Key Benefits:
Publics concerned: applicants and beneficiaries of the activity allowance and other members of their homes, and agents of social security agencies responsible for the management and payment of the activity premium.
Purpose: Creation of personal data processing for the implementation of the activity premium.
Entry into force: the text comes into force on the day after its publication.
Notice: The decree authorizes the creation of personal data processing for the management and payment of a new benefit called "activity premium". These treatments will be implemented by the National Fund for Family Allowances, Family Allowance Funds, the Central Fund for Agricultural Social Mutuality and the local funds for agricultural social mutuality. In addition, the decree updates various existing provisions affected by the creation of the activity premium.
References: the provisions of the Labour Code and the Code of Social Action and the families amended by this decree can be found on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs, Health and Women ' s Rights,
Considering the code of social action and families;
Considering the social security code, including articles L. 841-1 and L. 843-1;
Considering the labour code;
Having regard to Act No. 51-711 of 7 June 1951 amended on the obligation, coordination and secrecy of statistics, including Article 7 bis;
Having regard to Act No. 78-17 of 6 January 1978, as amended, relating to computing, files and freedoms, in particular its article 27;
Considering Order No. 2005-1516 of 8 December 2005 on electronic exchanges between users and administrative authorities and between administrative authorities;
In view of the amended Decree No. 2005-1309 of 20 October 2005 adopted for the application of Act No. 79-17 of 6 January 1978 on computers, files and freedoms;
Considering the opinion of the Central Fund of the Agricultural Social Mutuality of 21 October 2015;
Considering the advice of the Board of Directors of the National Family Allowance Fund dated 3 November 2015;
Considering the opinion of the National Commission on Informatics and Freedoms of 3 December 2015;
The State Council (Social Section) heard,
Decrete:
The National Family Allowance Fund and the Central Fund of the Agricultural Social Mutuality are authorized to create personal data treatments that they, as well as family allowances and funds of the agricultural social mutuality, implement for the management and payment of the social benefit referred to as the "activity premium" under Article L. 841-1 of the Social Security Code.
The purpose of these treatments is to implement the activity premium and, to this end, to allow:
1° Estimate of activity premium rights based on information provided by potential applicants in a simulator;
2° The calculation of the amount of the activity allowance and its payment through the collection, retention and control of the necessary information;
3° Individualized management of the relationship with applicants and beneficiaries and their information, by any means available to the agencies responsible for this mission;
4° The use of the information necessary for the monitoring and processing of friendly procedures, gracious remedies and contentious actions;
5° The use of information necessary to implement actions to prevent and combat misconduct, abuse and fraud;
6° The production of anonymous statistics for the evaluation, research and management of public policies in social matters;
7° Conduct of surveys for the development of statistics, studies and research on the activity premium.
The data used by the treatments referred to in Article 1 are:
1° Data relating to the applicant or recipient of the activity allowance and other members of the home:
(a) Their identification data:
- the registration number for the National Register for the Identification of Physical Persons (NIR) and the number or number previously assigned to it or, for persons in the process of assigning a registration number to the National Register for the Identification of Physical Persons, a waiting ID number (NIA);
- family names, name of use, first names;
- sex;
- the date and place of birth and, where applicable, the date of death;
- nationality;
- data to justify the identity and right to stay and information on the validity of the residence permit;
- for people born abroad, filiation data;
- for persons who have resided abroad, the date of entry to France;
- for applicants and beneficiaries of the equally allocataral activity premium of the family branch of the general plan, the number of allocataries;
(b) Information about their place of residence and contact information:
- the postal address of the applicant or beneficiary of the activity allowance, that of his spouse, concubine or partner bound by a civil solidarity pact if it is different and that of children and other members of the household;
- the date of installation of the applicant or beneficiary to the address mentioned in the first dash and the mode of occupation (ownership, rental, colocation, sub-location or others);
- the amount of rent, the refund of the real estate loan or the indication of the occupation of the accommodation free of charge;
- the applicant's e-mail address or beneficiary of the activity premium and telephone numbers;
(c) Information relating to the family situation of the applicant or beneficiary of the activity allowance and his/her spouse, concubine or partner bound by a civil solidarity pact on the date of the application and during the three months preceding the examination or revision of the right to the activity premium:
- the marital situation (married, concubine, partner bound by a civil pact of solidarity, single, separated, divorced, widowed/veuve) and its starting date;
- in the case of pregnancy in progress, pregnancy declaration and the date of the first prenatal examination;
- the number of children or other persons under the age of twenty-five dependent within the meaning of the 3rd of Article R. 842-3 of the Social Security Code and their dates of arrival and departure of the home;
(d) Information relating to the job situation of the applicant or beneficiary of the activity allowance, his/her spouse, concubine or partner bound by a civil solidarity pact and children and other members of the home on the date of the application and during the three months preceding the examination or revision of the right to the activity premium;
(e) Information relating to the resources of the applicant or beneficiary of the activity allowance, his or her spouse, concubine or partner bound by a civil solidarity pact and children and other dependants composing the home as provided by articles R. 844-1 to R. 845-3 of the Social Security Code, including:
- the professional incomes and those that take place mentioned in article R. 844-1 of the Social Security Code, including information relating to the professional income of non-salarie persons referred to in articles R. 845-1, R. 845-2 and R. 845-3 of the same Code;
- the replacement income referred to in R. 844-2;
- the lump-sum assessment of benefits in kind referred to in Article R. 844-3;
- the social assistance and benefits mentioned in the 4th of Article L. 842-4 as well as in articles R. 844-4 and R. 844-5;
- other income subject to income tax referred to in 5th of Article L. 842-4;
(f) Other information necessary for the instruction of the claim for an activity allowance and its payment:
- the applicant's bank identification data;
- the social security regime(s) of the applicant or beneficiary of the activity allowance, his or her spouse, concubine or partner bound by a civil solidarity pact and children or other dependants constituting the home;
- in case of hospitalization of the applicant or recipient, date of commencement and date of end of hospitalization;
- in the event of the detention of the applicant or beneficiary or his spouse, concubin or partner bound by a civil solidarity pact, the date of commencement and, where applicable, the termination of detention;
- where applicable, data to justify the refugee or stateless situation;
- in case of stay outside France, date of entry and exit of the territory;
2° Data relating to the management and monitoring of the activity premium, including information on the existence of a friendly or contentious remedy;
3°The traceability data relating to access to treatments referred to in Article 1 of the agents of the agencies responsible for serving the activity premium.
The data used by the treatments referred to in Article 1 are derived from the nominative social declaration created by Article L. 133-5-3 of the Social Security Code, where they are included, or from the relevant information transmitted by the General Directorate of Public Finance and by any social protection agency holding them to the organizations obligors of the activity premium as well as information provided by the applicant or beneficiary of the activity premium.
In accordance with section R. 846-1 of the Social Security Code, applicants and recipients of the Activity Premium provide the information necessary to review their situation by using the teleservice provided for this purpose or, failing that, upon their request, by submitting the form provided for this purpose to the agency responsible for serving the activity premium.
The data referred to in section 2, within the limits of their need to know, are available to officers of the National Fund for Family Allowances, Family Allowances and the Central Fund and the organizations of the Agricultural Social Mutuality, whose activities warrant it in relation to the missions of the organization to which they report, individually designated and duly authorized by the director of their organization.
Under the conditions set out in section 7 bis of the above-mentioned Act of 7 June 1951, the statistical services of the Ministry of Employment, the Ministry of Social Action and the Ministry of Social Security shall be provided with the data referred to in section 2, with the exception of the names, names and date of birth of persons, the bank identification data of the applicant and the data of filiation.
The data referred to in section 2 shall be retained for a maximum period of six years after the year of the application for an activity premium or the end of the relationship with the beneficiary of the premium, or until a final decision is made in the event of litigation.
The identification data of the agents who have accessed the processing data are retained for a maximum period of one year after their connection to the processing.
In order to meet the finality elements mentioned in 6° and 7° of Article 1st, the data can be retained, linked to anonymity number, in a separate logical environment, distinct from the processing, allowing the management of the activity premium.
In accordance with the provisions of Article 32 of the Act of 6 January 1978 as amended above, the persons to whom the data referred to in Article 2 relate are informed by any means appropriate to the purpose pursued by the processing, the identity of the person responsible and the categories of data recipients.
The persons to whom the data referred to in Article 2 relate are informed of the procedures for the exercise of their rights of access and rectification of the data relating to them, as provided for in sections 39 and 40 of the Act of 6 January 1978 referred to above, by means of information on the respective websites of the National Fund for Family Allowances and the Agricultural Social Mutuality, as well as on the form and teleservice for the application of an activity allowance.
Applicants and recipients of the activity allowance may exercise their rights of access and rectification of data, as provided for in sections 39 and 40 of the Act of January 6, 1978, as amended, to the Director of the agency responsible for serving the activity premium to which they are attached.
Agents of the agencies responsible for serving the activity allowance are informed of the terms and conditions for exercising their right of access to data concerning them by their employer.
The right of opposition provided for in section 38 of the Act of 6 January 1978 as amended above does not apply to the treatments authorized by section 1 of this Order.
Pursuant to the provisions of Article 26 of the Act of 6 January 1978 as amended above, the person responsible for each of the authorised data processing on the basis of this decree shall address to the National Commission of Computer Science and Freedoms, prior to its implementation, a commitment to comply with the provisions of this decree in the conditions set out in Article 8 of the above-mentioned Decree of 20 October 2005.
The code of social action and families is thus modified:
1° Section R. 262-102 is amended as follows:
(a) In the first paragraph, after the words: "Instructors of Active Solidarity Income", the words are inserted: "and Instructors of the Activity Premium";
(b) At 1°, after the words: "active solidarity income", are inserted the words: "and activity premium";
2° Section R. 262-103 is amended as follows:
(a) In the B of I, after the words: "active solidarity income", are inserted the words: "and activity premium";
(b) In II, after the words: "the agencies responsible for the active solidarity income service" are inserted the words: "and the agencies responsible for the activity premium service";
3° In article R. 262-104-1, after the words: "service instructor of active solidarity income", are inserted the words: "or activity premium" and after the words: "the demand for active solidarity income", are inserted the words: "or activity premium";
4° In the III of Article R. 262-106, after the words: "the agencies responsible for the active solidarity income service" are inserted the words: "the ones responsible for the service of the activity premium";
5° In the second paragraph of Article R. 262-107, after the words: "active solidarity income", the words "or activity premium" are inserted;
6° Au a du 1° de l'article R. 262-108, après les mots : « demande de revenu de solidarité active », sont inserted les mots : « ou de prime d'activité » ;
7° The words: "national cross-plant sample of social minima allocataries" are replaced by the words: "national cross-plant sample of allocatary supplements of activity income and social minima income" in the title of sub-section 5 of chapter II, section 6 of Book II, and in articles R. 262-119 and R. 262-121;
8° In R. 262-117, the eagle: "ENIAMS" is replaced by the eagle: "ENIACRAMS" and, after the words: "social minima recipients" are inserted the words: "and supplements of activity income";
9° Section R. 262-118 is replaced by the following provisions:
"Art. R. 262-118.-The interregistered national sample of allacataries of income supplements of activity and social minima is made up of persons who are or have been beneficiaries on a personal or family basis, of one of the following benefits: minimum income of insertion, lump sum, allowance for adults with disabilities, specific solidarity allowance, allocation of single parent, active solidarity income, activity allowance.
"The order referred to in R. 262-120 specifies the sampling criteria. »
The working code is thus modified:
1° In R. 5312-32, after the words: "beneficiaries of active solidarity income" are inserted the words: ", of the activity premium";
2° At the 4th of the article R. 5312-33, after the words: "the active solidarity income", are inserted the words: "and the activity premium";
3° In article R. 5312-34, after the words: "to the active solidarity income", the words "to the activity premium".
The Minister of Social Affairs, Health and Women's Rights and the Minister of Economy, Industry and Digital Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
Done on December 29, 2015.
Manuel Valls
By the Prime Minister:
Minister of Social Affairs, Health and Women ' s Rights,
Marisol Touraine
Minister of Economy, Industry and Digital,
Emmanuel Macron
