Summary Application of articles 8, 27 and 38 of the law 78-17.
Keywords defence, army, army, fuel SERVICE of the armed forces, defence, military JUSTICE SERVICE INFRASTRUCTURE SERVICE, PERSONNEL, computer, file computerized, automated processing, data processing, personal data, name, CONCERTO, implementation, authority competent JORF n ° 0107 may 6, 2012 text no. 7 Decree No. 2012-650 4 may 2012 for the establishment of a processing automated data staff referred to as Concerto, of staff of the army, the essences of armed service, infrastructure and defence staff service loaded the implementation and management of the service of military justice 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 interested Publics : for military personnel of the army, the essences of armed service, service of defence infrastructure and personnel responsible for the implementation and management of the service of military justice, as well as civilian staff and military personnel other armies in the formations of the army and of the essences of armed service.
Subject: creation of automated processing of data personal called Concerto.
Entry into force: the text comes into force the day following its publication.
Notice: automated processing is created for managing administrative, financial and operational military personnel of the army, the essences of armed service, service of defence and infrastructure staff responsible for implementation and management of the service of military justice. This treatment also allows the monitoring of civilian staff and military personnel of other armies deployed in the formations of the army and the essences of armed service.
References: this decree can be accessed on the Legifrance (http://www.legifrance.gouv.fr) site.
The Prime Minister, on the report of the Minister of defence and veterans, having regard to the defence code;
Pursuant to law No. 66 - 1037 of 29 December 1966 as amended relating to the exercise of military judicial functions;
Having regard to Act No. 78-17 of 6 January 1978 amended relative to computers, files and freedoms, including articles 8, 27 and 38;
Considering Decree No. 67-926 October 20, 1967, as amended on the regulation of public administration for purposes of law No. 66 - 1037 of 29 December 1966 concerning the exercise of military judicial functions;
Having regard to the referral to the National Commission of data processing and freedoms dated December 26, 2011;
The Council of State (administration section) heard, enacts as follows: Article 1 more on this article...
Is authorized the implementation, by the Directorate of human resources of the army, automated processing of Concerto referred to as personal data.
This treatment has the following objectives: 1 ° the administrative, financial and operational management of active and army reserve military personnel, the essences of armed service, service of defence and personnel management and implementing infrastructure implementation service of military justice;
2 ° the identification and location of civilian staff and military personnel of the other armies in the formations of the army and of the essences of armed service.
Article 2 more on this article...
The categories of data and information stored in the treatment are: 1 ° the registration number in the national Repertory of identification of physical persons, for the only operations necessary for financial management;
2 ° the other categories of personal data and information listed in the annex to this Decree.
Article 3 read more on this article...
I. - Are recipients of all or part of the personal data and the information listed in the appendix to this Decree and can access them directly for their constitution and their management, their respective functions and the need to know, the officials authorized by the administrative authority responsible for processing: 1 ° of the army human resources administration offices , the essences of armed service, service of defence and the military justice service infrastructure, management of human resources of the external entities to the aforesaid services within their missions collection and management data related to administrative and financial personnel and the national identification of natural persons Directory registration number;
2 ° of the Concerto support centre, as part of its control, correction of data and access rights management;
3 ° of the Directorates and services directly under the authority of the Director of human resources of the army as well as that of the Minister, as part of their recruitment, training and management of staff missions, for the data mentioned: has) A du I.
(b) to the I B;
(c) at the II.
(d) in 1 ° to 6 ° and 8 ° to 13 ° of III;
(e) in IV of the annex to this Decree;
4 ° the office pay and finance human resources branch the human resources of the army, in the context of their monitoring missions, management and control of pay and levy for the mutuals of the contributions of their members under the Ministry of defence and veterans, for the data mentioned: has) to 1 ° to 6 ° and 15 ° of the A of I;
(b) to the I B;
(c) to 1 ° to 7 ° and 9 ° of the II A;
(d) in 1 ° to 10 ° and 14 ° to 16 ° of the B of the II.
(e) in the III of the appendix to this Decree.
II. - Are also recipients of the data personal and information listed in the appendix to this Decree, at the rate of their respective functions and the need to know, the officials authorized by the administrative authority responsible for processing, service of the office of the armed forces, as part of their administrative and logistical functions and their monitoring mission of the balance (, for the data mentioned: has) to 1 ° to 6 ° of the I A;
(b) to 1 ° of the B of the I;
(c) to 1 ° to 3 ° of the B of II of the appendix to this Decree.
Article 4 more on this article...
The personal data and information stored in the treatment are kept up to the breaking of all ties with the administration of the defence.
The conservation of data relating to the reasons for absence is limited to a period not exceeding two years, unless contrary legislation.
The sanctions-related information is kept up to five years.
Article 5 read more on this article...
In the context of the purposes defined in article 1 and in the limit of the necessary information, the Concerto treatment can be put in relation to the processing of: 1 ° to the human resources of the Ministry of defence;
2 ° a conversion;
3 ° to pensions;
(4) the calculation of pay and travel expenses;
5 ° has the military national social security fund;
6 ° the allocation of housing.
Article 6 read more on this article...
Any transaction relating to automated treatment authorized by this Decree is a record that includes the identification of the user, the date, the time and the nature of the intervention in the automated treatment. These information are kept for a period of five years.
Article 7 read more on this article...
The right of opposition referred to in article 38 of the above-mentioned law of January 6, 1978 does not apply to the treatment authorized by this Decree.
Article 8 more on this article...
Rights of access and rectification under articles 39 and 40 of the aforementioned law of January 6, 1978 exerted with the army human resources Directorate.
Article 9 read more on this article...
The Minister of defence and Veterans Affairs is responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
Appendix A N N E X E list of data to character staff and of information relating to personal military and civilians registered in the treatment CONCERTO I. - data relating to the identification of a. ― personnel Identification 1 ° name and forenames;
2 ° sex;
3 ° date and place of birth;
4 ° nationality, mode and date of acquisition;
5 ° date and place of possible death.
6 ° identifying defence;
7 ° addresses private and professional;
8 ° photograph of identity;
9 ° e-mail;
10 ° telephone and fax numbers;
11 ° identifiers "Army";
12 ° numbers and dates of validity of the passports, the military identification card, of the national map of identity, of movement, of the military family card, of the administrative map of the spouse of the card "external operations";
13 ° number, type and date of the licence;
14 ° contact people to prevent emergencies.
15 ° for the only operations carried out in preparation for the liquidation of the payroll, registration number in the national register for the identification of individuals.
B. ― 1 ° marital status family status or other union;
2 ° name of spouse;
3 ° the spouse surnames;
4 ° date and place of birth of the spouse;
5 ° nationality of the spouse;
6 ° sex of the spouse;
7 ° employment status of spouse;
8 ° any disability of the spouse;
9 ° grade of the spouse, if applicable;
10 ° date of end of the marital relationship and new marital status of former spouses;
11 ° family situation of children and/or other dependants: a) name;
(c) date and place of birth;
f) place of birth;
(h) date and rate of any disability;
(i) employment status);
(j) date of commencement of support;
(k) date of possible death.
II. - Data privacy professional a. ― training. ― Graduates. ― Distinctions 1 ° vocational training (initial, ongoing);
2 ° degrees civil and military;
3 ° specialty;
4 ° honours;
5 ° awards and decorations;
6 ° civil and military language skills;
7 ° certificates and certificates;
8 ° level higher and vocational training;
9 ° institutions attended.
B. ― career 1 ° army, corps, rank;
2 ° level, level, index;
3 ° recruitment;
(4) contracts, addendums to contracts;
5 ° administrative and statutory position;
6 ° assignments;
7 ° decision management applications (mobility...);
8 ° positions and job categories;
9 ° periods of operational reserve;
10 ° qualifications, skills;
11 ° external operations;
12 ° clearances;
13 ° ratings;
14 ° Evaluations;
15 ° prior or special services;
16 ° permissions, other leave, reasons;
17 ° seniority and advancement;
18 ° cessation of functions.
― Sanctions 1 ° disciplinary Sanctions;
2 ° Professional sanctions.
III. Economic and financial character 1 ° tax address data;
2 ° system of allowances;
3 ° various allowances, social or family benefits;
(4) income of the spouse;
5 ° main payment;
(6) additional payments;
7 ° bank details;
8 ° the military mutual registration number;
9 ° costs of change of residence;
10 ° compensation for transportation and clothing;
11 ° recalls 12 ° overpayments;
13 ° oppositions;
14 ° alimony;
15 ° attachment of children and other dependants in the household tax, start and end dates mode of custody;
16 ° housing conditions;
17 ° amount of rent and expenses.
IV. ― data relating to the health of military personnel 1 ° blood group;
2 ° skills and demerit;
3 ° date of medical visits of skills.
Made may 4, 2012.
François Fillon Prime Minister: the Minister of defence and veterans, Gérard Longuet