Key Benefits:
Minister of Defence,
Considering the decision of 4 November 2014 on the general conditions of use by trade union organizations of information and communication technologies in the public service of the State;
Considering the amended ministerial instruction of 2 May 2008 relating to the exercise of the right to organize in the Ministry of Defence;
Considering the code of conduct for the use of users of the sensitive intranet defense;
In view of the ministerial instruction No. 2003 DEF/SIC dated 20 November 2008 on the code of good use of information and communication systems of the Ministry of Defence;
Based on the advice of the ministerial technical committee dated 13 November 2014,
Decides:
The purpose of this decision is to set out the principles and terms of access of the trade union organizations of the Ministry of Defence to information and communication technologies (ICT).
Scope of application.
These provisions involve formed trade union organizations at the ministerial level within the Ministry of Defence.
The dissemination of information of a trade union character through the Department's e-mail and the publication of information of a trade union character on a site accessible through the Ministry's internal computer network, called "Intradef", does not replace the rights to display and distribute documents of trade union origin provided by the ministerial instruction on the exercise of the right to trade in the Ministry of Defence.
For the implementation of the provisions of this decision, a departmental trade union information repository is designated by each trade union organization. Its responsibilities are listed in Appendix 1.
Subject to technical possibilities, administrative institutions under the supervision of the Ministry of Defence may, after the advice of their technical committee, enforce this mutatis mutandis decision. In this case, technical support must be provided by the public institution.
Functional union mailing addresses on the Intradef.
Attribution of functional trade union email addresses on the Intradef.
Each trade union organization may request the administration to create one or more functional trade union email addresses on the Intradef.
The person responsible for the functional trade union messaging address makes the written request to the SIC correspondent of his/her organization.
At the time of application, the trade union organization shall designate one or more agents who may use the trade union messaging within the service or service group. One of them is designated as responsible for the functional trade union messaging address for updating its members.
The name of these addresses must explicitly indicate the name of the trade union organization. The structure must be as follows: entity.function.fct@intradef.gouv.fr.
It must comply with the damage rules in force within the Department of Defence (Appendix 2).
Terms of use.
Messaging is essentially a means of exchange of information between trade union representatives (interlocutors of the various levels of administration, members of the governing bodies, elected representatives or designated in the consultation bodies). It allows them to interact with each other within the Ministry of Defence, to the extent of the technical interconnection possibilities offered by its computer networks.
Messaging can also be used by trade unions formed from one or more organizations to communicate, individually, with agents of these organizations.
Trade union organizations with a common or distinct union location access their functional trade union address from this trade union centre.
Departmental union federation officials, appointed to the administration, can access their functional trade union address from a mobile workstation.
Only functional trade union email addresses can be used for the issuance of trade union content messages. They must only be used for this purpose. They do not substitute for the names of trade union officials.
The functional trade union mailing address can be used for interaction with all staff in the organization in an individualized manner, but it can also be done through pre-established mailing lists (see art. 2.4).
These local union representatives, responsible for functional trade union messaging, are organized according to the structure of their membership union organization.
The rules for sending electronic messages are set out in Appendix 3.
The insertion of links to information published on the Intradef union site must be preferred.
Nature of electronic messages.
The electronic message is composed of an object, text and possibly attachments.
The union origin must appear clearly in the object of each message before the opening of the message.
The use of indictees for receipt and for reading is prohibited. No answer to the list.
The guarantee of anonymity of the recipients must be ensured by the person responsible for the functional trade union address, as follows: when sending a message, it must position the recipients in the "hidden copy" field (or "CI").
The messages sent must conform to the purpose of the trade union organization.
Trade union organizations cannot use messaging to send motions to the administration.
However, they may refer to the administration, via e-mail, of any questions, to the director or his representative.
The administration may use this means to correspond, through functional or nominative trade union addresses, with trade union organizations, in particular to send circulars or summonses to meetings other than those of statutory bodies, or any other message whose authentication (1) and non-repudiation (2) are not mandatory requirements.
Dissemination lists on the Intradef.
Creation of mailing lists.
Trade union organizations have access to the agent's professional addresses via the ministry directory, @nnudef.
A list of professional names of agents is provided by the administration, twice a year, to trade union organizations.
Each person in charge of a functional trade union address may create one or more mailing lists for the sending of information to the nominative professional addresses of agents assigned to the services or service groups for which the functional trade union address has been created.
Management of mailing lists.
The mailing lists are created and managed by functional trade union email addresses.
Agents may unsubscribe from a mailing list with a trade union organization. The freedom to accept or refuse an electronic union message must be exercised at any time. It is clearly and legibly recalled in each message by the issuing trade union organization.
The manager of the functional trade union messaging address updates the list of oppositions to receive trade union information by email. Data relating to persons exercising their right of opposition must be retained by the person responsible for the functional trade union address.
The mailing lists of the agent's nameable professional addresses cannot be used for other reasons than the provision of information of a trade union nature.
Accommodation of Intradef union sites.
Terms of use.
To the extent of its technical capabilities, the administration undertakes to make available to the ministerial trade union federation, a dedicated publication space on the Intradef and the means to publish and manage its dedicated space.
The opening of this dedicated space is carried out on explicit request by the head of the ministerial union federation (general secretary, president...). At the time of application, the head of the ministerial trade union federation shall designate one or more officers to be the directors of the union. One of them is designated publication director of the Intradef union site.
The request is made with the Paris Central Administration Support Service (SPAC), which supports all ministerial union federations.
Trade union organizations can update and consult their trade union sites from the work stations available from their trade union premises, connected to the Intradef network.
Departmental union federation officials, appointed to the administration, have access to the Intradef from a mobile workstation.
Intradef union sites allow the provision of trade union information to all staff under the responsibility of the ministerial trade union federation.
The union federation freely designates its contributors to the Intradef union site.
The content of the Intradef union site, as visible by the intranaut, must be communicated by the site's union administrator(s) to the administration (DRH-MD/RSSF.1) at the same time by analogy to the provisions set out in Chapter 3 of the ministerial instruction relating to the exercise of the right to trade union.
The administration is committed to informing each trade union organization of the level of service offered, including the allocated disk space, the level of service quality retained and the time limits for intervention and assistance.
Hypertext links can be allowed to trade union websites. However, only agents with internet access on their workstation can access it.
Content of trade union communication.
Trade union communication on the department's computer network or its agencies must be in relation to the subject matter of the union and should not clearly contravene the legislative provisions relating to defamation and public insults. It must be compatible with the operating requirements of the computer network and not hinder the performance of the service.
The union federation undertakes to limit the publication on its Intradef union site to the only trade union information. Each ministerial federation is responsible for the development and updating of the pages of its Intradef union site.
The contents of the Intradef union site of the ministerial trade union federation cannot engage the civil or criminal responsibility of the Ministry of Defence.
Staff representatives may only distribute within the services the documents of the administration they are aware of within their mandates. Any dissemination is carried out within the legal limits relating to access to administrative documents.
The ministerial trade union federations may report, on their Intradef trade union sites, notifications made in the consultation bodies within the limits mentioned above.
Discussion Forum - blog.
The Intradef can serve as a support for interactive exchanges between departmental staff and trade union organizations via the Intradef trade union sites. In this case, one or more moderators are designated by the ministerial trade union federation.
The trade union organization undertakes to carry out an a priori moderation of the discussion forum(s) and/or blogs it is responsible for.
Access of trade union organizations to the internet.
Trade union organizations have access to the internet network from their union premises located in the ministry buildings under the same conditions as the agents stationed within the organization.
Access to the internet network must comply with the provisions in force within the department.
The electoral context.
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 consultation proceeding, and until the day before the election, any trade union organization whose nomination has been recognized as eligible for the election has access to the same technologies, under conditions specified in Article 1 of this decision.
During this period, ministerial trade union federations admitted to nominating candidates may request the on-line publication of trade union information, subject to compliance with the commitments set out in this decision.
This trade union information will be posted on a space dedicated to professional elections.
When the connection cannot be considered in a trade union room, an office equipped with an Intradef connection and access to e-mail is made available to the candidate trade union organizations who request it, within the organization concerned, within ten working days.
As part of the electoral campaign, the administration (HR-MD/RSSF) may authorize the electronic sending of professions of faith by the candidate trade union organizations.
Provision of equipment, technical assistance and training.
Provision of equipment.
The equipment of trade union premises in hardware and computer software is carried out by the organizations in which these premises are located. Maintenance of posts and supplies is provided exclusively by the administration or service providers mandated by it alone.
The trade union organizations of the same organization with access to a clean premises all benefit from the same pace of equipment (materials, software, network infrastructure...). Those with a shared space benefit from collective equipment.
The computer stations made available to trade union representatives in the premises that are assigned to them within the defence institutions must allow them access to all the information pages published on the Intradef and on the sites they federate as well as to all the services offered: messaging, directory...
The equipment available must be of the same type and as efficient as that commonly used in the organism or right-of-way where the trade union premises are located.
Requests for support from trade union organizations are managed by the employment chains of organizations. The support of the ministerial trade union federations is provided by the Paris support service of the central administration.
Trade union organizations undertake not to use the means available to them for foreign purposes to their object or for profit purposes.
Technical assistance.
The administration provides trade union organizations with technical assistance, under the same conditions and within the same time frames as any user of information and communication technologies within the Department of Defence services.
The application is made with the agency's SIC correspondent who provides support to the union local.
The administration is not responsible for the technical reception problems that could be found when sending electronic union messages.
Training.
Trade union representatives called to participate in the development of the pages of the Intradef union sites can receive appropriate training. This is organized by the administration as part of the ongoing professional training.
Trade union organizations can also organize, on their initiative, further training activities that allow the granting of trade union training leave under the regulatory provisions.
Visioconference.
When the attachment body is equipped with a videoconferencing system, the administration may make it available to trade union organizations to hold statutory meetings or information.
The trade union organization must reserve videoconferencing rooms according to the procedures in place within the organizations.
The administration is not required to equip its bodies with a videoconferencing system or to adapt them to the specific needs of trade union organizations.
Collaborative workspaces.
Secure collaborative work spaces can be established by the administration for the provision of information to trade union organizations, including members of the consultation bodies or participants in a negotiation.
Access to workspaces is reserved for members duly identified for this purpose, who have a user account and a personal password.
If the administration uses these collaborative spaces to file documents related to the consultation bodies, the formal procedural rules, particularly with regard to the deadlines for the convening and making available documents, must be respected.
Any provision must be made to allow union representatives to print the documents necessary for the exercise of their mandate, without prejudice to the provisions of Decree No. 82-447 of 28 May 1982 relating to the exercise of the right to trade in the public service.
Commitments of trade union organizations.
Trade union organizations, as part of the good use of information systems of the Ministry of Defence and Common Services of the Intradef, undertake to:
- respect the security policy of the information systems of the Ministry of Defence and the Intradef;
- respect all safety rules applicable to systems;
- not connect private computers (or provided by their organization) to the computer network of the Ministry of Defence;
- not connect private removable media (or provided by their organization) to the computer network of the Ministry of Defence;
- ensure the confidentiality of the password(s) that are communicated to them;
- to disseminate only information and data of general interest of a trade union character whose content should not include injure or defamation, in accordance with the legislative and regulatory provisions, and not to address a person in charge of the mode of inquiry or by broadcasting the equivalent of "open letters";
- respect the obligation of confidentiality with respect to the documents and information that trade union organizations are required to know as part of their participation in individual proceedings;
- to manage the mailing lists in accordance with existing legislation relating to information and freedoms;
- respect the technical standards of the department and the code of good conduct for the use of the users of the Intradef.
Administration commitments.
The administration undertakes to:
- respect the confidentiality of electronic exchanges between agents and trade unions that are confidential and protected by the provisions applicable to the confidentiality of communications correspondence.
In compliance with the general rules of security, e-mails from trade union organizations reach their recipients without blocking or reading, within the limits of the security arrangements implemented within the department;
- not exercise a priori control over the content of messages from or to functional union addresses or the authors of such messages;
- not exercise control over the contents of the distribution lists used by trade union organizations;
- only to ensure and ensure the safety and normal functioning of the information system or to ensure that no improper use of the information system is committed.
Trade union organizations are informed of the arrangements and their purposes under the general rules for the implementation of personal data processing;
- not to search for the identification of agents that access to the Intradef union sites. The administration does not collect data for audience measurement purposes on the pages of the Intradef union sites.
Conservative measures.
In the event of general dissemination or automatic sending, creating a significant obstacle to the performance of the work, messages or streams may be blocked by the computer network administrator who informs the HR-MD/RSSF.
In the event of non-compliance with the rules set out in this decision, the head of agency shall inform the trade union data repository. After warning, the administration (HR-MD/RSSF) may withdraw or make it impossible.
After warning, the administration (DRH-MD/RSSF) may decide on the closure of the Intradef union site of the trade union organization in question, the closure of the functional trade union email address, as well as the closure of the Internet access, for a period to be determined. The administration will have to communicate the reasons for this decision.
Entry into force.
This decision supersedes and supersedes the ministerial charter on the use of information and communication technologies by trade union organizations on 1 October 2003.
This decision will be published in the Official Journal of the French Republic.
ANNEXES
Annex 1
LEX
Trade union information standards:
Each trade union organization designates a trade union data repository at the ministerial level. It provides the interface with the administration for all questions related to the use of information and communication technologies.
Head of the functional trade union email address:
The union organization must designate a person responsible for each functional union address created.
The person responsible for the functional trade union messaging address creates and updates the recipient lists in accordance with the procedure described in this decision.
Publication director of the Intradef union site:
It is designated by the head of the ministerial union federation (general secretary, president...).
He is responsible for the Intradef union site of his membership union organization.
Moderator(s) of the discussion forum:
It is designated by the head of the ministerial union federation (general secretary, president...).
It is responsible for the discussion forum(s) and/or blogs of its membership union organization.
Annex 2
REFERENCE TEXTS
Judgment of 26 July 2013 establishing by the Ministry of Defence an automated processing of personal data relating to the management of traces generated by the use of computer means.
DCSIC Directive No. 13/DEF/DGSIC dated June 30, 2010 on the security of Internet services and the security of Internet services hosting of the ministry.
DIRISI/SCOE Directive 53 "Management of functional addresses and mailing list in the Annudef" of 28/08/2013.
Directive No. D-12-005368/DEF/EMA/CPI/SIA/NP of 12 June 2012 for the naming of directories.
Annex 3
REFERENCE OF ELECTRONIC MESSAGES
The volume of an electronic message (shipping and attachments) must not exceed 10 MB.
The maximum number of authorized recipients per shipment is 5,000 individual addresses.
Done on 11 December 2014.
Jean-Yves Le Drian
