Key Benefits:
The National Computer and Liberties Commission,
Seizure by the Minister of Defence of a request for an opinion on a draft order to amend Decree n ° 2010-282 of 16 March 2010 authorising the implementation, by the National Military Social Security Fund, of automated processing of personal data Called " Free medical care " ;
Having regard to Convention 108 of the Council of Europe for the protection of persons with regard to the automatic processing of personal data;
Having regard to Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the Protection of natural persons with regard to the processing of personal data and the free movement of such data;
In view of the pension code Military disability and war victims, Sections L. 115, L. 128 and R. 102-1;
Given the Defence Code, including article R. 3232-6;
Seen book of tax procedures, including its article L. 97;
Given the social security code, including articles L. 713-19 to L. 713-21 and D. 713-7;
Vu Law n ° 49-489 of 12 April 1949 extending to members of the social security benefit;
Seen Law n ° 68-1250 of 31 December 1968 on the prescription of claims on the state, departments, municipalities and public institutions;
Seen Law n ° 78-17 of January 6, 1978 Computers, files and freedoms, in particular Articles 8 and 27-1;
Seen Decree No. 2005-1309 of 20 October 2005 modified for the application of Law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms;
Seen decrees n ° 59-328 of February 20, 1959 Free of charge provided for inArticle L. 115 of the Code of Military Pensions and Victims of War, No. 2009-1755 of 30 December 2009 amending the regulatory part of the Code of Military Invalidity and Victims of War and No. 2010-282 of 16 March 2010 authorizing the implementation, by the National Military Social Security Fund, Automatic processing of personal data referred to as " Free medical care;
Due to the deliberations of CNIL n ° 2009-689 of 10 December 2009 authorising the implementation by the National Military Social Security Fund of the processing of personal data for the purpose of Management of military pensioners receiving medical care and free equipment, No. 2009-690 of 10 December 2009 authorising the implementation by the Military National Social Security Fund of a processing of data of a character Staff whose purpose is to liquidated medical care and free equipment For military pensioners and n ° 2010-009 of 28 January 2010 concerning the draft decree authorising the implementation by the National Military Social Security Fund of the processing of personal data referred to as " Free medical care;
Having regard to the file and its supplements;
On the proposal of Mr Alexandre Linden, Commissioner, and after Heard the comments of Mr. Jean-Alexandre Silvy, Commissioner of the Government,
Emet the following opinion:
The committee was seized on 10 August 2015 for the opinion of the Minister for the Defence of a draft decree amending the Decree n ° 2010-282 of 16 March 2010 authorising the placing of the By the National Military Social Security Fund for automated processing of personal data referred to as " Free medical care ".
Article 3 of Decree n ° 2010-282 of 16 March 2010 lists the recipients of the information and data Registered personal character, according to their respective responsibilities and the need to know.
However, the procedures for recourse against third parties responsible for accidents causing the payment or the taking of benefits Medical care for the victims revealed the Requirement, for the service of the police station to the Ministry of Defence, and for the legal affairs of the General Secretariat, to obtain the statements relating to the care expenses that the credit union may have incurred, or that it could Commit, as a result of these accidents.
Thus, the Minister of Defence referred the matter to the Commission for an extension of the scope of the recipients of this treatment in order to add the service of the police station and the management of the Legal affairs.
The Committee takes note of the fact that the request for enlargement Of the addressees concerned only the agents entitled to that effect in each of these two structures, for the data referred to in 2 ° of Article 2 of Decree n ° 2010-282 of 16 March 2010, with the exception of g and k.
The Committee notes that the legal framework Applicable to this processing will be unchanged from its previous deallocation n ° 2010-009 of January 28, 2010.
As a result, it believes that these two new recipients do not call a specific case.
For the Chair:
Vice-President Delegate,
M.-F.
Mazars
