Decree No. 2013-410 Of 17 May 2013 Authorizing Automated Processing Of Personal Data Relating To The Management Of Human Resources Of The Ministries Of The Economy And Finance, Foreign Trade, Of The Product Recovery...

Original Language Title: Décret n° 2013-410 du 17 mai 2013 autorisant un traitement automatisé de données à caractère personnel relatif à la gestion des ressources humaines des ministères de l'économie et des finances, du commerce extérieur, du redressement product...

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Summary Application of articles 8, 27 and 38 of Act No. 78-17 of January 6, 1978.
Keywords economics, finance, public service of the State, Central Government, decentralized SERVICE, human resources, human resource management, employee, AGENT of the State, pay NATIONAL operator, INFORMATION system, computer, file computerized processing automated data processing, personal data, name, treatment of the human resources management UNIQUE in departments economic and financial, SIRHIUS, implementation, authority competent JORF n ° 0115 19 may 2013 text no. 4 order No. 2013-410 of 17 may 2013 authorizing treatment automated personal data relating to the management of human resources of the ministries of the economy and finance, trade, relief productive, of the reform of the State, decentralization and public service, and crafts, trade and referred to as tourism "SIRHIUS" NOR: EFIP1230821D ELI: https://www.legifrance.gouv.fr/eli/decret/2013/5/17/EFIP1230821D/jo/texte Alias : https://www.legifrance.gouv.fr/eli/decret/2013/5/17/2013-410/jo/texte interested Publics: agents and human resources departments economic and financial management services.
Subject: establishment of a treatment of unique human resources in departments economic and financial management called «SIRHIUS».
Entry into force: this order comes into force the day following its publication.
Notice: this order is designed to allow automated processing of personal data relating to the management of human resources economic and financial departments that will allow the connection to the new system of information relating to payroll service to national competence to interdepartmental character called 'national operator of pay', created by Decree No. 2007-903 on May 15, 2007 and responsible to ensure the pay of treatments wages and accessories of officials and agents of the State. Within this framework, the directions of economic and financial departments have committed a redesign of their existing information systems in the field of HR to develop SIRHIUS, a single departmental application.
References: this decree can be accessed on the Legifrance (http://www.legifrance.fr) site.
The Prime Minister, on the report of the Minister of economy and finance, pursuant to law No. 78-17 of 6 January 1978 amended relative to computers, files and freedoms, including its articles 8, 27 and 38;
Pursuant to law No. 83 - 634 of 13 July 1983 as amended on rights and obligations of officials, all amended Act No. 84-16 of 11 January 1984 on the statutory provisions on the public service of the State;
Considering Decree No. 82-447 of 28 May 1982 amended relating to the exercise of trade union rights in the public service;
Having regard to the opinion of the National Commission of data processing and freedoms dated June 7, 2012;
The Council of State (administration section) heard, enacts as follows: Article 1 more on this article...

The Ministers of economy and finance, trade, relief productive reform of the State, decentralization and public service, and crafts, trade and tourism are allowed to implement automated processing of data called 'SIRHIUS '.
This treatment has purpose the management administrative, financial and operational personnel, as well as employees of the public service, of these Ministers.


Article 2 more on this article...

The categories of personal data and information recorded in the treatment are listed in the annex to this Decree.
The personal data can be saved in the treatment only to the extent strictly where their operation is required for managing administrative, financial and operational of the person concerned.


Article 3 read more on this article...

I. ― are recipients of all or part of the data personal and information listed in the appendix to this Decree and can be accessed directly for their constitution and their management, their respective functions and the need to know, the officials authorized by the authority responsible for the treatment, responsible for administrative management of the personnel as well as the control and the pre-liquidation of pay.
II. - Can be recipients of all or part of the data listed in the appendix to this Decree, at the rate of their respective powers and within the limits of the need to know, the officials authorized by the administrative authority responsible treatment: 1 ° of calculating pensions and individual retirement account management;
2 ° of the liquidation of the pay.


Article 4 more on this article...

Subject to the legislative provisions and statutory relating to disciplinary and providing penalties a shelf life below, the personal data and information recorded in the treatment are kept until the end of the fifth year following the date to which, for any reason whatsoever, concerned officials cease permanently their functions.


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, treatment "SIRHIUS" can be put in relation to the processing of: 1 ° to the individual retirement account;
2 ° a the award from identifier Ministerial;
3 ° the liquidation of pay.


Article 6 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 this treatment.


Article 7 read more on this article...

Rights of access and rectification under articles 39 and 40 of the aforementioned law of January 6, 1978 are directly to the ministries concerned human resources service centres.


Article 8 more on this article...

The Minister of economy and finance, the Minister of international trade, the Minister of the productive recovery, Minister of reform of the State, decentralization and public service and the Minister of crafts, trade and tourism are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex A N N E X E list of data to character staff and of information recorded in the treatment "SIRHIUS" i. - Identification of persons.
A. — Identification of the agent: 1. name of birth, common, marital, surname, given names.
2 sex.
3. serial number assigned by the treatment.
4 registration number in the national register for the identification of individuals.
5 identifying departmental.
6 regimental customs.
7. personal addresses in France and abroad.
8 Professional addresses.
9 telephone/fax and e-mail address.
10 nationalities.
11. indicators of possession of official documents (driver's license, passport, national identity card).
12 final out of service (date).
13 death: date, place and cause of death.
B. ― family Situation: 1. marital status and number of dependents.
2 joint (name, first name, date and place of birth, postal and e-mail address, phone, nationality of origin, acquired, profession, registration number attributed by the treatment).
3 children (name, first name).
4. child (sex, date of birth, legitimate/child adopted child, date of filing of petition).
5 dependants (LastName, FirstName).
6. other rightsholders (name, start date, end date).
7 people to prevent an emergency.
II. ― data relating to professional life.
A. ― training, diplomas, distinctions: 1. diplomas (dates of graduation, levels).
2 languages.
3 tuition (nature, year of graduation, rank), competition.
4 qualifications held and exercised.
5 previous experiences.
6 theoretical courses.
7 placements.
8 honours, decorations.
B. ― career: 1. body, grades, levels, functional jobs, rafters, index of treatment (gross and plus), mode of access to the body/rank, industry, seniority in the step, reductions of seniority, seniority retained, dates effect.
2 statutory positions, administrative positions, situations abroad.
3 administrative assignments, operational assignments, functions, responsibilities.
4. disciplinary sanctions.
5 accumulation of activity.
6. assessment and rating.
7 pension rights.
8 military situation.
9 indicators of possession of professional documents (certifications and permits, clearances or swearing ins).
C. ― data relating to the exercise of a trade-union office or Union representation functions: 1. Union mandates and functions of representation in the bodies and agencies referred to in article 15 of Decree No. 82-447 of 28 May 1982 concerning the exercise of the right to organise in the public service.
2 discharges of service and authorization of absence for trade union activities.
3. absence authorization (Trade-Union Office).
4 permissions of absence (instances and bodies referred to in article 15 of Decree No. 82-444 28 May 1982 concerning the exercise of the right to organise public service).
III. Economic and financial data.
1 account number and bank details.
2 allowances, bonuses, and allowances.

3 wage deductions (overpayments, premiums paid to wrong, mutual, pension complementary).
4 social security scheme.
5. new indexed.
6 vacations.
7 index of assessment for civil pension.
IV. - Medico-administrative data.
1 medical examinations of medicine's prevention, adaptation of the work station.
2 handicap (Group, organization of recognition).
6. accidents of work and occupational diseases.
V. - Data relating to working time.
1 hours.
2. system time and organisation of the working time, working time recording.
3 leave of any kind and grounds.
4 absences (permissions, unjustified absences), exercise of the right to strike: dates, duration, reasons.
5. part-time, incomplete time and gradual cessation of activity.
6-banking account.
7 exercise of right opening elective credit hours and lack permissions (nature and dates).

Made may 17, 2013.
Jean-Marc Ayrault by Prime Minister: the Minister of economy and finance, Pierre Moscovici the Minister of international trade, Nicole Bricq the Minister of productive recovery, Arnaud Montebourg Minister of reform of the State, decentralization and public service, Marylise Lebranchu Minister of handicrafts, of trade and tourism, Sylvia Pinel

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