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Decree Of July 18, 2011 On The Creation Of Automated Processing Of Personal Data For The Electronic Internet Voting For The Election Of Representative Bodies Of Staff Within Departments D...

Original Language Title: Arrêté du 18 juillet 2011 portant création de traitements automatisés de données à caractère personnel pour le vote électronique par internet pour l'élection des instances de représentation des personnels relevant des ministères chargés d...

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JORF n°0184 of 10 August 2011
text No. 14



Order of July 18, 2011 establishing automated personal data processing for electronic voting on the Internet for the election of bodies for the representation of personnel under the ministries responsible for national education and higher education and research

NOR: MENH1118243A ELI: https://www.legifrance.gouv.fr/eli/arrete/2011/7/18/MENH1118243A/jo/texte


Minister of National Education, Youth and Associative Life and Minister of Higher Education and Research,
Vu la Act No. 78-17 of 6 January 1978 amended on information and communication technology, files and freedoms, including Article 27, II;
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, in their drafting Act No. 2010-751 of 5 July 2010 relating to the renewal of social dialogue and to various provisions relating to the public service;
Vu le Decree No. 81-482 of 8 May 1981 setting the conditions for appointment and advancement in certain educational establishment or training management positions under the Minister of Education;
Vu le Decree No. 82-451 of 28 May 1982 amended on Administrative Committees, including article 19;
Vu le Decree No. 2011-184 of 15 February 2011 relating to technical committees in government and public institutions of the State, including Article 27;
Vu le Decree No. 2011-595 of 26 May 2011 relating to the conditions and procedures for the use of electronic voting by the internet the election of representatives of the staff in the bodies of representation of the staff of the State public service;
Having regard to the Order of 8 April 2011 establishing the Ministerial Technical Committee and the Deconcentrated Service Technical Committees of the Department of National Education;
Considering the decision of 10 May 2011 setting the date of the next professional elections in the public service of the State;
In view of the decision of 27 June 2011 establishing competent parity advisory boards with respect to certain non-holders in the Ministry of National Education, Youth and Associative Life;
Having regard to the decision of July 1, 2011 establishing the Technical Committee for Central Administration of the Ministries responsible for National Education and Research;
Having regard to the decision of 18 July 2011 on the terms and conditions for the organization of the e-voting of the staff members of the Ministers responsible for national education and higher education and research for the election of staff representatives to the Technical Committees, the Joint Administrative Committees and the Joint Advisory Committees for the elections scheduled from 13 October 2011 to 20 October 2011;
Vu deliberation of the National Commission for Computer Science and Freedoms No. 2010-371 of 21 October 2010 adopting a recommendation on the security of your electronic systems;
Vu la deliberation of the National Commission for Informatics and Freedoms No. 2011-181 dated 16 June 2011,
Stop:

Article 1


It is established, under the conditions set out in the Order in Council of May 26, 2011 and by the above-mentioned Order of July 18, 2011, an electronic voting system for the election of staff representatives to technical committees, parity administrative commissions and parity advisory committees under the Minister for National Education and the Minister for Higher Education and Research.

Article 2


It is created two separate, dedicated and isolated automated treatments called I. the "electors file" and II. the "electronic urn".
I. ― For each election, the purpose of the voters' file is to issue to each elector, from the voters' list, the identifier and password required for voting operations, to identify electors who took part in each election and to edit each voters' list.
II. ― For each ballot, the electronic ballot is intended to collect the votes cast.
The data in each file is encrypted.
They must not include a link to identify electors.

Article 3 Learn more about this article...


The mastery of the system and automated treatments is ensured by the General Directorate of Human Resources of the Ministry of National Education, Youth and Associative Life.
Mastery of work including the design, management and maintenance of the e-voting system via the internet is entrusted to a specialized technical provider chosen by the Minister of National Education, Youth and Associative Life under the conditions provided for in theArticle 35 of the Act of 6 January 1978 referred to above and to thearticle 3 of the decree of 26 May 2011 referred to above.
The technical provider shall apply the safety measures prescribed by the provisions of the decree of 26 May 2011 referred to above and this Order and any measures necessary for the protection of personal data. It is required to respect the confidentiality of the information held in connection with the benefit provided.
The expert must provide a technical means to verify a posteriori that the various software components on which the expertise was carried were not modified on the Internet voting system used during the poll.

Article 4


Monitoring of the compliance of the lists imported on the electronic voting system with respect to the lists of electors transmitted to the provider is carried out under the responsibility of the administration responsible for the implementation of the electronic voting system.
The conformity of the lists imported on the electronic voting system for applications is monitored under the same conditions.

Article 5


The personal data categories recorded are:
― for electoral lists: voter number, civility, name and name of the elector, body and grade of belonging, establishment or service of assignment, academy of attachment, if any the assignment department;
― for the voters' file: civility, names and names of the elector, body and grade of belonging, ID and password, date and department of birth, identification number of national education officers (NUMEN), establishment or service of assignment, academy of connection, where applicable the assignment department, management office, posting agency, e-mail address chosen, where applicable, a personal address
― for the starting lists: data identical to those contained in the electoral list;
- for the lists of candidates: civility, name and surnames, body and rank of membership of the candidates composing the list in the event of the balloting of lists, identification of the candidate union organization in the event of a ballot, membership in a union union if applicable;
- for results lists: lists or acronyms, votes obtained and number of seats obtained.

Article 6


The recipients or categories of recipients of this information are:
- for electoral lists: voters affected by the ballot, union organizations candidates for election, officers of the central and decunct departments responsible for the management of the personnel concerned;
― for the voters' file: each voter for the information about it;
― for stand-alone lists: members of the electronic voting office competent for the ballot concerned;
- for the lists of candidates: voters concerned by the ballot, union organizations candidates for election, officers of the central and decunct departments responsible for the management of the personnel concerned;
- for the lists of results: voters, E-voting Authority, E-voting officers, E-voting officers responsible for the respective elections, Central Service staff and deccent staff management officers.
In the event of a contestation of the elections, these documents are held at the disposal of the judge of the election, as well as authorized officers of the Directorate of Legal Affairs for the purposes of the investigation of the appeal.

Article 7 Learn more about this article...


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 by the department responsible for the organization of the ballot concerned, by way of dematerialisation.

Article 8 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 this treatment.

Article 9


The implementation of the electronic voting system is carried out under the effective control of the representatives of the Internet-based electronic voting administration, as well as members of the electronic voting offices and the centralized electronic voting offices.
All measures are taken to verify the effectiveness of the security devices provided by the provider.

Article 10


The provisions of this Order shall apply for the professional elections referred to in Article 1 of this Order and fixed from 13 October 2011 to 20 October 2011.

Article 11


The secretary general of the Ministry of National Education, the rectors, the vice-rectors, the inspectors of academy, the directors of the departmental services of national education and the head of the education service in Saint-Pierre-et-Miquelon are responsible, each with regard to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.


Done on 18 July 2011.


Minister of National Education,

youth and associative life,

For the Minister and by delegation:

Director General

human resources,

J. Theophile

Minister of Higher Education

and research,

For the Minister and by delegation:

Director General

human resources,

J. Theophile


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