Key Benefits:
The Guard of Seals, Minister of Justice and Freedoms, and the Minister of National Education, Youth and Associative Life,
Vu le code of social action and families, including articles L. 133-6, L. 227-4 to L. 227-12 and R. 227-1 to R. 227-30;
Vu le Public Health Codeincluding articles L. 2324-1 to L. 2326-4 and R. 2324-10 to R. 2324-15;
Vu le Code of Criminal Procedureincluding articles 706-53-7,776, R. 53-8-24 and D. 571-6;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Vu the opinion of the National Commission on Informatics and Freedoms dated 2 February 2012,
Stop:
It is created, in the Ministry of National Education, Youth and Associative Life, in the direction of youth, popular education and associative life, a processing of personal data called "the information system for minors' receptions (SIAM)".
The purpose of this treatment is to ensure the protection of minors, as soon as they are registered in a school in accordance with Article L. 113-1 of the Education Code, which benefits outside the parental home, on the occasion of school holidays, professional holidays or leisure, of a form of collective reception of an educational character entering one of the categories provided for in Article R. 227-1 of the Code of Social Action and of Families.
As such, it allows:
1° To manage the reporting procedures for these receptions and the premises in which they are taking place;
2° To verify, in particular with regard to the provisions of Article L. 133-6 of the Code of Social Action and Families, the legal capacity of persons participating in such receptions;
3° To manage and consult the list of persons subject to suspension or prohibition of performing functions within these receptions.
In order to fulfil the purpose set out in the second paragraph, SIAM will conduct a systematic consultation of the national criminal record and the national automated file of perpetrators of sexual or violent offences.
The SIAM application can be linked to the national criminal record and the national automated file of perpetrators of sexual or violent offences.
The categories of personal information and data recorded in the treatment provided for in section 1 are:
civility, name(s), name(s), date and place (community, department and country) of birth as well as occupied functions, for speakers in the receptions of minors referred to above;
― the name(s) and surname(s) of the father and mother of stakeholders born abroad;
– qualifications related to the leadership and animation functions held by these stakeholders;
civility, name(s), name(s), date and place of birth, address and function of the host organizer;
- contact information (fixed telephone number, mobile phone number, email address) of people to contact in the event of an emergency;
― name(s), first name(s), date and place of birth of persons subject to a measure of suspension or prohibition of exercising in the collective receptions of minors as well as date, nature, duration and grounds of that measure, the latter may not be mentions of judgments or convictions.
The retention periods of these data are as follows:
― the identification data as well as the qualifications and functions performed are maintained for six years;
― data relating to persons subject to suspension or prohibition in the collective receptions of minors are kept for the duration of the measure. In addition, this period is accompanied by an additional fifteen days;
- data on the automated national file of sexual or violent offenders are kept for one month;
― Judicial record data are not stored in SIAM.
A portion of the recorded personal data may only be accessed by all or, as a result of their responsibilities, to:
– the Ministry for Foreign Affairs (direction of French abroad and consular administration) and French representations abroad;
- the deconcentrated services of the State;
- the territorially competent police and gendarmerie services;
―the organizers of collective receptions of educational minors;
- the partners of the Ministry of National Education, Youth and Associative Life: family allowances, funds of the agricultural social community and the local authorities concerned;
– the study or research organizations having passed a convention with the Ministry of National Education, Youth and Associative Life.
Access and rectification rights provided by Articles 39 and 40 of the Act of 6 January 1978 referred to above practiced with the leadership of youth, popular education and associative life.
The right of opposition provided by theArticle 38 of the Act of 6 January 1978 referred to above does not apply to this treatment.
The Director of Criminal Affairs and Graces and the Director of Youth, Popular Education and Associative Life are responsible, each with respect to him, for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 19 April 2012.
Minister of National Education,
youth and associative life,
For the Minister and by delegation:
The director of youth,
of popular education
and associative life,
Y. Dyèvre
The guard of the seals,
Minister of Justice and Freedoms,
For the Minister and by delegation:
Director of Criminal Affairs
and graces,
Mr. Caillibotte
