post-baccalaureate education, the printing of a paper file for the sectors And the statistical processing of data.
It notes that pursuant to the provisions of Act No. 2007-1199 of 10 August 2007 codified in Article l.612-3 of the Education code: " Any candidate is free to register in the institution of his choice, subject to having, in advance, requested a pre-registration allowing him to benefit from the information and guidance system of the said establishment, which must be established In consultation with high schools. " Accordingly, the Commission considers that the intended purpose is determined, explicit and legitimate.
On the persons affected by the treatment:
The Commission takes note that the pupils concerned are French or foreign pupils, of End-of-school diploma or degree holders for access to higher education in the country of issue.
On Evidence:
As regards the collection of the marks obtained by the candidates and the assessments made by their teachers.
In application of Article L. 612-3 of the Education Code, a selection of candidates is made for access to certain Higher education institutions, institutes and major schools. To allow this selection, the application " Post-tray entry " Provides for the computer transmission of the notes and appraisals of the teachers and the head of establishment on the candidate's ability to attend certain post-baccalaureate
. Candidates to benefit from a counselling and coaching approach in the selection of a university education stream.
The department indicated on this point that the marks obtained by the candidates and the assessments made by them Teachers and head of establishment, appearing on the ballot Shall constitute the selection criteria recognised for candidates applying for registration in one of the formations or one of the establishments referred to in Article L. 612-3 of the Code of Education.
The Commission notes that a reference to these legislative provisions will be posted on the application portal " Post-tray entry " In order to inform candidates of a first year of postgraduate training in this selection.
It notes that the academic results of the students in the class of terminal, the notes and appraisals are available to the training officers Of higher education to which a candidate applies, only for the candidates concerning them. The latter are, in any case, informed of the transmission of data.
Regarding the collection of nationality:
The Commission takes note of the details provided by the Ministry stating that the collection of the nationality and country of birth of the pupil is necessary, since a foreign candidate, outside the European Union, does not hold a bachelor's degree French, on the one hand, must obtain a residence permit in order to obtain apprenticeship training, on the other hand, must respect a specific procedure (the application for prior admission) to apply for pre-registration in the first year of License.
It notes that the application " Post-tray entry " Is open to pre-registration in apprenticeship training for any student who requests it, regardless of nationality and place of residence.
It takes note of the department's commitment to information Specific to non-resident or non-resident foreign candidates. This information is displayed in the following form on the application web portal: " If you intend to express a wish on apprenticeship training, we remind you that this information is conditional upon the signing of a learning contract which is a contract of employment concluded between an apprentice (or his representative Legal) and an employer. The final entry to these training courses will be subject to a residence permit to enter into a learning contract. For more information, please visit: http://www.service-public.fr. "
With regard to the collection of the economic and financial situation of the family:
The Commission takes note of the details of the Ministry indicating that the collection of data relating to family income and the family composition of the family To measure the probability of obtaining a higher education grant for the following year.
It points out that the communication of these data is mandatory only for the candidates who make a statement. Application for boarding school. The Commission considers that the candidates will have to be specifically informed on this point.
The persons authorised to consult the application:
The Committee notes that two officers from the Department of Equal Opportunities of the Ministry of The higher education of the research has an account allowing them to consult all the individual files of the candidates, as well as access to modification only for the following headings: Commune, country of birth, country of birth, nationality, mailing address, telephone, e-mail address.
The Commission takes note that these changes are made exclusively at the request of the
. Cooperation and cultural action of the embassies of the countries where the CEF-Pastel computer application of the Ministry of Foreign and European Affairs is implemented, have access to the personal data of the candidates of their country of residence
Takes note that this access allows the embassies concerned to Verify, before the issuance of the visa, that the pre-registration certificate provided by the foreign candidate is not a false document. To this end, the services shall make a request on the applicant's name on the application in order to verify the reality of the admission proposal.
The Commission considers that these services should have access only to the data relating to the application. Proposal for admission.
The Committee notes that the agents specifically authorised for this purpose of the Ministry of Agriculture can only consult the data relating only to candidates for agricultural high schools and candidates for training Agricultural superior and, for the Ministry of Culture, training It
note that the officers entitled to this end of these two ministries have an identical access profile to those of the Equal Opportunities Service of the Ministry of Higher Education and Research.
As regards the Ministry of National Education, it takes note that only the Academic Information and Guidance Services Officers and the Office for the Orientation and Employability of the DGESCO have access to the Consultation of candidate data.
On retention times:
The Commission notes that the non-nominal data are kept for five years for the compilation of statistics and that the nominative data is kept for eighteen months.
It takes note that this last retention period allows the Candidates re-registering on the post-ferry application, as part of a reorientation in the first year, not to be forced to re-enter the data from the previous year. Candidates are given the opportunity to update this data.
On the rights of individuals:
The Commission considers that candidates will have to be informed, in particular, of the mandatory or optional information of the data according to their Situation, the retention period of their data in the application, and the recipients of this data.
On security:
It notes that the department has indicated that in order to ensure an equal access to the application, the candidates Residing in the country where access to a site " Https " Cannot connect to "
The Commission notes that a new password policy has been put in place, in accordance with its request. The password now contains eight minimum characters, including two alphabetic and two non-alphabetic characters. It also notes that the access accounts for personal data are nominative, which allows for the traceability of shares. It notes that a candidate who re-registers the following year does not retain the same file number or PIN.
It notes that seven specifically empowered IT specialists are exclusively responsible for the management of the database." Post-tray admission ". It notes that there are consultation accounts in the Ministry of Higher Education and Research for the purpose of establishing statistical indicators on the use of the application using requests. The Commission considers that these requests should not allow for the identification of persons in the application.
It takes note that the traceability of the application allows logging of application connections as well as a Logging actions for editing and deleting on personal data. It recommends that a logging of the actions in consultation to know the information consulted by a connected person should also be implemented, taking into account the sensitivity of some of the information.


For the Chair:

The Associate Vice-President,

E. Givry


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