Key Benefits:
The National Computer and Liberties Commission,
Seizure by the Minister of Agriculture, Agri-Food and Forest of a Request for Advice on a Project An order authorising the Ministry of Agriculture, Agri-Food and Forestry to implement automated processing of personal data enabling the implementation of procedures by means of a teleservice;
Given the Convention No. 108 of the Council of Europe for the protection of persons in respect of Automatic processing of personal data;
In view of Directive 95 /46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and The free movement of such data;
In view of the Law n ° 78-17 of 6 January 1978 as amended relating to computers, files and freedoms, in particular Article 27-II (4 °);
Seen Law n ° 2000-321 of 12 April 2000 on the rights of citizens in their relations with administrations;
Seen Law n ° 2013-1005 of November 12, 2013 empowering the Government to simplify the relationship between administration and citizens;
Seen Order n ° 2005-1516 of December 8, 2005 modified Relating to electronic exchanges between users and administrative authorities and between administrative authorities;
Seen Decree n ° 2005-1309 of 20 October 2005 Modified for the application of Act No. 78-17 of January 6, 1978 relating to computers, files and freedoms;
Seen decree N ° 2010-112 of 2 February 2010 taken for the application of 9, 10 and 12 of Order No. 2005-1516 of December 8, 2005 Electronic exchanges between users and administrative authorities and between administrative authorities;
Given the dossier and its supplements;
On the proposal by Mr Jean-François CARREZ, Commissioner, and after hearing the Comments by Mr. Jean-Alexandre SILVY, Government Commissioner,
Emet the following opinion:
The Act of 12 November 2013 referred to above authorised the Government to adopt by order legislative measures designed, in particular, to define the conditions of exercise A right to seize and respond to the administration by electronic means.
On this basis,Order No. 2014-1330 dated November 6, 2014 Concerning the right of users to refer to the administration By electronic means, which amends theOrder of December 8, 2005, above. Thus, the new Article 2 of the latter order provides that " Any user, if he or she has identified himself with an administrative authority, may send an application, declaration, document or information to the administrative authority by electronic means, or reply to it in the same way. This administrative authority shall be regularly seized and shall process the request, declaration, document or information without asking the user to confirm or repeat his or her sending in another form "
Thus developed a teleservice which will allow the registration and transmission of the dematerialised references of users to the competent services of the State.
Pursuant to Article 27-II (4 °) of the Act of 6 January 1978, as amended, the Committee has Was seized by the Minister of Agriculture, Agri-Food, and Forest of a request for an opinion on a draft order authorising the implementation of automated processing of personal data "
On the purposes and mode of operation of the processing operation:
Article 1 of the draft decree provides that the purpose of the processing is " The making available to users of various electronic forms information services. "
More specifically, this device will allow users to carry out dematerialized administrative procedures, without having to create Account or authenticate. The user will provide a deposit form, with the possibility of attaching supporting documents and forwarding them to the relevant services.
Once its approach has been validated, the user will receive an acknowledgment of registration of his/her application. Document in PDF format generated by the appliance and summarizing its request.
On the other hand, the competent department will receive an email with a link allowing it to download this PDF document for two months.
The Commission Notes in this respect that by " User " It is appropriate to hear the individual users, the professional users as well as the associations, the professional users representing the majority of users of this device.
As regards the articulation of the treatment envisaged with Other tele-services, such as treatment called " Electronic referral " (EVS) implemented by the Ministry of the Interior, it points out that these are complementary devices, which can be used by users in an undifferentiated way. The request of the user, whether formulated through the teleservice of the Ministry of the Interior or the Ministry of Agriculture, will be transmitted to the same e-mail address.
If the Commission takes note of these However, it notes the too general wording of the current wording of Article 1 of the draft decree. It recalls that, in accordance with the provisions of Article 6 (2 °) of the Act of 6 January 1978, a processing operation may relate only to personal data which are collected for specified, explicit and legitimate purposes and Are not subsequently treated in a way incompatible with those purposes.
It therefore takes note of the commitment of the Ministry of Agriculture to amend Article 1 of the draft decree in order to specifically mention the different purposes Continued by processing (request for information or file submission, The
points out that it has always considered that the simplification of administrative procedures and the improvement of the relations between the administration and the administration of the Administration is a legitimate purpose, provided that appropriate security measures are provided and that the rights of individuals are respected.
On processed data:
Article 2 of the draft decree lists the personal data collected.
These are data relating to the civil status (surname, given name, date and place of birth, address) and personal life (telephone, mailbox address Electronic, marital status, number of children, number and nature of animals held) and professional (vocational training, vocational training, participation in an agricultural society). Economic and financial data (income) and time stamp data will also be collected.
The Commission considers that the data are adequate, relevant and not excessive in relation to the purposes assigned to the processing
the case of professional users, if the use of the device requires the processing of personal data relating to officers or applicants, it recalls that the draft decree should be completed in Senses.
On data retention time:
Article 4 of the draft decree provides that data are kept two months after being registered by users. This duration corresponds to the length of time the instructor service will be able to download the document summarizing the user's request.
The Commission points out that, in accordance with provisions of Article 21 of the Law of 12 April 2000 referred to above, the two-month silence by the authority Administrative requests to the State and to national public institutions of an administrative nature,
The Commission considers that this retention period is in conformity with the provisions of Article 6 (5 °) of the law of 6 January 1978 as amended.
On the recipients of the data:
Article 3 of the draft decree provides that the recipients or categories of recipients entitled to receive the data recorded in the intended processing are the agents of the services of the State in central administration, in Region or in the departments and operators of the State under the supervision of the Ministry of Agriculture, competent to hear applications and administrative procedures under the services of the Ministry of Agriculture, by reason of their functions or for the purposes of The needs of the service and within the limits of their needs to know.
The The Committee considers that these addressees have a legitimate interest in the data collected.
On the rights of persons:
As regards the right of information, the Committee recalls that all the references provided for in Article 32-I of the The law of 6 January 1978 amended will have to be brought to the attention of the users. Furthermore, if all the data referred to in Article 2 are not all mandatory, users will have to be informed of the mandatory or optional nature of the data and the possible consequences of a failure to reply, in accordance with The aforementioned provisions of the law " Informatique et libertés ".
Article 5 of the draft decree provides that the rights of access and rectification provided for in Articles 39 and 40 of the law of 6 January 1978, as amended, shall be exercised directly with the Ministry of Agriculture.
The right of objection does not apply to the proposed treatment under section 38 of the amended Act of January 6, 1978.
On Security Architecture and Measures:
The Commission points out that, since the device is a teleservice, it must comply with the General Security Repository (RGS) provided for in the Decree n ° 2010-112 of 2 February 2010 Above.
For the Chair:
Associate Vice-President,
M.-F.
Mazars
