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Decree No. 2012-650 4 May 2012 On The Establishment Of Automated Processing Of Personal Data, Referred To As The Concerto, The Army Staff, The Essences Of Armed Service, Service Infrastructure Of The Defen...

Original Language Title: Décret n° 2012-650 du 4 mai 2012 portant création d'un traitement automatisé de données à caractère personnel, dénommé Concerto, du personnel de l'armée de terre, du service des essences des armées, du service d'infrastructure de la défen...

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Information on this text

Summary

Application of sections 8, 27 and 38 of Act 78-17.

Keywords

DEFENSE , ARMEE , ARMEE DE TERRE , SERVICE DES ESSENCE DES ARMEes , SERVICE D'INFRASTRUCTURE DEFENSE , SERVICE DE LA JUSTICE MILITAIRE , PERSONNEL , INFORMATIQUE , FICHIER INFORMATISE , TRAITEMENT AUTOMATISE , TRAITEMENT DE DONNEES ,


JORF n°0107 du 6 mai 2012
text No. 7



Decree No. 2012-650 of 4 May 2012 establishing an automated processing of personal data, known as Concerto, personnel of the army, the service of the military essences, the defence infrastructure service and the personnel responsible for the implementation and management of the military justice service

NOR: DEFD1206713D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/5/4/DEFD1206713D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/5/4/2012-650/jo/texte


The public concerned: the military personnel of the army of land, the service of the essences of the armies, the defence infrastructure service and the personnel responsible for the implementation and management of the service of military justice, as well as the civilian personnel and military personnel of the other armies assigned to the formations of the army of land and the service of the essences of the armies.
Purpose: Create an automated personal data processing called Concerto.
Entry into force: the text comes into force on the day after its publication.
Manual: Automated processing is created for the administrative, financial and operational management of military personnel of the land army, the military petrol service of the armed forces, the defence infrastructure service and personnel responsible for the implementation and management of the military justice service. This treatment also allows the follow-up of civilian personnel and military personnel of the other armies in the formations of the army and those of the service of the military essences.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence and Veterans Affairs,
Vu le Defence code ;
Vu la Act No. 66-1037 of 29 December 1966 amended on the exercise of military judicial functions;
Vu la Act No. 78-17 of 6 January 1978 amended on information technology, files and freedoms, including articles 8, 27 and 38;
Vu le Decree No. 67-926 of 20 October 1967 amended by-law for public administration Act No. 66-1037 of 29 December 1966 the exercise of military judicial functions;
Considering the referral of the National Commission on Informatics and Freedoms dated 26 December 2011;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


It is authorized to implement, by the Human Resources Directorate of the Army, an automated processing of personal data called Concerto.
The purpose of this treatment is to:
1° The administrative, financial and operational management of the active and reserve military personnel of the army, the service of the military essences, the defence infrastructure service and personnel responsible for the management and implementation of the military justice service;
2° The identification and location of civilian personnel and military personnel of other armies in the formations of the army of land and the service of the essences of the armies.

Article 2 Learn more about this article...


The data and information categories recorded in the processing are:
1° The registration number on the national directory for the identification of natural persons, for the only operations required for financial management;
2° Other categories of personal data and information listed in the Appendix to this Order.

Article 3 Learn more about this article...


I. - shall be consigned to all or part of the personal data and information referred to in the annex to this decree and may access it directly for their constitution and management, on the basis of their respective responsibilities and the need to know it, the agents authorized by the administrative authority responsible for the processing:
1° Offices for the administration of the human resources of the Land Army, the service of the military essences, the defence infrastructure service and the military justice service, the human resources management services of entities outside the above-mentioned services, as part of their missions to collect and manage data relating to the administrative and financial situation of personnel and the registration number on the national register for the identification of natural persons;
2° From Concerto Support Centre, as part of its monitoring, data correction and access rights management mission;
3° Directions and services directly related to the authority of the Chief Human Resources Officer of the Army and the Minister's Human Resources Director, as part of their recruitment, training and career management missions of staff, for the data mentioned:
(a) A du I;
(b) B of I;
(c) In II;
(d) At 1° to 6° and 8° to 13° of III;
(e) In IV of the annex to this decree;
4° From the Human Resource Balance and Finance Office of the Human Resources Management of the Land Army, as part of their monitoring, management and balance control missions, and the collection of contributions from their members under the Ministry of Defence and former combatants for the data mentioned:
(a) At 1° to 6° and at 15° of A of I;
(b) B of I;
(c) At 1° to 7° and 9° of A of II;
(d) At 1° to 10° and 14° to 16° of B of II;
(e) In III of the annex to this decree.
II. - The personal data and information referred to in the annex to this decree are also consigned to, on the basis of their respective responsibilities and the need to know, the agents authorized by the administrative authority responsible for the processing, the service of the Armed Police Station, within the framework of their administrative and logistical responsibilities and their mission of balance control, for the data mentioned:
(a) At 1° to 6° of A du I;
(b) At 1° of B of I;
(c) At 1° to 3° of B of II of the annex to this decree.

Article 4 Learn more about this article...


The personal data and information recorded in the processing are retained until any link to the defence administration is broken.
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.

Article 5 Learn more about this article...


As part of the purposes defined in Article 1 and within the limits of the necessary information, the Concerto treatment may be related to the related treatment(s):
1° Human resources of the Ministry of Defence;
2° To conversion;
3° To pensions;
4° In the calculation of the balance and travel expenses;
5° The National Military Social Security Fund;
6° The allocation of housing.

Article 6 Learn more about this article...


Any automated processing operation authorized by this Order shall be registered including the identification of the user, the date, time and nature of the intervention in the said automated processing. This information is maintained for a period of five years.

Article 7 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.

Article 8 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 practice with the human resources management of the army of land.

Article 9 Learn more about this article...


The Minister of Defence and Veterans Affairs is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E
    LIST OF PERSONAL DATA AND RELATIVE INFORMATION
    MILITARY AND CIVIL PERSONNELS IN CONCERTO
    I. - Individual identification data
    A. ― Personnel identification


    First name and first name;
    2° Sex;
    3° Date and place of birth;
    4° Nationality, mode and date of acquisition;
    5° Date and place of death;
    6° Identifying defence;
    7° Private and professional addresses;
    8° Photograph of identity;
    9° E-mail;
    10° Telephone and fax numbers;
    11° Identifiers « Army of earth » ;
    12° Numbers and dates of validity of the passport(s), the military identity card, the national identity card, traffic cards, the military family card, the administrative card of the spouse, the "outdoor operation" card;
    13° Number, type and date of obtaining the driver's license;
    14° Contact details of persons to be prevented in the event of an emergency;
    15° For only transactions carried out in the preparation of the pay liquidation, registration number on the National Register of Identification of Physical Persons.


    B. Family situation


    1° Marital status or other union;
    2° Name of spouse;
    3° Name of spouse;
    4° Date and place of birth of the spouse;
    5° Nationality of the spouse;
    6° Sex of the spouse;
    7° Professional status of spouse;
    8° Possible spouse disability rate;
    9° Grade of spouse, if applicable;
    10° End date of the matrimonial bond and new marital status of the former spouses;
    11° Family situation of children and/or other dependents:
    (a) Name;
    (b) First name;
    (c) Date and place of birth;
    (d) Sex;
    (e) Nationality;
    (f) Birthplace;
    (g) Linkage;
    (h) Date and possible disability rates;
    (i) Professional situation;
    (j) Start date of care;
    (k) Deadline.


    II. - Data on professional life
    A. ― Training. - Diplomas. ― Distinctions


    1° Professional training (initial, continuous) ;
    2° Civil and military diplomas;
    3° Speciality;
    4° Honorary Distinctions;
    5° Rewards and decorations;
    6° Civil and military language qualification;
    7° Certificates and certificates;
    8° Level of higher and vocational training;
    9° Frequent settlements.


    B. ― Career


    1° Army, body, rank;
    2° Scale, step, index;
    3° Recruitment;
    4° Contracts, amendments to contracts;
    5° Administrative and statutory position;
    6° Assignments;
    7° Management decision requests (mobility...) ;
    8° Occupied positions and employment categories;
    9° Operating reserve periods;
    10° Qualifications, skills;
    11° External operations;
    12° Enabling;
    13° Notations;
    14° Evaluations;
    15° Previous or private services;
    16° Permissions, other leave, reasons;
    17° Ancient and advanced;
    18° Cessation of functions.


    C. ― Sanctions


    1° Disciplinary sanctions;
    2° Professional penalties.


    III. - Economic and financial data


    1° Tax address;
    2° Compensation;
    3° Various allowances, social or family benefits;
    4° Spousal income;
    5° Main payment;
    6° Additional payments;
    7° Bank details;
    8° Enrolment number to the military mutual;
    9° Residence change fees;
    10° Compensation for transport and clothing;
    11° Reminders
    12° Too overpayment;
    13° Objections;
    14° Food pensions;
    15° Connecting children and other dependants to the tax home, starting and ending dates, mode of custody;
    16° Conditions of accommodation;
    17° Amount of rent and expenses.


    IV. - Military personnel health data


    1° Blood group;
    2° Aptitudes and inability;
    3° Date of medical fitness visits.


Done on 4 May 2012.


François Fillon


By the Prime Minister:


Minister of Defence

and veterans,

Gérard Longuet


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