Key Benefits:
The public concerned: military personnel, civil servants, workers, contractors and pensioners who are entitled and who are responsible for the Ministry of Defence or the National Gendarmerie.
Purpose: Authorization of the automated processing of personal data called Piper.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the Order is to authorize the implementation of automated processing of nominal data for the management of retirement pension claims for staff under the Ministry of Defence and the preparation and monitoring of the liquidation of retirement pensions. It also allows the management of records of occupational accidents and diseases, post-professional medical surveillance.
References: This decree is available on the website Légifrance (http :// www. legifrance. gouv. en).
The Prime Minister,
On the report of the Minister of Defence,
Vu le Defence code ;
Vu le Civil and Military Pension Code ;
Vu le Code of Military Disability Pensions and War Victims ;
Vu le Social Security Code ;
Vu la Act No. 78-17 of 6 January 1978 modified on computers, files and freedoms;
Vu la Act No. 2010-1330 of 9 November 2010 amended to reform pensions;
Vu le Decree No. 2001-963 of 23 October 2001 amended on the asbestos victim compensation fund established by theArticle 53 of Act No. 2000-1257 of 23 December 2000 Social Security Funding for 2001;
Vu le Decree No. 2004-1056 of 5 October 2004 amended on the pension scheme of workers of state industrial establishments;
Vu la deliberation n° 2015-114 of the National Commission on Informatics and Freedoms dated 2 April 2015 ;
The State Council (Section of Administration) heard,
Decrete:
It is authorized to implement, by the Human Resources Directorate of the Ministry of Defence, an automated processing of personal data called "Pipper" (production of information on personnel under the Ministry of Defence).
This treatment concerns active civilian and military personnel, civil and military pensioners, their beneficiaries, whose records and requests mentioned in 1°, 2° and 3° below are managed by the Ministry of Defence.
The purpose of this treatment is to:
1° Administrative and financial management of civil and military pension records;
2° Management and monitoring of records of service accidents, occupational accidents and occupational diseases;
3° Management of post-professional medical surveillance requests for officers who have been exposed to occupational risk during the performance of their duties.
This processing cannot record personal data, including the nature of the data referred to in Article 8 I and the I of Article 27 of the Law of 6 January 1978 referred to aboveonly to the extent that their exploitation is necessary for the continuation of the above-mentioned purposes.
The categories of personal data and information recorded in the processing are listed in the Appendix to this Order.
I. - All or part of the personal data and information referred to in the Appendix to this Order 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 of the Department of Defense empowered by the administrative authority responsible for the administrative management, the instruction of pension records, the preparation, the monitoring and liquidation of pension pensions
II. - Information and personal data are also consigned to the record, because of their respective responsibilities and the need to know:
1° Agents or commission members authorized by the administrative authority responsible for the processing:
(a) From the Directorate of Legal Affairs and Local Litigation Services, to the needs of litigation processing;
(b) Staffs, branches and services, for human resources management and accounting for costs associated with accidents, diseases and post-professional medical supervision;
(c) From the Medical Advisory Board, in view of the opinions it must render on pension records;
(d) Social services of the Ministry of Defence and the National Gendarmerie, for pensioners' pension or disability assistance;
(e) Amicable board of appeal and annuity board, for the instruction of work or travel accident records and occupational disease records;
(f) Employer establishments, in the exercise of their responsibilities for service or work accidents and occupational diseases;
(g) From the asbestos compensation fund, for compensation for the damages suffered from exposure to asbestos;
(h) From the Guarantee Fund for Victims of Terrorism and Other Crimes, for the compensation of victims of terrorist acts;
2° Medical experts, for their mission of medical expertise in pension records, accountability for service and compensation for damages resulting from service, work or travel accidents and occupational diseases.
The personal information and data recorded in the processing shall be retained until the final termination of the rights of beneficiaries and beneficiaries. In the event of litigation, the time limit is extended, if any, until a court decision has been made final.
In accordance with the purposes defined in Article 1 and within the limits of the necessary information, this treatment may be subject to a relationship with the treatment(s) implemented by:
1° Human Resources Directorates of the Ministry of Defence and National Gendarmerie;
2° The Department of State Pensions of the Ministry of Public Finance;
3° The Caisse des dépôts et consignations;
4° The interregime pension fund.
Any automated processing operation authorized by this Order shall be registered including the identification of the user, the date, time and nature of the intervention in the said automated processing. This information is maintained for a period of five years.
The right of opposition provided forArticle 38 of the Act of 6 January 1978 referred to above does not apply to the treatment authorized by this Order.
The rights of access and rectification provided for in the articles 39 and 40 of the law of 6 January 1978 referred to above shall be exercised with the sub-director of the Human Resources Directorate of the Ministry of Defence.
The Minister of Defence is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Annex
LIST OF DATA TO PERSONAL FEATURES AND INFORMATION RELATED IN THE "PIPER" TRACKING
I. - Administrative management data for pension claims:
1° Registration number on the National Register for the Identification of Physical Persons;
2° Name and first name;
3° Sex;
4° Date and place of birth;
5° Nationality;
6° Home addresses and successive and current tax addresses;
7° Personal and professional (optional) emails;
8° Personal and professional telephone and fax numbers (optional);
9° Defence identifier and applicant ID;
10° Marital status or other union;
11° Date and place of eventual death;
12° Name, first name, date and place of birth, address and telephone number of spouses, guardians, children, entitled and other persons involved; mention, as appropriate, an adoption, a related relationship, the status or non-dependant status, the qualification of a disability or disability;
13° Military situation: situation with regard to national service, position under flags, assignment in reserve, link to service;
14° Professional life: statutes, contracts, administrative positions, periods of service, studies or non-activity; armed, body, grades, scales, ranks, categories, groups, assignments, occupied jobs, occupation or specialty, date and reason for termination of service; unhealthy work, exposure to risks, accidents, earnings of employment obligation (Yes/No);
15° Diplomas, patents, certificates, certificates, level of study and various skills, training, decorations, honorary distinctions;
16° Benefits from the early termination allowance for asbestos activity;
17° Nature, date, application number, origin, recipient of interim responses and requests for additional elements, following the application for pension;
18° File number.
II. - Financial pension management data:
1° Registration number on the National Register for the Identification of Physical Persons;
2° Compensation, salary and balance elements: indices, allowances, premiums, deductions, contributions;
3° Assignation of pension;
4° Date and title number, nature, rate, amounts, deductions, dates of liquidation and enjoyment, services, bonuses and elements of pension, allowances, rents and capital;
5° Benefit of the special increase for assistance of a third person;
6° Benefits from the early termination allowance for asbestos activity;
7° Cristalization and descriptalization of the pension;
8° Revenues of the rightful person, spouse or cause;
9° Bank details.
III. - Data related to the management of post-professional medical monitoring, service, work or travel accidents and occupational diseases:
1° Registration number on the National Register for the Identification of Physical Persons;
2° Health: pathologies, family history, care data;
3° Nature and seat of lesions or pathologies resulting from service or work accident, or occupational disease;
4° Temporary work disability, sequelae consolidation and disability rates;
5° Amplification of acts of everyday life with or without the help of a third person;
6° Medical experts;
7° Post-professional medical supervision examinations;
8° Medical advice;
9° Opinion of the reform committee;
10° Date, place and nature of the circumstances of events causing injury or death;
11° means of transport used in the event of a trip accident;
12° Imputability for work, service or travel accidents and occupational diseases;
13° Extrapatrimonial courts;
14° Recognition of the employer's inexcusable fault (Yes/No).
Done on June 18, 2015.
Manuel Valls
By the Prime Minister:
Minister of Defence,
Jean-Yves Le Drian
