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Order Of November 4, 2014 Relative To The Terms Of Use By Trade Union Organizations Of Information And Communication Technologies In The Public Service Of The State

Original Language Title: Arrêté du 4 novembre 2014 relatif aux conditions générales d'utilisation par les organisations syndicales des technologies de l'information et de la communication dans la fonction publique de l'Etat

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JORF no.0256 of 5 November 2014
text No. 34



Decree of 4 November 2014 on general conditions of use by trade union organizations of information and communication technologies in the public service of the State

NOR: RDFF1410068A ELI: https://www.legifrance.gouv.fr/eli/arrete/2014/11/4/RDFF1410068A/jo/texte


Minister of Decentralization and Public Service,
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
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, including articles 3-1 and 3-2;
Considering the opinion of the Supreme Council of the Public Service of the State dated 11 June 2014,
Stop it!

  • Part I: GENERAL PROVISIONS Article 1 Learn more about this article...


    In services or groups of services subject to the provisions of the Decree of 28 May 1982, access to information and communication technologies by trade union organizations is authorized, pursuant to this Order, under the following conditions:
    1° In each department, by decision of the Minister after notice of the departmental technical committee;
    2° Within the inter-ministerial departmental branches, by decision of the Prime Minister after advice of the technical committee of the inter-ministerial departmental branches;
    3° Within public institutions and within independent administrative authorities, by decision of the Chief of Service after advice of the relevant technical committee.
    The decision of the Prime Minister, the Minister or the Chief of Service supplements the minimum conditions set out in this Order and defines the terms and conditions for the use of e-mail and pages accessible on the intranet site of a service or service group, including the terms and conditions of access of trade union organizations and the technical rules to preserve the freedom of choice of agents.

    Article 2 Learn more about this article...


    The information and communication technologies referred to in Article 1 shall consist of the provision of trade union organizations in a service or group of services considered to be of at least one e-mail address to the contact details of the trade union organization and of trade union information pages specifically reserved, accessible on the intranet site of a service or group of services determined according to the network's architecture.
    If there is a need for service or specific constraints related to the use of these technologies, all or part of these facilities may, in accordance witharticle 3-1 of the decree of 28 May 1982 referred to above, be reserved for representative trade union organizations within the meaning of Article 3 of the same decree.

    Article 3 Learn more about this article...


    The connection to the service's computer network is ensured, under the conditions specified by the decisions mentioned in section 1, from the computer equipment installed in the trade union premises.
    Subject to the fact that the level of IT security and the available equipment allows, these decisions may also authorize the connection of mobile equipment belonging to the administration and not being located in the service or service group, or the connection of private equipment to the service computer network.

    Article 4 Learn more about this article...


    Services or service groups referred to in section 1 shall be defined according to the network architecture, administrative structures or staffing of the personnel assigned to it.
    Each trade union organization authorized, pursuant to Article 2 or Article 6, to use e-mail or intranet site under the conditions provided for in this Order, shall, upon request, designate one or more referent interlocutors, assigned to the service or service group for which the e-mail or intranet site has been created.

    Article 5 Learn more about this article...


    The communication of union origin on the computer network of the service must be consistent with the requirements for the proper operation of the computer network and not hinder the performance of the service.
    Electronic exchanges between trade unions and trade unions are confidential.
    In accordance with the general rules of information system security, electronic messages from trade union organizations reach their recipients without blocking or reading by a third party.
    The administration does not seek the identification of agents who connect to trade union information pages accessible on the intranet site. It does not collect data for the purpose of measuring audience on these pages.

  • Part II: SPECIAL RULES IN ELECTORAL PERIOD Article 6 Learn more about this article...


    As from the date of closing of the nomination and no later than one month before the day of the election held for the renewal of a representative body of staff, and until the day before the election, any trade union organization whose nomination has been recognized as eligible for the election shall have access, in the services or service groups concerned by the election, to the same technologies and under the same conditions.
    When the connection cannot be provided under the conditions set out in Article 3, a space equipped with computer equipment, an intranet site connection and an access to e-mail is made available to the candidate trade union organizations that request it, within the service or group of services concerned.
    All provisions of this Order shall apply to trade union organizations referred to in the first paragraph.

  • Title III: USE OF ELECTRONIC MESSAGE Article 7 Learn more about this article...


    Each trade union organization authorized to access e-mail, pursuant to section 2 or section 6, may request the creation of an e-mail address within the service or group of services designated by one of the decisions referred to in section 1.
    The conditions for the provision of e-mail are defined according to the architecture of the network of the administration concerned as well as the technical and security requirements of the information system that may require the quota of consignments in number.
    The decisions referred to in Article 1 set the rules relating to the size of messages, their frequency and the number of authorized recipients per shipment. They indicate the frequency of data update. The sending of attachments from the trade union electronic messaging can be authorized within the limits set by these same decisions.

    Article 8 Learn more about this article...


    I. - At the request of the representative interlocutors of the trade union organizations authorized to benefit from the access to this service pursuant to section 2 or 6 and under the conditions set out in section 3-2 of the above-mentioned decree of 28 May 1982, the IT officer of the service or the service group considered creates one or more mailing lists composed of the addresses of professional courier services corresponding to the perimeter authorized by the Minister
    The personal data used to form the lists may be, in addition to the agent's nominative professional email address and the service within which they are assigned, the body to which they belong or, for personnel who are not civil servants, the category to which they fall.
    The administration communicates on its intranet site, where available, information relating to the availability of trade union organizations of one or more mailing lists. This information recalls that the freedom to accept or refuse an electronic union message must be able to exercise at any time.
    These mailing lists may not be used for any purpose other than the dissemination of information of trade union origin.
    The name of each mailing list identifies the user trade union organization and the scope of the list.
    Referential interlocutors or interlocutors may request the publication of a subscription address on an intranet page accessible to agents, allowing to receive messages of union origin.
    II. - The reference interlocutors or interlocutors designated in Article 4 shall manage the mailing list in accordance with the Act of 6 January 1978 referred to above.
    The freedom to accept or refuse an electronic union message must be exercised at any time. It is clearly and legibly recalled in each electronic message sent by the trade union organization.
    III. - The union origin of the shipment is mentioned in the object of each electronic message.
    The use of indictees for receipt and for reading is prohibited.
    When the administration has been able to make a mailing list management tool available to the trade union organizations, the lists must necessarily be used as part of the use of the lists referred to in I of this article.
    The terms and conditions for sending electronic messages guarantee, in any case, the anonymity of the other recipients of these messages.

  • Title IV : PUBLICATION SUR LE SITE INTRANET DU SERVICE Article 9 Learn more about this article...


    I. - Each trade union organization authorized to access the intranet site pursuant to section 2 or section 6 may request the provision of one or more pages of trade union information on the intranet site of the service or group of services designated by any of the decisions referred to in section 1, where such site exists.
    The insertion on these pages of hyperlinks to external trade union sites may be permitted under the conditions specified by the decisions referred to in Article 1.
    II. - Trade union information pages accessible on the intranet site of the service or group of services concerned may be used as a means of exchanges with and between agents who have access to this site under the conditions specified in the decision referred to in Article 1. In this case, one or more moderators are designated by the trade union organization.

  • Title V: TECHNICAL ASSISTANCE. - TRAINING. - RESPONSIBILITIES Article 10 Learn more about this article...


    The administration shall provide the officers designated by the trade union organizations authorized to access information and communication technologies pursuant to Article 2 or Article 6, with the necessary training for the use of these technologies and technical assistance, under the same conditions as any user, to ensure the proper use of these technologies within the service or service group concerned.
    The administration is not responsible for the technical reception problems that could be found when sending electronic union messages.

    Article 11 Learn more about this article...


    The terms and conditions for the closure of trade union e-mail or trade union information pages accessible on the intranet site are determined by the decisions referred to in Article 1.
    In the event of abnormal operation of the trade union e-mail or trade union information pages accessible on the intranet site that may significantly affect the proper functioning of the network, electronic messages or connection streams may be blocked by the information system administrator.

    Article 12 Learn more about this article...


    The information system administrator ensures the security and operation of the information system. The administration decides on monitoring mechanisms to be put in place to meet these objectives.
    Officers are informed of the monitoring devices and their purposes.
    Trade union organizations comply with the security policy of the information system, including compliance with the rules related to the protection of the integrity of the computer network.

    Article 13 Learn more about this article...


    The present order will be issued in the Official Journal of the French Republic.


Done on November 4, 2014.


Marylise Lebranchu


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