Key Benefits:
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: modification of the automated processing of personal data of the national gendarmerie called "Agorha".
Entry into force: the text comes into force on the day after its publication.
Notice: The main purpose of this decree is to collect, record and maintain information on the management of the working time of civilian personnel assigned to the general management of the National Gendarmerie and the training of the National Gendarmerie. It also provides a link with automated treatments implemented by the Ministry of Interior and the Ministry of Defence.
References: the provisions of 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 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 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;
Vu la Act No. 83-634 of 13 July 1983 rights and obligations of civil servants, together with Act No. 84-16 of 11 January 1984 bringing statutory provisions relating to the public service of the State;
Vu la Act No. 2009-971 of 3 August 2009 relating to the national gendarmerie, including articles 19 and 20;
Vu le Decree No. 2000-815 of 25 August 2000 relating to the development and reduction of working time in the public service of the State;
Vu le 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;
Considering the referral of the National Commission on Informatics and Freedoms dated 1 October 2013;
The State Council (Section of Administration) heard,
Decrete:
The above-mentioned decree of 19 July 2012 is amended in accordance with articles 2 to 6 of this decree.
Section 1 is amended as follows:
1° At 3°, after the words "other affected armed forces" are inserted the words "to the general direction of the national gendarmerie and";
2° It is added a 4° as follows:
« 4° The management of the working time of civilian personnel assigned to the general management of the national gendarmerie and to the training of the national gendarmerie. »
After the 3rd of the II of Article 3, it is added a 4th and 5th as follows:
« 4° Department of Internal Affairs departments responsible for administrative management and the management of staff pay;
« 5° From the Veteran Health Observatory of the Ministry of Defence, as part of its health watch mission for the benefit of the military. »
In article 4, it is added a paragraph as follows:
“Without prejudice to the provisions of the second paragraph of this article, personal data and recorded information relating to the management of the working time of civilian personnel shall be retained for a maximum of five years. »
Section 5 is amended as follows:
1° The b of 2° of Article 5 is replaced by a b as follows:
“(b) At the National Printer, for the establishment of individual professional cards. » ;
2° After the 2° of Article 5, it is added a 3° as follows:
« 3° Human resources treatments of the Ministry of Interior. »
The Schedule to this Order is amended as follows:
1° After the 18° of the D of II, it is added a 19° as follows:
"19° Availability (reservists only). » ;
2° After the H of II, it is created an I as follows:
"I. ― Time of work of the civilian personnel of the gendarmerie
« 1° Monthly rolling plan or work cycle;
« 2° Activity rate;
« 3° Time schedule;
« 4° Discharges of service activity or special hardships eligible for delegation hours or special leave;
« 5° Daily monitoring of actual working hours;
« 6° Astreintes, permanences, interventions ;
« 7° Follow-up of leave and leave requests. »
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.
Done on 11 February 2014.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of the Interior,
Manuel Valls
Minister of Defence,
Jean-Yves Le Drian
