Key Benefits:
Public concerned: military and civilian personnel of the Ministry of Defence.
Subject: modification of the automated personal data processing of the Ministry of Defence called "Rhapsodie", "Arhmonie", "Orchestre Air", " Concerto" and "Alliance".
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of this Order is to amend certain automated treatments related to the human resources information systems of the Ministry of Defence in order to take into account the interarming of the corps of the Commissioners of the Armed Forces and to extend the list of recipients of the data.
References: the provisions of Decree No. 2010-1519 of 8 December 2010 creating an automated processing of personal data called "Rhapsodie" of national marine personnel, and Decree No. 2011-632 of 7 June 2011 creating an automated processing of personal data called "Arhmony" of personnel of the military health service, Decree No. 2011-1966 of 26 December 2011 creating an automated processing of personal data called "Operation Air" by air force personnel, and Decree No. 2012-650 of 4 May 2012 creating an automated processing of personal data known as the "Concert" of the personnel of the army, the service of the military essences, the defence infrastructure service and the personnel responsible for the implementation and management of the military justice service and the Decree No. 2012-1287 of 21 November 2012 authorizing the automated processing of personal data called the "Alliance" of the civilian personnel of the Ministry of Defence and the military personnel of the General Directorate of Armament and General Control of the Armed Forces as amended by this decree may be consulted, in their drafting resulting from this amendment, on the site Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Defence,
Vu la Act No. 78-17 of 6 January 1978 amended on information technology, files and freedoms, including articles 8, 27 and 38;
Vu le Decree No. 2010-1519 of 8 December 2010 creating an automated processing of personal data called "Rhapsodie" of national marine personnel;
Vu le Decree No. 2011-632 of 7 June 2011 creating an automated processing of personal data, known as "Arhmonia", of personnel of the military health service;
Vu le Decree No. 2011-1966 of 26 December 2011 creating an automated processing of personal data called the "Operation Air" of air force personnel;
Vu le Decree No. 2011-1983 of 28 December 2011 amending certain regulatory provisions relating to defence chaplains;
Vu le Decree No. 2012-650 of 4 May 2012 creating an automated processing of personal data, known as the Concerto, of the personnel of the land army, the service of the military essences, the defence infrastructure service and the personnel responsible for the implementation and management of the military justice service;
Vu le Decree No. 2012-1029 of 5 September 2012 bearing special status of the body of the armed commissioners;
Vu le Decree No. 2012-1287 of 21 November 2012 authorizing the automated processing of personal data known as the "Alliance" of civilian personnel of the Ministry of Defence and military personnel of the General Directorate of Arming and General Control of the Armed Forces;
Considering the referral of the National Commission on Informatics and Freedoms dated 29 April 2013;
The State Council (Section of Administration) heard,
Decrete:
The above-mentioned decree of 8 December 2010 is amended as follows:
I. ― The 1st of Article 1 is replaced by a 1° as follows:
« 1° The administrative, financial and operational management of the active and reserve military personnel of the national navy and the corps of the specific "marine" training armies;".
II. ― The second paragraph of the 4th of Article 3 is replaced by a written one:
“(a) At 1° to 6° and 8° of A du I ;".
III. ― After the 16° of the B of the II of the annex, it is inserted a 17° as follows: "17° External operations. »
IV. ― After the 7th of Article 3, it is added an 8th and a 9th as follows:
« 8° From the sub-direction of counter-interference and the zonal branches of the Directorate of Defence Protection and Security, within the framework of their investigation and search missions for violations of national security, for the data mentioned:
(a) At 1° to 8° of A du I;
(b) At 1° to 7° and 10° of the B of I;
(c) At 1° to 3°, at 6° and 7° and at 9° of the A du II;
(d) At 2° to 4°, at 7°, at 9°, at 13°, at 14° and at 17° of B of II;
(e) At 1° to 3° of III,
the annex to this decree;
« 9° From the Veteran Health Observatory, as part of their mission of health watch for the benefit of the military, for the data mentioned:
(a) At 1° to 4° and at 6° and 7° of A du I;
(b) 3° of the A du II;
(c) At the 7th and 17th grade of the B of the II,
to this Order. »
The above-mentioned decree of 7 June 2011 is amended as follows:
I. ― The 1st of Article 1 is replaced by a 1° as follows:
« 1° The administrative, financial and operational management of active and reserve military personnel of the military health service, the body of health-specific training armies commissioners and military chaplains; "
II. ― After the last paragraph of the second paragraph of Article 3, it is added a 3° and a 4° as follows:
« 3° From the sub-direction of counter-interference and the zonal branches of the Directorate of Defence Protection and Security, within the framework of their investigation and search missions for violations of national security, for the data mentioned:
(a) At 1° to 6° and at 9° and 10° of A du I;
(b) At 1° to 6° and at 9° of B of I;
(c) At 1° to 3° and at 6° to 8° of the A du II;
(d) At 1° and 2°, at 4°, at 6° to 11° and at 16° of B of II;
(e) 2° and 3° and 5° of III,
the annex to this decree;
4° From the Veteran Health Observatory, as part of their mission of health watch for the benefit of the military, for the data mentioned:
(a) 1° to 3°, 6° and 9° of A du I;
(b) 3° of the A du II;
(c) At 8° and 11° of B of II,
to this Order. »
The above-mentioned decree of 26 December 2011 is amended as follows:
I. ― The 1st of Article 1 is replaced by a 1° as follows:
« 1° The administrative, financial and operational management of the active and reserve military personnel of the Air Force and the body of the specific training armies commissioners "air" ;).
II. ― Section 3 II is replaced by a II as follows:
“II. ∙ The personal data and information referred to in the Appendix to this Order are also addressed to the recipients, on the basis of their respective responsibilities and the need to know them, the agents authorized by the administrative authority responsible for the processing:
1° From the Office of the Commissioner of the Armed Forces, as part of their administrative and logistical functions and their mission of balance control, for the data mentioned:
(a) I;
(b) At 6° to 8° of A du II;
(c) At 1° to 12° and at 19° of B of II;
(d) In III,
the annex to this decree;
2° From the sub-direction of counter-interference and the zonal branches of the Directorate of Defence Protection and Security, within the framework of their investigation and search missions for violations of national security, for the data mentioned:
(a) At 1° to 6° and at 9° and 11° of A du I;
(b) At 1° to 6° and at 9° of B of I;
(c) At 1° to 3°, at 6° to 8° of the A du II;
(d) At 1° and 2°, at 4°, at 6° to 11° and at 16° of B of II;
(e) At 2° to 4° of III,
the annex to this decree;
3° From the Veteran Health Observatory, as part of their mission of health watch for the benefit of the military, for the data mentioned:
(a) 1° to 3°, 6° and 9° of A du I;
(b) 3° of the A du II;
(c) At 8° and 11° of B of II,
to this Order. »
The above-mentioned decree of 4 May 2012 is amended as follows:
I. ― The 1st of Article 1 is replaced by a 1° as follows:
« 1° The administrative, financial and operational management of the active and reserve military personnel of the Army of Land, the corps of commissioners of the specific "land" training armies, the service of the military essences, the defence infrastructure service and personnel responsible for the management and implementation of the military justice service; "
II. ― Section 3 II is replaced by a II as follows:
“II. ∙ The personal data and information referred to in the Appendix to this Order are also addressed to the recipients, on the basis of their respective responsibilities and the need to know them, the agents authorized by the administrative authority responsible for the processing:
1° From the Office of the Commissioner of the Armed Forces, as part of their administrative and logistical functions and their mission of balance control, for the data mentioned:
(a) At 1° to 6° and at 8° of A of I;
(b) 1° of the B of the I;
(c) At 1° to 3° of B of II of the annex to this decree;
2° From the sub-direction of counter-interference and the zonal branches of the Directorate of Defence Protection and Security, within the framework of their investigation and search missions for violations of national security, for the data mentioned:
(a) At 1° to 8° of A du I;
(b) At 1° to 7° and at 11° of B of I;
(c) At 1° to 3°, at 6° and 7° and at 9° of the A du II;
(d) At 1°, at 3°, at 5° and 6°, at 8°, at 10° and 11°, at 15° and 16° of B of II;
(e) At 2° to 4° of III of the annex to this decree;
3° From the Veteran Health Observatory, as part of their mission of health watch for the benefit of the military, for the data mentioned:
(a) At 1° to 3° and at 6° and 7° of A du I;
(b) 3° of the A du II;
(c) At 8° and 11° of B of II,
to this Order. »
The above-mentioned decree of 21 November 2012 is amended as follows:
I. ― The second paragraph of Article 1 shall be replaced by a paragraph to read:
"The purpose of this treatment is the administrative, financial and operational management of the civilian personnel of the Ministry of Defence, the active and reserve military personnel of the General Directorate of Armament, the corps of the armed commissioners of special training "arming" and the general control of the armed forces. »
II. ― After the second of Article 3, it is inserted a 3° and a 4° as follows:
« 3° Duly authorized officers of the sub-direction of counter-interference and the zonal branches of the Directorate of Defence Protection and Security, as part of their investigative and search missions for violations of national security;
4° The duly authorized officers of the Veteran Health Observatory, as part of their health watch mission for the benefit of the military. »
III. ― After the 5° of the A of the I of the annex, it is inserted a 5° bis as follows:
"5° bis Identity photograph. »
The Minister of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on 15 November 2013.
Jean-Marc Ayrault
By the Prime Minister:
Minister of Defence,
Jean-Yves Le Drian
