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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 6 January 1978.

Keywords

ASSESSMENT , ASSESSMENT , ASSESSMENT , ASSESSMENT ,


JORF n°0115 of 19 May 2013
text No. 4



Decree No. 2013-410 of 17 May 2013 authorizing the automated processing of personal data relating to the management of the human resources of the ministries of economy and finance, foreign trade, productive recovery, state reform, decentralization and public service and crafts, trade and tourism called "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


The public concerned: human resources officers and services of the economic and financial ministries.
Subject: creation of a single human resources management treatment within the economic and financial departments called "SIRHIUS".
Entry into force: this decree comes into force on the day after its publication.
Notice: The purpose of this Order is to authorize the automated processing of personal data relating to the management of the human resources of the economic and financial departments that will allow the connection to the new system of information relating to the pay of the interdepartmental national service known as the "national pay operator", created by the Decree No. 2007-903 of 15 May 2007 and responsible for the payment of salaries, wages and accessories from government officials and agents. In this context, the branches of the economic and financial departments have undertaken a redesign of their existing human resources information systems to develop SIRHIUS, a single ministerial application.
References: This decree is available on the website Légifrance (http://www.legifrance.fr).
The Prime Minister,
On the report of the Minister of Economy and Finance,
Vu la Act No. 78-17 of 6 January 1978 amended on information technology, files and freedoms, including articles 8, 27 and 38;
Vu la Act No. 83-634 of 13 July 1983 amendments to the rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 amended with statutory provisions relating to the public service of the State;
Vu le Decree No. 82-447 of 28 May 1982 amended on the exercise of the right to organize in the public service;
Considering the opinion of the National Commission on Informatics and Freedoms of 7 June 2012;
The State Council (Section of Administration) heard,
Decrete:

Article 1 Learn more about this article...


Ministers of the economy and finance, foreign trade, productive recovery, state reform, decentralization and public service and crafts, trade and tourism are allowed to implement automated personal data processing called "SIRHIUS".
The purpose of this treatment is the administrative, financial and operational management of personnel, as well as public service employees, under these ministers.

Article 2 Learn more about this article...


The categories of personal data and information recorded in the processing are listed in the Appendix to this Order.
Personal data may only be recorded in the treatment provided that their exploitation is necessary for the administrative, financial and operational management of the person concerned.

Article 3 Learn more about this article...


I. ― All or part of the personal data and information referred to in the Schedule to this Order are to be received and may be accessed directly for their constitution and management, on the basis of their respective responsibilities and the need to know them, the agents, authorized by the authority responsible for the processing, responsible for the administrative management of the personnel and the control and pre-liquidation of the pay.
II. - may be consigned to all or part of the data referred to in the annex to this decree, on the basis of their respective powers and within the limits of the need to know, the agents authorized by the administrative authority responsible for the processing:
1° The calculation of pensions and the management of the individual pension account;
2° Cash liquidation.

Article 4 Learn more about this article...


Subject to the statutory and statutory provisions relating to disciplinary sanctions and providing for a lower shelf life, the personal data and information recorded in the treatment are retained until the end of the fifth year after the date on which, for any reason, the public officials concerned cease their duties permanently.

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 "SIRHIUS" treatment may be related to the related treatment(s):
1° In the individual retirement account;
2° To assign the ministerial identifier;
3° At the liquidation of the pay.

Article 6 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 this treatment.

Article 7 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 apply directly to the human resources services centres of the departments concerned.

Article 8 Learn more about this article...


The Minister of Economy and Finance, the Minister of Foreign Trade, the Minister of Productive Recovery, the Minister of State Reform, Decentralization and Public Service, and the Minister of Crafts, Trade and Tourism are responsible, each with respect to it, for the execution of this decree, 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
    SIRHIUS TRAITEMENT


    I. - Identification of persons.
    A. ― Identification of the agent:
    1. Birth name, usual, marital, patronymic, first names.
    2. Sex.
    3. Matricle attributed by treatment.
    4. Registration number on the national identification directory for natural persons.
    5. Ministerial identifier.
    6. 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 (driving permits, passport, national identity card).
    12. Final service release (date).
    13. Death: date, place and cause of death.
    B. ∙ Family situation:
    1. Marital status and number of dependent children.
    2. Conjoint (name, first name, date and place of birth, postal and electronic address, telephone, nationality of origin, acquired, occupation, registration assigned by the treatment).
    3. Children (name, first name).
    4. Children (sex, date of birth, legitimate child/child adopted, date of application for adoption).
    5. Dependants (name, first name).
    6. Other persons entitled (name, first name, start date, end date).
    7. People to be prevented in the event of an emergency.
    II. ― Professional life data.
    A. ― Training, diplomas, distinctions:
    1. Degrees (dates, levels).
    2. Languages.
    3. School (nature, year of promotion, rank), competition.
    4. Qualifications held and exercised.
    5. Previous experiences.
    6. Theoretical courses.
    7. Practical courses.
    8. Honours, decorations.
    B. ― Career:
    1. Body, grades, steps, functional jobs, chevrons, treatment index (big and majored), access to body/grade, chain, seniority in the range, oldness reductions, retained age, effect dates.
    2. Statutory positions, administrative positions, foreign situations.
    3. Administrative assignments, operational assignments, functions, functions.
    4. Disciplinary sanctions.
    5. Cumulus of activity.
    6. Evaluation and rating.
    7. Retirement rights.
    8. Military situation.
    9. Indicators of possession of professional documents (certifications and permits, authorizations or sworns).
    C. ― Data relating to the exercise of a trade union mandate or trade union representation functions:
    1. Union mandates and representation functions within the bodies and organizations mentioned in theArticle 15 of Decree No. 82-447 of 28 May 1982 the exercise of the right to organize in the public service.
    2. Service discharges and absence authorizations for trade union activities.
    3. Absence authorities (trade union mandat).
    4. Authorizations of absence ( Proceedings and Organizations referred to in Article 15 of Decree No. 82-444 of 28 May 1982 relating to the exercise of the right to trade in the public service).
    III. - Economic and financial data.
    1. Account number and bank identification.
    2. Allowances, bonuses, allowances.
    3. Wages held (too-perceived, wrongly paid, mutual, supplementary pension).
    4. Social security system.
    5. New indiciary bonus.
    6. Vacations.
    7. Civil pension contribution index.
    IV. - Medical-administrative data.
    1. Medical visits to preventive medicine, adaptation of the workstation.
    2. Handicap (group, recognition body).
    6. Occupational accidents and diseases.
    V. - Working time data.
    1. Timetable.
    2. Hourly and work-time planning, working-time recording.
    3. Leaves of all nature and motives.
    4. Absences (authorities of absence, unjustified absences, exercise of the right to strike): dates, durations, reasons.
    5. Part time, incomplete time and phased cessation of activity.
    6. Time savings account.
    7. Exercise of elective functions that allow for absence or hour credit (nature and dates).


Done on 17 May 2013.


Jean-Marc Ayrault


By the Prime Minister:


Minister of Economy and Finance,

Pierre Moscovici

The Minister of Foreign Trade,

Nicole Bricq

Minister of Productive Recovery

Arnaud Montebourg

The Minister of State Reform,

decentralization

and the Public Service,

Marylise Lebranchu

The Minister of Crafts,

Trade and tourism,

Sylvia Pinel


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