Key Benefits:
Public officials concerned: public officials from the Ministry of National Education, Youth and Associative Life and the Ministry of Higher Education and Research.
Subject: Creation of an automated processing of personal data relating to the management of the human resources of departments that gather the various existing human resources databases in a single new treatment called "SIRHEN".
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of this Order is to create an automated personal data processing related to the human resources management of the Ministry of National Education, Youth and Associative Life and the Ministry of Higher Education and Research that will allow the connection to the new system of information relating to the pay of the interdepartmental national service known as the "national pay operator", created by the Decree No. 2007-903 of 15 May 2007 and responsible for the payment of salaries, wages and accessories from government officials and agents.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of National Education, Youth and Associative Life and the Minister of Higher Education and Research,
Vu la Act No. 78-17 of 6 January 1978 modified in relation to information technology, files and freedoms, including articles 27 and 38;
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. 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. 2007-903 of 15 May 2007 creating an interdepartmental national jurisdiction service known as the "national pay operator";
Considering the opinion of the National Commission on Informatics and Freedoms of 21 July 2011;
The State Council (Section of Administration) heard,
Decrete:
Ministers responsible for education, higher education, research, youth and associative life are allowed to implement an automated processing of personal data called "SIRHEN" with the aim of:
1° Administrative and financial management of personnel;
2° Means management (jobs, posts and hours);
3° National and academic leadership, through the production of statistical indicators.
The categories of personal data and information recorded in the processing are listed in the Appendix to this Order.
Information is strictly necessary for their mission, within the limits of their responsibilities and the need to know about it, human resources officers, central and decentralized services, as well as national education inspectors from the Ministries of National Education, Youth and Associative Life and the Ministry of Higher Education and Research, individually designated and specially authorized by the administrative authority responsible for the processing.
In addition, the only information required for the calculation and liquidation of the pay shall be received by the duly authorized officers of general cash until December 2015 and, as of January 2013, by the national pay operator.
For this purpose, the automated processing of personal data called "SIRHEN" is subject to interconnection with the automated processing of national pay operator exclusively on the elements necessary for the calculation and liquidation of the pay.
The personal data referred to in section 2 shall be retained in the automated processing of personal data called "SIRHEN" until the final termination of the officer's duties, with the exception of the following categories of data:
1° Data relating to absences, retained for a period not exceeding two years from the date of resumption of the agent;
2° Disciplinary sanctions data, retained until they are removed from the agent's administrative file.
Access and rectification rights provided by Articles 39 and 40 of the Act of 6 January 1978 referred to above apply to the central and decentralized services staff management services of the Ministry of National Education, Youth and Associative Life and the Ministry of Higher Education and Research.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
The traces of the consultations, updates and exchanges are kept for the same duration as the personal data associated with them.
The Minister of National Education, Youth and Associative Life and the Minister of Higher Education and Research are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
PERSONAL FEATURES AND INFORMATION RELATING TO PERSONNELS OF THE MINISTRY OF NATIONAL EDUCATION, JEUNESSE AND ASSOCIATIVE VIEW AND THE MINISTRY OF SUPERIOR SENSE AND RESEARCH
I. - Individual identification data
A. ― Personnel identification
1° Family name, if applicable, marital or user name, and first names.
2° Sex.
3° Personal contact information (address, telephone, email).
4° Contact details of people to contact in case of emergency.
5° Date and place of birth.
6° Nationality.
7° Date of separation and place of death, if applicable.
8° Enrolment number on the National Register for the Identification of Physical Persons (for transactions only carried out in the preparation of the liquidation of the pay).
9° Departmental identifier of the agent (macle).
B. Family situation
1° Concerning the spouse or partner of the agent:
― family name, if any, marital or user name, and first names;
sex;
― address;
- date and place of birth;
nationality;
― body, grade, index of spouse, when employed by the department responsible for national education, youth, associative life or the department responsible for higher education and research;
- personal and professional contact information;
– permanent disability rate or disability rate;
professional status;
- the date of termination of the marital relationship and, where appropriate, the new marital status of the former spouses;
2° Concerning children and/or other persons in charge of the agent:
― name(s), name(s);
sex;
- date and place of birth;
― registration number to the national identification directory for the physical persons of children;
― the rank of the child in the brotherhood;
― filiation;
― address;
- date, permanent disability rate or disability rate and mode of custody;
- date of death, if applicable.
II. ― Professional Life Data
A. ― Training. - Diplomas. ― Distinctions
1° Continuing studies, diplomas and date of graduation.
2° Honours.
3° Continuous training actions.
4° Military situation: duration and date of military services or in the operational reserve or international volunteering.
B. ― Career
1° Category, body, grade, step and chevron.
2° Assignments and functions performed.
3° Skills and professional skills.
4° Statutory positions and administrative situations.
5° Contract data.
6° Terms of service and exercise.
7° Accommodation by absolute necessity of service.
8° Leaves and absences.
9° Time saving account.
10° Professional evaluations and interviews.
11° Advances and promotions.
12° Reductions and seniority increases.
13° Previous services.
14° Professional contact (address, telephone, email).
15th Professional elections.
16° Discharge of activity to perform the functions of union representative.
17° Date and type of termination of functions.
18° Pension benefits.
19° Additional activities allowed.
C. ― Sanctions
Disciplinary sanctions.
III. - Economic and financial data
1° Bank details.
2° Compensation elements (treatment, allowances, bonuses, reimbursement of expenses, deductions).
3° Rights to family and social benefits, right to the family supplement of treatment, resources declared for this purpose.
IV. - Health data
1° Medical fitness and disability: type of disability, date of start, date of end, disability rate, disability rate, adjustment of position (yes or not).
2° Accidents and occupational diseases.
Done on 8 March 2012.
François Fillon
By the Prime Minister:
Minister of National Education,
youth and associative life,
Luc Chatel
Minister of Higher Education
and research,
Laurent Wauquiez
