Decree Of 6 November 2001 Establishing An Automated Processing Of Personal Data Relating To The Remuneration Of Active Military Personnel From The Air Force And Reserve

Original Language Title: Decree of 6 November 2001 establishing an automated processing of personal data relating to the remuneration of active military personnel from the air force and reservists

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JORF No. 1 of January 1, 2002 Page 56
Text No. 46


ARRETE
Order of 6 November 2001 for the creation of an automated processing of personal information relating to the remuneration of military personnel in the air force and reservists

NOR: DEFL0102437A ELI: http://www.legifrance.gouv.fr/eli/arrete/2001/11/6/DEFL0102437A/jo/texte


The Minister of Defence,
In view of the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, Made in Strasbourg on 28 January 1981, approved by Law No. 82-890 of 19 October 1982, entered into force on 1 October 1985 and published by Decree No. 85-1203 of 15 November 1985;
In view of the law n ° 78-17 of 6 January 1978 relating to Computers, files and freedoms, and in particular Article 15;
In view of Decree No. 78-774 of 17 July 1978 amended for the application of Chapters I to IV and VII of the Law n ° 78-17 of 6 January 1978 relating to computers, Files and freedoms, and in particular Articles 12 and 19;
In view of Decree No. 91-1404 of 27 December 1991 authorising the use of the national directory for the identification of natural persons by employers in automated processing Payroll and personnel management;
In light of the amended Order of June 9, 1997 with delegated signing authority;
Due to the letter from the National Commission on Informatics and Freedoms dated March 26, 2001, number 745409;
Stops:

Item 1


It is created at the Ministry of Defence, at the Central Directorate of the Air Commission, an automated processing operation. Name 'pay accounting system', implemented by the computer service of the air station and whose purposes are the calculation, payment and payment of remuneration of military personnel in the field of Air Force and Reserve Force.

Item 2


Registered information categories are relative to:
-to Identity (names, names, sex, date and place of birth, address, air identification number);
-the national identification number for individuals;
-marital status (marital status, Spouse's given name, date of birth of spouse, occupation, place of work of spouse, children [name, first name, sex, date of birth], affiliation with the old-age insurance of employed persons for spouses in the home);
-to life Professional (rank and date of appointment, statutory body, assignment unit, date of entry into service, statutory position, position on strength, quota, step and date of graduation, area of residence, territory of assignment, or Detachment, indices [increased, specialty]);
-housing (current year's rent, expenses, number of dependants, contribution to rent and expense expenses);
-economic and financial situation (elements of Remuneration, allowances, deductions and miscellaneous allowances, contributions, taxable income of the previous year, income of the spouse, quality of the tenant, bank, postal or savings bank references).
Except legislative provisions Contrary, the registered information so recorded shall be stored on magnetic media until the departure of the members of the military or the rupture of the member's link with the managing body, with the exception of information concerning The history of rights and payments that are retained for five years.
The information necessary for the calculation of pension rights may be retained for the purpose of reconstructing the career until the pension is wound up.

Article 3


The recipients of the recorded information are, according to their respective responsibilities and the need to know :
-the central direction of the air station;
-the headquarters and the central directorates;
-the financial affairs directorate of the general secretariat for administration;
-the central direction of the health department of the Armies;
-the general direction of the national gendarmerie;
-the computer service of the air station;
-the administrative service of the air station;
-the hierarchical and administrative authorities for the Personnel under their authority;
-air base accounting and finance services;
-the air commission's pay and pensions service;
-the pension service;
-the service of the Army pensions;
-family allowances, social security and mutual funds;
-the National Insurance Fund for employees;
-the National Public Service Provident Fund;
-the authority that receives the income tax return as part of the social and fiscal data transfer procedure;
-the social observatory of the defence;
-the banking and financial institutions holding the accounts Staff of the agents involved in the processing;
-the general paymaster of Paris;
-the members of the inspection bodies.
Registration number information in the national directory for identifying individuals Only for the operations referred to in Article 1 of the Decree of 27 December 1991 referred to above.

Article 4


The right of opposition provided for in Article 26 of the aforementioned Law of January 6, 1978, cannot be invoked as part of this treatment.

Article 5


The right of access and rectification under Article 34 et seq. Of the aforementioned Law of 6 January 1978 shall be exercised with the central management of the Air Commission, 26 Victor Boulevard, 00460 Armées.

Item 6


The Central Director of the Air Station is responsible for The execution of this Order, which shall be published in the Official Journal of the French Republic.


Done at Paris, November 6, 2001.


For the minister and delegation:

The assistant to the

hardware-hardware subhead for the air force staff,

P. Ica-Dufour


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