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Decree No. 2012-895 19 July 2012 Authorizing Automated Processing Of Personal Data Referred To As "agorha" For The Management Of Human Resources Of The National Gendarmerie

Original Language Title: Décret n° 2012-895 du 19 juillet 2012 portant autorisation d'un traitement automatisé de données à caractère personnel dénommé « Agorha » relatif à la gestion des ressources humaines de la gendarmerie nationale

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Summary

Implementation of sections 8, 27 and 38 of Act 78-17. Repeal of the decree of 20 January 1988 authorizing the National Gendarmerie to register the registration number on the national register for the identification of natural persons in the file.

Keywords

ARMED , MILITARY PERSONNEL , NATIONAL GENDARMERY , DIRECTION OF MILITARY PERSONNELS OF NATIONAL GENDARMERIA , ACTIVITIVE PERSONNEL , RESERVED PERSONNEL , ARMED FORCES , CIVIL AND MILITARY PERSONNEL


JORF n°0168 of 21 July 2012
text No. 9



Decree No. 2012-895 of 19 July 2012 authorizing the automated processing of personal data called "Agorha" relating to the human resources management of the national gendarmerie

NOR: INTJ1208442D ELI: https://www.legifrance.gouv.fr/eli/decret/2012/7/19/INTJ1208442D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2012/7/19/2012-895/jo/texte


The public concerned: active and reserve military personnel of the National Gendarmerie, civilian and military personnel of the other armed forces assigned to the training of the National Gendarmerie.
Subject: creation of automated treatment for the management of the national gendarmerie.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the decree is to authorize automated and non-automated treatment for recruitment management and administrative, financial and operational management of the National Gendarmerie military. This treatment also allows the monitoring and management of missions and travel of civilian personnel and military personnel of other armed forces assigned to the National Gendarmerie formations.
References: This decree is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of the Interior and the Minister of Defence,
Vu le Defence code ;
Vu la Act No. 78-17 of 6 January 1978 amended on information technology, files and freedoms, including articles 8, 27 and 38;
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...


The Minister of the Interior (direction of military personnel of the National Gendarmerie) is authorized to implement automated and non-automated processing of personal data called "Agorha".
The purpose of this treatment is to:
1° The management of recruitment in the national gendarmerie;
2° Administrative, financial and operational management of active and reserve military personnel of the National Gendarmerie;
3° The identification, location and management of missions and travel expenses of civilian personnel and military personnel of other armed forces assigned to the National Gendarmerie formations.

Article 2 Learn more about this article...


The categories of personal data and information 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. ― Alone have access to, on the basis of their respective responsibilities and the need to know, in whole or in part of the data referred to in Article 2, for their constitution and management, the officers, authorized by the administrative authority responsible for the processing, the services of the national gendarmerie responsible for the recruitment, the administrative management of the personnel, the preparation of the liquidation of the pay and the removal of the contributions of their members
II. ― may be consigned to all or part of the data referred to in Article 2, because of their respective responsibilities and the need to know, the agents:
1° The Ministry of Defence responsible for administrative and accounting operations to the staff of the National Gendarmerie;
2° Medical centres of the National Gendarmerie and the Ministry of Defence in the context of recruitment and human resources management;
3° The National Gendarmerie responsible for the investigation of applications, as part of their recruitment management mission.

Article 4 Learn more about this article...


Personal data and recruitment information recorded in the treatment are retained for up to five years after the deadline for the appointment. The other information is retained until any link to the administration of the national gendarmerie 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 "Agorha" treatment may be related to:
1° The treatment or treatment of the Ministry of Defence related to:
(a) Human resources;
(b) To pensions;
(c) In the calculation of the balance;
(d) Travel expenses;
(e) To conversion;
2° The treatment(s):
(a) The National Military Social Security Fund;
(b) At the Fund for Compensation for Family Benefits, Industrial Accidents and Employee Insurance in New Caledonia.

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 shall be exercised with the direction of the military personnel of the National Gendarmerie.

Article 9 Learn more about this article...


The Decree of 20 January 1988 authorizing the National Gendarmerie to register the registration number on the National Register for the Identification of Physical Persons in its personnel file is repealed.

Article 10 Learn more about this article...


The Minister of the Interior and the Minister of Defence 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.

  • Annex



    A N N E X E
    LIST OF PERSONAL DATA AND INFORMATION RELATING TO PERSONNEL
    MILITARY AND CIVILS IN THE "AGORHA" TRAITEMENT
    I. ― Individual Identification Data
    A. ― Identification


    Names and first names.
    2° Sex.
    3° Date and place of birth.
    4° Date of death.
    5° Nationality, mode and date of acquisition.
    6° Constable identification number and assignment unit.
    7° Defence ID number.
    8° Candidate ID number.
    9° Private and professional addresses.
    10° Identity photograph.
    11° E-mail.
    12° Telephone and fax numbers.
    13° Numbers, dates of validity and place to obtain passport(s), military identity card and national identity card, traffic cards, military family card and professional card.
    14° Number, type and date of obtaining driver's licenses.
    15° Contact details of persons to be notified in the event of an emergency.
    16° Enrolment number on the National Register for the Identification of Physical Persons for the only transactions carried out in the preparation of the pay liquidation.


    B. Family situation


    1° Current and past marital situations.
    2° Conjoint, concubin or partner bound by a civil pact of solidarity:
    (a) Names and names;
    (b) Date and place of birth;
    (c) Address;
    (d) Constable identification number and assignment unit, if applicable;
    (e) Professional status.
    3° Number of children, dependent and not dependent.
    4° Family situation of children and other dependents:
    (a) Names and names;
    (b) Date and place of birth;
    (c) Address;
    (d) Professional situation;
    (e) Date of arrival at home;
    (f) Start and end dates;
    (g) Current and past family situation.
    5° Members of the applicant ' s family and spouse; Applicant ' s guardians:
    (a) Names and names;
    (b) Date and place of birth;
    (c) Address;
    (d) Professional situation;
    (e) Link to the current and past military institution, if applicable: army, rank, position;
    (f) Marital status;
    (g) Relationship;
    (h) Tutoring period.


    II. ― Professional Life Data
    A. ― Training. - Diplomas. ― Distinctions


    1° Professional training (initial, continuous).
    2° Civil and military diplomas.
    3° Patents.
    4° Foreign languages practiced and level of knowledge.
    5° Speciality, dominant.
    6° Courses done.
    7° Qualifications (family, type, degree, level, dates of obtaining and upgrading).
    8° Certificates and certificates.
    9° Skills.
    10° Frequent settlements, last class frequented.
    11° Training needs.
    12° Registration for training.
    13° Instructors, tutors.
    14° Honours.
    15° Rewards and decorations.


    B. ― Candidature to Commitment. - Competition. Review


    1° Type, dates.
    2° Internal/external registration.
    3° Application file:
    (a) Registration number, unit having established the file, date and time of application;
    (b) Session number, selection centre, departure station;
    (c) Availability date;
    (d) Tracking the file: dates and times of modification, validation, deletion, knowledge of the conditions of the contest;
    (e) Choice of options;
    (f) Preference of position (for officers);
    (g) Motivations;
    (h) Year of the previous preparation organized by the National Gendarmerie;
    (i) Statements by the candidate of choice of the territorial regime and of acceptance to serve in metropolis.
    4° Convocation.
    5° Tests and tests:
    (a) Test submission number;
    (b) Results;
    (c) Reason for failure to physical tests;
    (d) General fitness level.
    6° Ranking.
    7° Results of administrative investigations and tests, overview of the application.
    8° Decision.
    9° Affectation.
    10° Members of the jury:
    (a) Names and names;
    (b) Civil or military;
    (c) Address;
    (d) Professional status.


    C. ― Military situation


    Status.
    2° Grade and date of appointment in grade.
    3° Arme.
    4° Situation with regard to national service obligations.
    5° Current or earlier military situation.
    6° Office or national service centre.
    7° Start and end of service or contract dates.
    8° Military preparation.
    9° Duration of military services.
    10° Date of certificate of technical fitness.
    11° Date of career integration.
    12° Reservist employment.


    D. ― Career


    1° Professional status.
    2° Current and previous employees (professional and address).
    3° Recruitment.
    4° Date and reason for departure of the national gendarmerie.
    5° Last military grade obtained prior to entry into national gendarmerie.
    6° Date and place of oath.
    7° Contract history.
    8° Administrative and statutory position.
    9° State of services:
    (a) History of positions, categories, statutes, bodies, grades;
    (b) History of assignments, posts, campaigns and missions.
    10° Notations.
    11° Advance: history of appointments and promotions.
    12° Mobility:
    (a) Maintenance indicator in mobile gendarmerie and end date;
    (b) Overseas regime indicator;
    (c) Request for change of weapon subdivision;
    (d) Greeting sheet;
    (e) Places limiting the independence of the military.
    13° Mutations :
    (a) History of requests;
    (b) Greeting cards.
    14° Enabling: start and end dates, level, enabling authority.
    15° Leaves, absences and permissions.
    16° Job restrictions.
    17° Elective function (reservists only).
    18° Identification of reserve advisers.


    E. ― Missions and travel


    Type.
    2° Place and dates.
    3° Order of mission.
    4° Fees for mission fees.
    5° Fees for change of residence.
    6° Nature, status and mission number.
    7° Employment/detachment unit.
    8° Number of mission days, number of days sold.


    F. ― Sanctions


    1° Disciplinary sanctions.
    2° Professional penalties.


    G. ― Reconversion


    1° Job offers.
    2° Follow-up of applications.
    3° Reconversion Leaves.
    4° Dates of interviews related to the professional passport.


    H. ― Housing


    1° Characteristics of accommodation conceded by absolute necessity of service.
    2° Date of occupation.
    3° Responsible unit.
    4° Maintenance unit.
    5° Connecting budget.
    6° Number of people hosted.
    7° Amount of rent and expenses.


    III. • Economic and financial data
    A. ― Personnel


    1° Bank details.
    2° Balance amount and balance book number.
    3° Treatment indices.
    4° Compensation.
    5° Additional payments.
    6° Duration of work.
    7° Miscellaneous allowances and allowances.
    8° Social or family benefits.
    9° Disability rate.
    10° Contribution deposit.
    11° Registration number for the military mutual.
    12° Residential change costs, mobility care.
    13° Too overpayment.
    14° Opposition.
    15° Food pensions.
    16° Balance advance and balance advance.
    17° Date and place of leave (for soldiers in foreign operations or assigned to foreign countries).
    18° Budgetary charge.


    B. ― Righteous persons


    1° Bank details.
    2° Revenues of the grievor.
    3° Monthly Family Treatment Supplement.
    4° Amount of family benefits of the same nature.
    5° Reverse of the family treatment supplement.
    6th State of taxation.
    7° Military child disability rate.


    IV. ― Medico-administrative data
    A. ― Personnel


    1° Blood group.
    2° Size and measurements.
    3° Medical fitness and fitness.
    4° Medical visits.
    5° Medical summons.
    6° Dates and results of checks of the military's physical condition.
    7° Injury and death in service: dates, types, causes, number, body or registration body.


    B. ― Candidates


    1° Aptitude or inability.
    2° Medical visit.


Done on July 19, 2012.


Jean-Marc Ayrault


By the Prime Minister:


The Minister of the Interior,

Manuel Valls

Minister of Defence,

Jean-Yves Le Drian


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