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int32 | nature
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CNILTEXT000017652022_5
|
CNILTEXT000017652022
| 5 |
DELIBERATION
|
VIGUEUR
|
Avis
|
Délibération 2006-100 du 27 avril 2006
|
Délibération portant avis sur un projet de décret relatif à l'allocation temporaire d'attente.
|
2006-100
|
2006-04-27
|
Cette convention est susceptible d'intéresser la protection des données personnelles par la définition des données échangées, de leurs conditions de conservation, des mesures de sécurité ou d'information des personnes. La Commission prend acte de l'engagement de la direction de la population et des migrations du ministère de l'emploi à la saisir pour avis du projet de convention de gestion. Le président, Alex TURK.
|
Délibération 2006-100 du 27 avril 2006
Cette convention est susceptible d'intéresser la protection des données personnelles par la définition des données échangées, de leurs conditions de conservation, des mesures de sécurité ou d'information des personnes. La Commission prend acte de l'engagement de la direction de la population et des migrations du ministère de l'emploi à la saisir pour avis du projet de convention de gestion. Le président, Alex TURK.
|
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CNILTEXT000017652031_0
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CNILTEXT000017652031
| 0 |
DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2006-109 du 27 avril 2006
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Délibération portant autorisation de la mise en oeuvre par le Service Départemental Incendie et Secours de la Haute Corse d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires des employés.
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2006-109
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2006-04-27
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La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, notamment son article 25-8° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu la demande d'autorisation, présentée par le Service Départemental Incendie et Secours de la Haute Corse, d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires ; Après avoir entendu M. Hubert Bouchet, commissaire en son rapport et Mme Pascale Compagnie, commissaire du Gouvernement, en ses observations.
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Délibération 2006-109 du 27 avril 2006
La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, notamment son article 25-8° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu la demande d'autorisation, présentée par le Service Départemental Incendie et Secours de la Haute Corse, d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires ; Après avoir entendu M. Hubert Bouchet, commissaire en son rapport et Mme Pascale Compagnie, commissaire du Gouvernement, en ses observations.
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CNILTEXT000017652031_1
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CNILTEXT000017652031
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2006-109 du 27 avril 2006
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Délibération portant autorisation de la mise en oeuvre par le Service Départemental Incendie et Secours de la Haute Corse d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires des employés.
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2006-109
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2006-04-27
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Formule les observations suivantes : Le 20 février 2006, le Service Départemental Incendie et Secours de la Haute Corse a adressé à la Commission nationale de l'informatique et des libertés une déclaration relative à un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main. Ce dispositif permettra d'enregistrer les dates et heures d'entrée et de sortie des employés pour la gestion de leur temps de travail. Il sera interconnecté avec une application de gestion des horaires qui permettra notamment d'éditer des plannings personnalisés, de visualiser le détail des horaires effectués et d'éditer des statistiques. La Commission considère qu'il y a lieu de faire application de l'article 25-8° de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements comportant des données biométriques nécessaires au contrôle de l'identité des personnes. L'utilisation d'une technologie biométrique vise à renforcer l'identification des employés du Service Départemental Incendie et Secours de la Haute Corse au moment des pointages et d'éviter les contraintes liées à la gestion d'un badge magnétique. Outre le gabarit de la main, les données traitées seront l'identité des employés, leur matricule, ainsi qu'un historique des horaires qui sera conservé pendant cinq ans. La durée de conservation relative à l'identité de l'employé, au matricule et au gabarit du contour de la
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Délibération 2006-109 du 27 avril 2006
Formule les observations suivantes : Le 20 février 2006, le Service Départemental Incendie et Secours de la Haute Corse a adressé à la Commission nationale de l'informatique et des libertés une déclaration relative à un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main. Ce dispositif permettra d'enregistrer les dates et heures d'entrée et de sortie des employés pour la gestion de leur temps de travail. Il sera interconnecté avec une application de gestion des horaires qui permettra notamment d'éditer des plannings personnalisés, de visualiser le détail des horaires effectués et d'éditer des statistiques. La Commission considère qu'il y a lieu de faire application de l'article 25-8° de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements comportant des données biométriques nécessaires au contrôle de l'identité des personnes. L'utilisation d'une technologie biométrique vise à renforcer l'identification des employés du Service Départemental Incendie et Secours de la Haute Corse au moment des pointages et d'éviter les contraintes liées à la gestion d'un badge magnétique. Outre le gabarit de la main, les données traitées seront l'identité des employés, leur matricule, ainsi qu'un historique des horaires qui sera conservé pendant cinq ans. La durée de conservation relative à l'identité de l'employé, au matricule et au gabarit du contour de la
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CNILTEXT000017652077_3
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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Vu ensemble les délibérations correspondantes de la CNIL ; Vu les trois projets d'arrêtés du ministre de l'Économie, des Finances et de l'Industrie modifiant les arrêtés du 28 avril 1987 modifié relatif à la création d'un traitement informatisé de simplification de la gestion des informations de recoupement (S.I.R.), du 5 janvier 1990 modifié relatif à la création d'un système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune (F.I.P.) et du 22 mars 2002 modifié portant création par la direction générale des impôts d'un traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") ; Après avoir entendu, M. Jean Massot, commissaire, en son rapport et Mme Pascale Compagnie, commissaire du gouvernement, en ses observations ;
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Délibération 2006-129 du 9 mai 2006
Vu ensemble les délibérations correspondantes de la CNIL ; Vu les trois projets d'arrêtés du ministre de l'Économie, des Finances et de l'Industrie modifiant les arrêtés du 28 avril 1987 modifié relatif à la création d'un traitement informatisé de simplification de la gestion des informations de recoupement (S.I.R.), du 5 janvier 1990 modifié relatif à la création d'un système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune (F.I.P.) et du 22 mars 2002 modifié portant création par la direction générale des impôts d'un traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") ; Après avoir entendu, M. Jean Massot, commissaire, en son rapport et Mme Pascale Compagnie, commissaire du gouvernement, en ses observations ;
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CNILTEXT000017652031_2
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CNILTEXT000017652031
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2006-109 du 27 avril 2006
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Délibération portant autorisation de la mise en oeuvre par le Service Départemental Incendie et Secours de la Haute Corse d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires des employés.
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2006-109
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2006-04-27
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leur matricule, ainsi qu'un historique des horaires qui sera conservé pendant cinq ans. La durée de conservation relative à l'identité de l'employé, au matricule et au gabarit du contour de la main, sera égale au temps pendant lequel la personne concernée travaillera pour le Service Départemental Incendie et Secours de la Haute Corse. Aucune image ou photo de la main des employés ne sera conservée. Le contour de la main fait partie des données biométriques qui ne laissent pas de traces susceptibles d'être utilisées à des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré dans la base de donnée centralisée où il sera associé au code d'authentification de la personne. Ces éléments sont de nature à prévenir toute utilisation détournée des données biométriques propres aux personnes concernées par le traitement. Compte tenu des caractéristiques du dispositif présenté à la Commission et en l'état actuel des connaissances sur la technologie utilisée, la mise en oeuvre d'un traitement reposant sur la reconnaissance de la géométrie de la main apparaît adaptée et proportionnée à la finalité assignée au dispositif.
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Délibération 2006-109 du 27 avril 2006
leur matricule, ainsi qu'un historique des horaires qui sera conservé pendant cinq ans. La durée de conservation relative à l'identité de l'employé, au matricule et au gabarit du contour de la main, sera égale au temps pendant lequel la personne concernée travaillera pour le Service Départemental Incendie et Secours de la Haute Corse. Aucune image ou photo de la main des employés ne sera conservée. Le contour de la main fait partie des données biométriques qui ne laissent pas de traces susceptibles d'être utilisées à des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré dans la base de donnée centralisée où il sera associé au code d'authentification de la personne. Ces éléments sont de nature à prévenir toute utilisation détournée des données biométriques propres aux personnes concernées par le traitement. Compte tenu des caractéristiques du dispositif présenté à la Commission et en l'état actuel des connaissances sur la technologie utilisée, la mise en oeuvre d'un traitement reposant sur la reconnaissance de la géométrie de la main apparaît adaptée et proportionnée à la finalité assignée au dispositif.
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CNILTEXT000017652031_3
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CNILTEXT000017652031
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2006-109 du 27 avril 2006
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Délibération portant autorisation de la mise en oeuvre par le Service Départemental Incendie et Secours de la Haute Corse d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle des horaires des employés.
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2006-109
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2006-04-27
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Les droits d'accès et de rectification s'exerceront auprès du service informatique du Service Départemental Incendie et Secours de la Haute Corse, Lieu dit Casetta - 20600 Furiani. Les catégories de données à caractère personnel enregistrées seront l'identité (nom, prénom de l'employé), le gabarit biométrique du contour de la main, le matricule, les dates et heures de leurs entrées et sorties nécessaires à la gestion des horaires. Les destinataires des informations seront, dans la limite de leurs attributions respectives et pour la poursuite de la finalité précitée, un agent désigné du service du personnel sous l'autorité de son chef de service et l'administrateur réseau du service informatique qui aura seul accès au gabarit biométrique. Autorise, dans ces conditions, le Service Départemental Incendie et Secours de la Haute Corse à mettre en oeuvre le traitement de données à caractère personnel présenté. Le Président, Alex TURK.
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Délibération 2006-109 du 27 avril 2006
Les droits d'accès et de rectification s'exerceront auprès du service informatique du Service Départemental Incendie et Secours de la Haute Corse, Lieu dit Casetta - 20600 Furiani. Les catégories de données à caractère personnel enregistrées seront l'identité (nom, prénom de l'employé), le gabarit biométrique du contour de la main, le matricule, les dates et heures de leurs entrées et sorties nécessaires à la gestion des horaires. Les destinataires des informations seront, dans la limite de leurs attributions respectives et pour la poursuite de la finalité précitée, un agent désigné du service du personnel sous l'autorité de son chef de service et l'administrateur réseau du service informatique qui aura seul accès au gabarit biométrique. Autorise, dans ces conditions, le Service Départemental Incendie et Secours de la Haute Corse à mettre en oeuvre le traitement de données à caractère personnel présenté. Le Président, Alex TURK.
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CNILTEXT000017652067_0
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CNILTEXT000017652067
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2005-248 du 03 novembre 2005
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Délibération portant autorisation de la mise en oeuvre par la société Ferma d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle de l'accès aux locaux.
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2005-248
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2005-11-03
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Le bureau de la Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, notamment son article 25-8° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu la délibération n° 2004-071 du 9 septembre 2004 portant délégation d'attributions au bureau de la Commission nationale de l'informatique et des libertés ; Vu la demande d'autorisation, présentée par la société Ferma, d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle de l'accès aux locaux ; Après avoir entendu Mme Pascale Compagnie, commissaire du Gouvernement, en ses observations.
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Délibération 2005-248 du 03 novembre 2005
Le bureau de la Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, notamment son article 25-8° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu la délibération n° 2004-071 du 9 septembre 2004 portant délégation d'attributions au bureau de la Commission nationale de l'informatique et des libertés ; Vu la demande d'autorisation, présentée par la société Ferma, d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et ayant pour finalité le contrôle de l'accès aux locaux ; Après avoir entendu Mme Pascale Compagnie, commissaire du Gouvernement, en ses observations.
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CNILTEXT000017652067_1
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CNILTEXT000017652067
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2005-248 du 03 novembre 2005
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Délibération portant autorisation de la mise en oeuvre par la société Ferma d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle de l'accès aux locaux.
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2005-248
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2005-11-03
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Formule les observations suivantes : Le 11 mai 2005, la société Ferma a adressé à la Commission nationale de l'informatique et des libertés une déclaration relative à un traitement de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle d'accès à son établissement. La Commission considère qu'il y a lieu de faire application des dispositions de l'article 25-8° de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements comportant des données biométriques nécessaires au contrôle de l'identité des personnes. La société Ferma indique que la mise en oeuvre d'un dispositif biométrique permet de garantir un niveau de sécurité plus élevé que celui offert par un système de badge magnétique et d'éviter les contraintes liées à la gestion d'un badge. Outre le gabarit de la main, les données traitées seront l'identité des employés et l'horodatage de leurs passages. Un historique des entrées dans l'établissement pourra être édité et ne sera conservé que pendant un mois. Aucune image ou photo de la main des employés ne sera conservée. Le contour de la main fait partie des données biométriques qui ne laissent pas de traces susceptibles d'être utilisées à des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré
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Délibération 2005-248 du 03 novembre 2005
Formule les observations suivantes : Le 11 mai 2005, la société Ferma a adressé à la Commission nationale de l'informatique et des libertés une déclaration relative à un traitement de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle d'accès à son établissement. La Commission considère qu'il y a lieu de faire application des dispositions de l'article 25-8° de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements comportant des données biométriques nécessaires au contrôle de l'identité des personnes. La société Ferma indique que la mise en oeuvre d'un dispositif biométrique permet de garantir un niveau de sécurité plus élevé que celui offert par un système de badge magnétique et d'éviter les contraintes liées à la gestion d'un badge. Outre le gabarit de la main, les données traitées seront l'identité des employés et l'horodatage de leurs passages. Un historique des entrées dans l'établissement pourra être édité et ne sera conservé que pendant un mois. Aucune image ou photo de la main des employés ne sera conservée. Le contour de la main fait partie des données biométriques qui ne laissent pas de traces susceptibles d'être utilisées à des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré
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CNILTEXT000017652067_2
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CNILTEXT000017652067
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2005-248 du 03 novembre 2005
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Délibération portant autorisation de la mise en oeuvre par la société Ferma d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle de l'accès aux locaux.
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2005-248
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2005-11-03
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des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré dans la base de donnée centralisée où il sera associé au code d'authentification de la personne. Ces éléments sont de nature à prévenir toute utilisation détournée des données biométriques propres aux employés de la société Ferma. Compte tenu des caractéristiques du dispositif présenté à la Commission et en l'état actuel des connaissances sur la technologie utilisée, la mise en oeuvre d'un traitement reposant que la reconnaissance de la géométrie de la main apparaît adaptée et proportionnée à la finalité assignée au dispositif.
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Délibération 2005-248 du 03 novembre 2005
des fins étrangères à la finalité recherchée par le responsable du traitement. En outre, seul le gabarit du contour de la main, résultat du traitement des mesures par un algorithme, sera enregistré dans la base de donnée centralisée où il sera associé au code d'authentification de la personne. Ces éléments sont de nature à prévenir toute utilisation détournée des données biométriques propres aux employés de la société Ferma. Compte tenu des caractéristiques du dispositif présenté à la Commission et en l'état actuel des connaissances sur la technologie utilisée, la mise en oeuvre d'un traitement reposant que la reconnaissance de la géométrie de la main apparaît adaptée et proportionnée à la finalité assignée au dispositif.
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CNILTEXT000017652067_3
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CNILTEXT000017652067
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2005-248 du 03 novembre 2005
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Délibération portant autorisation de la mise en oeuvre par la société Ferma d'un traitement automatisé de données à caractère personnel reposant sur l'utilisation d'un dispositif biométrique de reconnaissance du contour de la main et avant pour finalité le contrôle de l'accès aux locaux.
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2005-248
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2005-11-03
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Les droits d'accès et de rectification s'exerceront auprès de la direction des ressources humaines de la société Ferma - 60 rue Etienne Dolet - 92240 Malakoff Les catégories de données à caractère personnel enregistrées seront l'identité (nom, prénom de l'employé), le gabarit biométrique du contour de leur main et l'horodatage des passages. Les destinataires des informations seront, dans la limite de leurs attributions respectives et pour l'exercice de la finalité précitée, les personnes habilitées des Services généraux.
Autorise, dans ces conditions, la société Ferma à mettre en oeuvre le traitement de données à caractère personnel présenté. Le président, Alex TURK.
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Délibération 2005-248 du 03 novembre 2005
Les droits d'accès et de rectification s'exerceront auprès de la direction des ressources humaines de la société Ferma - 60 rue Etienne Dolet - 92240 Malakoff Les catégories de données à caractère personnel enregistrées seront l'identité (nom, prénom de l'employé), le gabarit biométrique du contour de leur main et l'horodatage des passages. Les destinataires des informations seront, dans la limite de leurs attributions respectives et pour l'exercice de la finalité précitée, les personnes habilitées des Services généraux.
Autorise, dans ces conditions, la société Ferma à mettre en oeuvre le traitement de données à caractère personnel présenté. Le président, Alex TURK.
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CNILTEXT000017652077_0
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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La Commission nationale de l'informatique et des libertés, Saisie le 6 avril 2006 par le ministre de l'Économie, des Finances et de l'Industrie de quatre déclarations modificatives relatives au traitement informatisé de simplification de la gestion des informations de recoupement ("S.I.R."), au système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune ("F.I.P."), au traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") et au traitement automatisé relatif à l'informatisation des inspections d'assiette et de documentation ("ILIAD"), accompagnées de trois projets d'arrêtés modifiant les arrêtés ayant créé "S.I.R.", "F.I.P." et "Télé IR". Vu la convention n° 108 du 28 janvier 1981 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive n° 95/46/CE du Parlement européen et du Conseil en date du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement des données à caractère personnel et à la libre circulation de ces données ; Vu le code général des impôts ; Vu le livre des procédures fiscales ; Vu la loi n° 78-17 du 6 janvier
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Délibération 2006-129 du 9 mai 2006
La Commission nationale de l'informatique et des libertés, Saisie le 6 avril 2006 par le ministre de l'Économie, des Finances et de l'Industrie de quatre déclarations modificatives relatives au traitement informatisé de simplification de la gestion des informations de recoupement ("S.I.R."), au système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune ("F.I.P."), au traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") et au traitement automatisé relatif à l'informatisation des inspections d'assiette et de documentation ("ILIAD"), accompagnées de trois projets d'arrêtés modifiant les arrêtés ayant créé "S.I.R.", "F.I.P." et "Télé IR". Vu la convention n° 108 du 28 janvier 1981 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive n° 95/46/CE du Parlement européen et du Conseil en date du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement des données à caractère personnel et à la libre circulation de ces données ; Vu le code général des impôts ; Vu le livre des procédures fiscales ; Vu la loi n° 78-17 du 6 janvier
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CNILTEXT000017652043_0
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CNILTEXT000017652043
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-042 du 08 mars 2007
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Délibération autorisant le Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche à réaliser et à exploiter les résultats d'une enquête statistique réalisée auprès d'un panel d'élèves entrés en classe de sixième en 1995 concernant leur santé.
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2007-042
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2007-03-08
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La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 51-711 du 7 juin 1951 relative à l'obligation, la coordination et le secret en matière de statistiques , Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, et notamment son article 25-I-1 ° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Après avoir entendu M. Guy ROSIER, vice-président délégué, en son rapport et Mme Pascale COMPAGNIE, commissaire du Gouvernement en ses observations,
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Délibération 2007-042 du 08 mars 2007
La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 51-711 du 7 juin 1951 relative à l'obligation, la coordination et le secret en matière de statistiques , Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, et notamment son article 25-I-1 ° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Après avoir entendu M. Guy ROSIER, vice-président délégué, en son rapport et Mme Pascale COMPAGNIE, commissaire du Gouvernement en ses observations,
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CNILTEXT000017652043_1
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CNILTEXT000017652043
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-042 du 08 mars 2007
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Délibération autorisant le Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche à réaliser et à exploiter les résultats d'une enquête statistique réalisée auprès d'un panel d'élèves entrés en classe de sixième en 1995 concernant leur santé.
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2007-042
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2007-03-08
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Formule les observations suivantes : La direction de l'évaluation, de la prospective et de la performance du Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche a, le 5 décembre 2006, saisi la Commission d'une demande d'autorisation relative à la mise en oeuvre des traitements automatisés de données à caractère personnel nécessaires à la réalisation et à l'exploitation des résultats d'une enquête intitulée santé 2007, complémentaire de l'enquête annuelle, et menée auprès d'un panel d'élèves entrés en classe de sixième en 1995, ayant pour objet d'établir un panorama général de la santé des jeunes et de leurs comportements en la matière. Le traitement concerné relève des dispositions de l'article 25-1-1°, qui soumet à autorisation de la Commission les traitements statistiques réalisés par un service statistique ministériel dans le respect de la loi n° 51-711 du 7 juin 1951 sur l'obligation, la coordination et le secret en matière de statistiques, et après avis du Conseil national de l'information statistique, faisant notamment apparaître des données à caractère personnel relatives à la santé des personnes concernées. Cette enquête se fondera sur le panel d'élèves suivis par la direction de l'évaluation et de la prospective et de la performance (Deep) du ministère de l'Éducation nationale depuis leur entrée en 6ème en 1995. Cette enquête ponctuelle sera menée parallèlement à l'enquête obligatoire annuelle de l'INSEE "Entrée dans la vie
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Délibération 2007-042 du 08 mars 2007
Formule les observations suivantes : La direction de l'évaluation, de la prospective et de la performance du Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche a, le 5 décembre 2006, saisi la Commission d'une demande d'autorisation relative à la mise en oeuvre des traitements automatisés de données à caractère personnel nécessaires à la réalisation et à l'exploitation des résultats d'une enquête intitulée santé 2007, complémentaire de l'enquête annuelle, et menée auprès d'un panel d'élèves entrés en classe de sixième en 1995, ayant pour objet d'établir un panorama général de la santé des jeunes et de leurs comportements en la matière. Le traitement concerné relève des dispositions de l'article 25-1-1°, qui soumet à autorisation de la Commission les traitements statistiques réalisés par un service statistique ministériel dans le respect de la loi n° 51-711 du 7 juin 1951 sur l'obligation, la coordination et le secret en matière de statistiques, et après avis du Conseil national de l'information statistique, faisant notamment apparaître des données à caractère personnel relatives à la santé des personnes concernées. Cette enquête se fondera sur le panel d'élèves suivis par la direction de l'évaluation et de la prospective et de la performance (Deep) du ministère de l'Éducation nationale depuis leur entrée en 6ème en 1995. Cette enquête ponctuelle sera menée parallèlement à l'enquête obligatoire annuelle de l'INSEE "Entrée dans la vie
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CNILTEXT000017652043_2
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CNILTEXT000017652043
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-042 du 08 mars 2007
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Délibération autorisant le Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche à réaliser et à exploiter les résultats d'une enquête statistique réalisée auprès d'un panel d'élèves entrés en classe de sixième en 1995 concernant leur santé.
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2007-042
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2007-03-08
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(Deep) du ministère de l'Éducation nationale depuis leur entrée en 6ème en 1995. Cette enquête ponctuelle sera menée parallèlement à l'enquête obligatoire annuelle de l'INSEE "Entrée dans la vie adulte - EVA" qui a été autorisée par une délibération n° 2007-022 de la Commission nationale de l'informatique et des libertés le 8 février 2007. La population enquêtée par la Depp en 2007 sera d'environ 6600 jeunes encore scolarisés. L'objectif de l'enquête complémentaire Santé 2007 menée par la Depp est d'établir un premier panorama général de la santé physique et psychique des jeunes et de leurs comportements et, surtout, de mettre les informations recueillies en rapport avec leur situation (cohabitation avec les parents, etc.) et leur parcours dans la mesure où il est apparu que peu de données mettant en perspective santé et parcours scolaire étaient disponibles. Le Comité du label a délivré, le 19 septembre 2006, un avis de conformité à l'enquête complémentaire santé 2007 auprès des jeunes du panel Depp95. Cet avis précise que cette enquête n'a pas le caractère obligatoire pour la partie de l'échantillon gérée par la Depp, concernant les jeunes encore scolarisés.
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Délibération 2007-042 du 08 mars 2007
(Deep) du ministère de l'Éducation nationale depuis leur entrée en 6ème en 1995. Cette enquête ponctuelle sera menée parallèlement à l'enquête obligatoire annuelle de l'INSEE "Entrée dans la vie adulte - EVA" qui a été autorisée par une délibération n° 2007-022 de la Commission nationale de l'informatique et des libertés le 8 février 2007. La population enquêtée par la Depp en 2007 sera d'environ 6600 jeunes encore scolarisés. L'objectif de l'enquête complémentaire Santé 2007 menée par la Depp est d'établir un premier panorama général de la santé physique et psychique des jeunes et de leurs comportements et, surtout, de mettre les informations recueillies en rapport avec leur situation (cohabitation avec les parents, etc.) et leur parcours dans la mesure où il est apparu que peu de données mettant en perspective santé et parcours scolaire étaient disponibles. Le Comité du label a délivré, le 19 septembre 2006, un avis de conformité à l'enquête complémentaire santé 2007 auprès des jeunes du panel Depp95. Cet avis précise que cette enquête n'a pas le caractère obligatoire pour la partie de l'échantillon gérée par la Depp, concernant les jeunes encore scolarisés.
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CNILTEXT000017653699_0
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CNILTEXT000017653699
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 96-079 du 01 octobre 1996
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Délibération portant avis sur le projet d'arrêté présenté par le ministère de l'Education Nationale concernant la modification du traitement SAGACES.
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96-079
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1996-10-01
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La Commission nationale de l'informatique et des libertés ; Vu la Convention n° 108 du 28 janvier 1981 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés et le décret n° 78-774 du 17 juillet 1978 pris pour son application ; Vu la loi n° 51-711 du 7 juin 1951 modifiée sur l'obligation, la coordination et le secret en matière de statistiques ; Vu l'arrêté du 12 juillet 1995 du ministre de l'Education nationale portant création du traitement SAGACES ; Vu le projet d'arrêté portant modification du traitement SAGACES ; Vu l'avis de la CNIL en date du 1er octobre 1996 sur un projet de décret relatif à l'utilisation du numéro d'inscription au répertoire national d'identification des personnes physiques par le ministre de l'Education nationale, de l'enseignement supérieur et de la recherche et par le Centre d'études et de recherches sur les qualifications ; Après avoir entendu Monsieur Michel BERNARD, Commissaire, en son rapport et Madame Charlotte-Marie PITRAT, Commissaire du Gouvernement, en ses observations ;
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Délibération 96-079 du 01 octobre 1996
La Commission nationale de l'informatique et des libertés ; Vu la Convention n° 108 du 28 janvier 1981 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés et le décret n° 78-774 du 17 juillet 1978 pris pour son application ; Vu la loi n° 51-711 du 7 juin 1951 modifiée sur l'obligation, la coordination et le secret en matière de statistiques ; Vu l'arrêté du 12 juillet 1995 du ministre de l'Education nationale portant création du traitement SAGACES ; Vu le projet d'arrêté portant modification du traitement SAGACES ; Vu l'avis de la CNIL en date du 1er octobre 1996 sur un projet de décret relatif à l'utilisation du numéro d'inscription au répertoire national d'identification des personnes physiques par le ministre de l'Education nationale, de l'enseignement supérieur et de la recherche et par le Centre d'études et de recherches sur les qualifications ; Après avoir entendu Monsieur Michel BERNARD, Commissaire, en son rapport et Madame Charlotte-Marie PITRAT, Commissaire du Gouvernement, en ses observations ;
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CNILTEXT000017652043_3
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CNILTEXT000017652043
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-042 du 08 mars 2007
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Délibération autorisant le Ministère de l'éducation nationale, de l'enseignement supérieur et de la recherche à réaliser et à exploiter les résultats d'une enquête statistique réalisée auprès d'un panel d'élèves entrés en classe de sixième en 1995 concernant leur santé.
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2007-042
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2007-03-08
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La collecte des réponses sera effectuée par l'envoi aux jeunes du panel d'un questionnaire. Après appariement avec les données historiques du panel, un fichier anonymisé sera transmis aux partenaires de cette enquête. Les informations collectées seront relatives à l'identification des personnes (identifiant de la direction de l'évaluation, de la prospective et de la performance) et à leur santé (état de santé général, handicap et accident, recours aux soins et prise en charge, habitudes de vie, parcours passé et projection dans l'avenir) et à son lien avec le parcours scolaire. A ce titre, il est prévu de collecter des informations relatives aux éventuels praticiens consultés, aux types de médicaments éventuellement pris (somnifères, tranquillisants, antidépresseurs, contraceptifs, etc.), aux habitudes de vie (en matière notamment de consommation tabagique, alcoolique et d'autres produits et substances nocives à la santé). Au vu de la sensibilité des questions posées (consommation de produits ou substances illicites, comportements dangereux, notamment) et afin de respecter la confidentialité des réponses, le Comité du label a demandé au service "de veiller particulièrement à la formulation des lettres-avis pour ne pas attirer l'attention d'un tiers sur l'enquête". Le droit d'accès et, le cas échéant, le droit de rectification s'exerceront auprès de la direction régionale Languedoc-Roussillon de l'INSEE, qui est chargée de la réalisation de cette enquête.
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Délibération 2007-042 du 08 mars 2007
La collecte des réponses sera effectuée par l'envoi aux jeunes du panel d'un questionnaire. Après appariement avec les données historiques du panel, un fichier anonymisé sera transmis aux partenaires de cette enquête. Les informations collectées seront relatives à l'identification des personnes (identifiant de la direction de l'évaluation, de la prospective et de la performance) et à leur santé (état de santé général, handicap et accident, recours aux soins et prise en charge, habitudes de vie, parcours passé et projection dans l'avenir) et à son lien avec le parcours scolaire. A ce titre, il est prévu de collecter des informations relatives aux éventuels praticiens consultés, aux types de médicaments éventuellement pris (somnifères, tranquillisants, antidépresseurs, contraceptifs, etc.), aux habitudes de vie (en matière notamment de consommation tabagique, alcoolique et d'autres produits et substances nocives à la santé). Au vu de la sensibilité des questions posées (consommation de produits ou substances illicites, comportements dangereux, notamment) et afin de respecter la confidentialité des réponses, le Comité du label a demandé au service "de veiller particulièrement à la formulation des lettres-avis pour ne pas attirer l'attention d'un tiers sur l'enquête". Le droit d'accès et, le cas échéant, le droit de rectification s'exerceront auprès de la direction régionale Languedoc-Roussillon de l'INSEE, qui est chargée de la réalisation de cette enquête.
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CNILTEXT000017652077_4
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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Emet l'avis suivant : La Commission a été saisie le 6 avril 2006 par le ministre de l'Économie, des Finances et de l'Industrie, de quatre déclarations modificatives relatives au traitement informatisé de simplification de la gestion des informations de recoupement ("S.I.R."), au système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune ("F.I.P."), au traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") et au traitement automatisé relatif à l'informatisation des inspections d'assiette et de documentatiog ("ILIAD"), accompagnées de trois projets d'arrêtés modifiant les arrêtés ayant créé "S.I.R.",- "F.I.P." et "Télé IR". Afin de simplifier les obligations déclaratives des contribuables, le ministre délégué au budget et à la réforme de l'Etat a souhaité généraliser aux déclarations de revenus perçus en 2005 le processus de préremplissage des déclarations annuelles de revenus, qui consiste à faire apparaître sur le formulaire de déclaration, quel qu'en soit le support, les principaux revenus des contribuables (salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites) et non plus les seules
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Délibération 2006-129 du 9 mai 2006
Emet l'avis suivant : La Commission a été saisie le 6 avril 2006 par le ministre de l'Économie, des Finances et de l'Industrie, de quatre déclarations modificatives relatives au traitement informatisé de simplification de la gestion des informations de recoupement ("S.I.R."), au système automatisé de gestion de l'identité et des adresses des contribuables à l'impôt sur le revenu, à la taxe d'habitation, à la taxe annuelle sur les logements vacants et à l'impôt de solidarité sur la fortune ("F.I.P."), au traitement automatisé d'informations nominatives permettant la transmission, par voie électronique, des éléments déclaratifs en matière d'impôt sur les revenus et portant conventions types relatives à ces opérations ("Télé IR") et au traitement automatisé relatif à l'informatisation des inspections d'assiette et de documentatiog ("ILIAD"), accompagnées de trois projets d'arrêtés modifiant les arrêtés ayant créé "S.I.R.",- "F.I.P." et "Télé IR". Afin de simplifier les obligations déclaratives des contribuables, le ministre délégué au budget et à la réforme de l'Etat a souhaité généraliser aux déclarations de revenus perçus en 2005 le processus de préremplissage des déclarations annuelles de revenus, qui consiste à faire apparaître sur le formulaire de déclaration, quel qu'en soit le support, les principaux revenus des contribuables (salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites) et non plus les seules
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CNILTEXT000017652077_5
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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qu'en soit le support, les principaux revenus des contribuables (salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites) et non plus les seules indications d'état civil, d'adresse et de situation de famille. Cette opération, qui repose sur l'utilisation d'applications déjà mises en oeuvre au sein de la direction générale des impôts, nécessite plus particulièrement que soient modifiées les caractéristiques des traitements "S.I.R.", "F.I.P.", "Télé IR" et "ILIAD". Dans la mesure où le traitement "S.I.R." fait appel au numéro d'inscription au répertoire national d'identification des personnes physiques pour fiabiliser les informations communiquées à la direction générale des impôts par des tiers dans le cadre de leurs obligations légales, d'une part, et où le traitement "Télé IR", téléservice de l'administration électronique, recourt à un identifiant des personnes physiques, d'autre part, ces modifications relèvent de la procédure de demande d'avis prévue par l'article 27-II-2° de la loi du 6 janvier 1978 modifiée en août 2004.
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Délibération 2006-129 du 9 mai 2006
qu'en soit le support, les principaux revenus des contribuables (salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites) et non plus les seules indications d'état civil, d'adresse et de situation de famille. Cette opération, qui repose sur l'utilisation d'applications déjà mises en oeuvre au sein de la direction générale des impôts, nécessite plus particulièrement que soient modifiées les caractéristiques des traitements "S.I.R.", "F.I.P.", "Télé IR" et "ILIAD". Dans la mesure où le traitement "S.I.R." fait appel au numéro d'inscription au répertoire national d'identification des personnes physiques pour fiabiliser les informations communiquées à la direction générale des impôts par des tiers dans le cadre de leurs obligations légales, d'une part, et où le traitement "Télé IR", téléservice de l'administration électronique, recourt à un identifiant des personnes physiques, d'autre part, ces modifications relèvent de la procédure de demande d'avis prévue par l'article 27-II-2° de la loi du 6 janvier 1978 modifiée en août 2004.
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CNILTEXT000017652077_6
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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Sur les modifications apportées au traitement "S.I.R." Aux termes de l'article 2 de l'arrêté du 28 avril 1987 modifié, l'application "SIR" a pour objet de permettre la gestion des informations de recoupement qui sont extraites de la documentation de la direction générale des impôts ou communiquées à celle-ci par des tiers dans le cadre de leurs obligations légales. Ces informations qui, jusqu'à présent, servaient à contrôler les déclarations remplies par les contribuables, seront également utilisées, à compter de cette année, pour préremplir les formulaires de déclaration de revenus, quel qu'en soit le support, avant que le contribuable concerné n'en prenne connaissance. En conséquence, le déclarant attribue au traitement "S.I.R." une nouvelle finalité visant à pouvoir "affecter les informations relatives aux sommes perçues par les contribuables en vue de leur adresser une déclaration de revenus préremplie des principaux revenus". Pour y parvenir, l'administration fiscale doit affecter successivement les informations transmises par les tiers déclarants à chaque contribuable connu de l'administration fiscale, au moyen de l'identifiant SPI, puis au foyer fiscal que constitue ou auquel est rattaché le contribuable identifié, au moyen de l'identifiant FIP. Cette affectation consiste à rechercher, à partir du NIR transmis par les tiers déclarants aux fins de fiabilisation des informations transmises à la direction générale des impôts (DGI), le numéro SPI de chaque
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Délibération 2006-129 du 9 mai 2006
Sur les modifications apportées au traitement "S.I.R." Aux termes de l'article 2 de l'arrêté du 28 avril 1987 modifié, l'application "SIR" a pour objet de permettre la gestion des informations de recoupement qui sont extraites de la documentation de la direction générale des impôts ou communiquées à celle-ci par des tiers dans le cadre de leurs obligations légales. Ces informations qui, jusqu'à présent, servaient à contrôler les déclarations remplies par les contribuables, seront également utilisées, à compter de cette année, pour préremplir les formulaires de déclaration de revenus, quel qu'en soit le support, avant que le contribuable concerné n'en prenne connaissance. En conséquence, le déclarant attribue au traitement "S.I.R." une nouvelle finalité visant à pouvoir "affecter les informations relatives aux sommes perçues par les contribuables en vue de leur adresser une déclaration de revenus préremplie des principaux revenus". Pour y parvenir, l'administration fiscale doit affecter successivement les informations transmises par les tiers déclarants à chaque contribuable connu de l'administration fiscale, au moyen de l'identifiant SPI, puis au foyer fiscal que constitue ou auquel est rattaché le contribuable identifié, au moyen de l'identifiant FIP. Cette affectation consiste à rechercher, à partir du NIR transmis par les tiers déclarants aux fins de fiabilisation des informations transmises à la direction générale des impôts (DGI), le numéro SPI de chaque
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CNILTEXT000017652077_7
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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consiste à rechercher, à partir du NIR transmis par les tiers déclarants aux fins de fiabilisation des informations transmises à la direction générale des impôts (DGI), le numéro SPI de chaque contribuable grâce à une copie de la table NIR/SPI que l'administration fiscale a été autorisée à utiliser dans le cadre du recours à l'application "S.I.R.". La Commission prend acte des mesures adoptées par l'administration fiscale qui, en cas d'échec de l'identification NIR/SPI, tente d'identifier le contribuable au moyen de son état civil et qui prévoit que, lorsque l'identifiant fiscal ne peut être attribué, il n'est pas procédé au préremplissage de la déclaration concernée.
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Délibération 2006-129 du 9 mai 2006
consiste à rechercher, à partir du NIR transmis par les tiers déclarants aux fins de fiabilisation des informations transmises à la direction générale des impôts (DGI), le numéro SPI de chaque contribuable grâce à une copie de la table NIR/SPI que l'administration fiscale a été autorisée à utiliser dans le cadre du recours à l'application "S.I.R.". La Commission prend acte des mesures adoptées par l'administration fiscale qui, en cas d'échec de l'identification NIR/SPI, tente d'identifier le contribuable au moyen de son état civil et qui prévoit que, lorsque l'identifiant fiscal ne peut être attribué, il n'est pas procédé au préremplissage de la déclaration concernée.
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CNILTEXT000017652077_13
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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La Commission prend acte que, comme aujourd'hui, le contribuable ne pourra, dans le cadre de cette procédure de délestage, consulter son compte fiscal qu'après avoir obtenu un certificat électronique, mais constate que la mise en oeuvre de ce dispositif qui conduit la DGI à revenir sur le dispositif existant, reposant sur l'utilisation d'un certificat électronique et autorisé par la CNIL entraîne un affaiblissement du niveau de sécurité du dispositif et déplore l'insuffisante anticipation de la montée en charge de la procédure de télédéclaration par l'administration fiscale. La Commission demande en conséquence que ce dispositif reste exceptionnel et ponctuel dans le cadre de la procédure de télédéclarations des revenus pour l'année 2005 et qu'un bilan précis de la mise en oeuvre de ce dispositif de délestage lui soit adressé à bref délai suivant la période de télédéclaration, indiquant notamment le nombre d'utilisations de ce dispositif et les périodes au cours desquelles il y aura été recouru. La Commission demande également, s'agissant de l'ensemble des opérations permettant le préremplissage des déclarations de revenus, que lui soit transmis chaque année un bilan portant notamment sur les erreurs et difficultés d'identification des contribuables, d'une part, et d'imputation par foyer fiscal des informations transmises par les tiers à l'administration fiscale, d'autre part, ainsi que sur la part des déclarations préremplies qui sont modifiées ou complétées, les
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Délibération 2006-129 du 9 mai 2006
La Commission prend acte que, comme aujourd'hui, le contribuable ne pourra, dans le cadre de cette procédure de délestage, consulter son compte fiscal qu'après avoir obtenu un certificat électronique, mais constate que la mise en oeuvre de ce dispositif qui conduit la DGI à revenir sur le dispositif existant, reposant sur l'utilisation d'un certificat électronique et autorisé par la CNIL entraîne un affaiblissement du niveau de sécurité du dispositif et déplore l'insuffisante anticipation de la montée en charge de la procédure de télédéclaration par l'administration fiscale. La Commission demande en conséquence que ce dispositif reste exceptionnel et ponctuel dans le cadre de la procédure de télédéclarations des revenus pour l'année 2005 et qu'un bilan précis de la mise en oeuvre de ce dispositif de délestage lui soit adressé à bref délai suivant la période de télédéclaration, indiquant notamment le nombre d'utilisations de ce dispositif et les périodes au cours desquelles il y aura été recouru. La Commission demande également, s'agissant de l'ensemble des opérations permettant le préremplissage des déclarations de revenus, que lui soit transmis chaque année un bilan portant notamment sur les erreurs et difficultés d'identification des contribuables, d'une part, et d'imputation par foyer fiscal des informations transmises par les tiers à l'administration fiscale, d'autre part, ainsi que sur la part des déclarations préremplies qui sont modifiées ou complétées, les
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CNILTEXT000017652077_8
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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Sur les modifications apportées au traitement "F.I.P." Une fois le contribuable identifié au niveau national, l'administration fiscale, pour pouvoir affecter au foyer fiscal correspondant les informations qui lui ont été transmises, utilise à table de correspondance n° SPI / n° FIP présente dans l'application "F.I.P." et expressémeit prévue à l'article 4 de l'arrêté du 5 janvier 1990 portant création de cette application. La modification envisagée par le déclarant a pour objet d'ajouter une finalité à l'utilisation de cette table de concordance, à savoir l'affectation des "informations reçues des tiers déclarants en vue de permettre la préimpression des principaux revenus perçus par les contribuables sur leurs déclaration de revenus". Les modifications envisagées des applications "S.I.R." et "F.I.P.", qui se limitent à permettre l'identification des contribuables et l'affectation au foyer fiscal qu'ils constituent ou auxquels ils appartiennent des informations transmises par les tiers déclarants, n'appellent pas d'observation de la part de la Commission.
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Délibération 2006-129 du 9 mai 2006
Sur les modifications apportées au traitement "F.I.P." Une fois le contribuable identifié au niveau national, l'administration fiscale, pour pouvoir affecter au foyer fiscal correspondant les informations qui lui ont été transmises, utilise à table de correspondance n° SPI / n° FIP présente dans l'application "F.I.P." et expressémeit prévue à l'article 4 de l'arrêté du 5 janvier 1990 portant création de cette application. La modification envisagée par le déclarant a pour objet d'ajouter une finalité à l'utilisation de cette table de concordance, à savoir l'affectation des "informations reçues des tiers déclarants en vue de permettre la préimpression des principaux revenus perçus par les contribuables sur leurs déclaration de revenus". Les modifications envisagées des applications "S.I.R." et "F.I.P.", qui se limitent à permettre l'identification des contribuables et l'affectation au foyer fiscal qu'ils constituent ou auxquels ils appartiennent des informations transmises par les tiers déclarants, n'appellent pas d'observation de la part de la Commission.
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CNILTEXT000017652077_9
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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Sur les modifications apportées aux traitements "Télé IR" et "ILIAD" Les modifications concernant ces deux traitements visent principalement à permettre à l'administration fiscale le préremplissage des déclarations de revenus, sur support papier ou électronique, avant que les contribuables concernés n'en prennent connaissance. S'agissant des formulaires de déclaration sur support papier, les modifications apportées au traitement "ILIAD", qui a pour finalité principale "l'automatisation au niveau local de la consultation et de la mise à jour du répertoire des contribuables, des locaux d'habitation et du contentieux", consistent à ajouter trois fonctionnalités à cette application. Ces fonctionnalités ont pour objet de permettre aux agents de chaque centre des impôts de consulter les données préimprimées avant et après taxation, de les imprimer et de saisir les déclarations de revenus conformes, c'est-à-dire celles qui n'auront pas été complétées par l'intéressé. La Commission prend acte que le traitement des formulaires de déclarations préremplis qui seront complétés ou corrigés par le contribuable sera effectué, comme aujourd'hui, par la saisie manuelle des données corrigées ou complétées. S'agissant des télédéclarations, les informations transmises à l'administration fiscale seront affichées directement dans les cases concernées ; le détail des revenus et les coordonnées des tiers déclarants apparaîtront en dessous de chaque catégorie de revenus concernée.
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Délibération 2006-129 du 9 mai 2006
Sur les modifications apportées aux traitements "Télé IR" et "ILIAD" Les modifications concernant ces deux traitements visent principalement à permettre à l'administration fiscale le préremplissage des déclarations de revenus, sur support papier ou électronique, avant que les contribuables concernés n'en prennent connaissance. S'agissant des formulaires de déclaration sur support papier, les modifications apportées au traitement "ILIAD", qui a pour finalité principale "l'automatisation au niveau local de la consultation et de la mise à jour du répertoire des contribuables, des locaux d'habitation et du contentieux", consistent à ajouter trois fonctionnalités à cette application. Ces fonctionnalités ont pour objet de permettre aux agents de chaque centre des impôts de consulter les données préimprimées avant et après taxation, de les imprimer et de saisir les déclarations de revenus conformes, c'est-à-dire celles qui n'auront pas été complétées par l'intéressé. La Commission prend acte que le traitement des formulaires de déclarations préremplis qui seront complétés ou corrigés par le contribuable sera effectué, comme aujourd'hui, par la saisie manuelle des données corrigées ou complétées. S'agissant des télédéclarations, les informations transmises à l'administration fiscale seront affichées directement dans les cases concernées ; le détail des revenus et les coordonnées des tiers déclarants apparaîtront en dessous de chaque catégorie de revenus concernée.
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CNILTEXT000017652077_10
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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fiscale seront affichées directement dans les cases concernées ; le détail des revenus et les coordonnées des tiers déclarants apparaîtront en dessous de chaque catégorie de revenus concernée. L'usager vérifiera l'exactitude des données préremplies et corrigera si nécessaire le montai total pré-affiché. En cas de désaccord, le contribuable pourra fournir des éclaircissements à l'administration au moyen de la rubrique "autres renseignements" située en dernière page le la télédéclaration. La seule modification apportée, à ce titre, à l'application "Télé IR" consiste à compléter l'article 3 de l'arrêté du 22 mars 2002 afin d'indiquer que le traitement reçoit "du traitement "SIR" les montants des salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites perçus par le contribuable au cours de l'année d'imposition ainsi que des éléments d'identification des tiers déclarants".
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Délibération 2006-129 du 9 mai 2006
fiscale seront affichées directement dans les cases concernées ; le détail des revenus et les coordonnées des tiers déclarants apparaîtront en dessous de chaque catégorie de revenus concernée. L'usager vérifiera l'exactitude des données préremplies et corrigera si nécessaire le montai total pré-affiché. En cas de désaccord, le contribuable pourra fournir des éclaircissements à l'administration au moyen de la rubrique "autres renseignements" située en dernière page le la télédéclaration. La seule modification apportée, à ce titre, à l'application "Télé IR" consiste à compléter l'article 3 de l'arrêté du 22 mars 2002 afin d'indiquer que le traitement reçoit "du traitement "SIR" les montants des salaires, indemnités journalières de maladie, allocations de chômage, allocations de préretraite et retraites perçus par le contribuable au cours de l'année d'imposition ainsi que des éléments d'identification des tiers déclarants".
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CNILTEXT000017652077_11
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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La Commission a également examiné, à cette occasion, une modification apportée à cette application et ayant pour objet la mise en place de deux nouvelles procédures destinées à faciliter l'accès des usagers au service de déclaration en ligne. La première consiste à proposer au contribuable un "rendez-vous" (jour et plage horaire) pour procéder à sa déclaration en ligne afin de lui garantir un accès au site web du ministère. Comme aujourd'hui lorsqu'il procède à une télédéclaration hors rendez-vous, l'usager devra au préalable obtenir un certificat électronique au moyen de son numéro fiscal, de son numéro de télédéclarant (attribué chaque année et figurant sur l'exemplaire papier de la déclaration des revenus adressée au contribuable) et du revenu fiscal de référence de l'année précédente figurant sur son dernier avis d'imposition. Cette nouvelle procédure, qui est conforme aux exigences de la Commission en matière de sécurité, n'appelle pas d'observation particulière. Dans l'hypothèse où, du fait de la surcharge des serveurs informatiques utilisés, l'administration fiscale ne serait pas en mesure de proposer aux usagers cette procédure de prise de rendez-vous, elle envisage de recourir, sur autorisation du directeur général des impôts, à une procédure de délestage, présentant un caractère exceptionnel et forcément limitée dans le temps. Cette procédure repose sur l'identification de chaque usager au moyen de son numéro fiscal, de son numéro de télédéclarant et de
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Délibération 2006-129 du 9 mai 2006
La Commission a également examiné, à cette occasion, une modification apportée à cette application et ayant pour objet la mise en place de deux nouvelles procédures destinées à faciliter l'accès des usagers au service de déclaration en ligne. La première consiste à proposer au contribuable un "rendez-vous" (jour et plage horaire) pour procéder à sa déclaration en ligne afin de lui garantir un accès au site web du ministère. Comme aujourd'hui lorsqu'il procède à une télédéclaration hors rendez-vous, l'usager devra au préalable obtenir un certificat électronique au moyen de son numéro fiscal, de son numéro de télédéclarant (attribué chaque année et figurant sur l'exemplaire papier de la déclaration des revenus adressée au contribuable) et du revenu fiscal de référence de l'année précédente figurant sur son dernier avis d'imposition. Cette nouvelle procédure, qui est conforme aux exigences de la Commission en matière de sécurité, n'appelle pas d'observation particulière. Dans l'hypothèse où, du fait de la surcharge des serveurs informatiques utilisés, l'administration fiscale ne serait pas en mesure de proposer aux usagers cette procédure de prise de rendez-vous, elle envisage de recourir, sur autorisation du directeur général des impôts, à une procédure de délestage, présentant un caractère exceptionnel et forcément limitée dans le temps. Cette procédure repose sur l'identification de chaque usager au moyen de son numéro fiscal, de son numéro de télédéclarant et de
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CNILTEXT000017652077_12
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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un caractère exceptionnel et forcément limitée dans le temps. Cette procédure repose sur l'identification de chaque usager au moyen de son numéro fiscal, de son numéro de télédéclarant et de son revenu fiscal de référence de l'année précédente, mais permettra cependant de se connecter sans fournir ni certificat électronique, ni login ou mot de passe, ni signature électronique.
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Délibération 2006-129 du 9 mai 2006
un caractère exceptionnel et forcément limitée dans le temps. Cette procédure repose sur l'identification de chaque usager au moyen de son numéro fiscal, de son numéro de télédéclarant et de son revenu fiscal de référence de l'année précédente, mais permettra cependant de se connecter sans fournir ni certificat électronique, ni login ou mot de passe, ni signature électronique.
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CNILTEXT000017652077_15
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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S'agissant des autres caractéristiques des traitements concernés La Commission prend acte que les autres caractéristiques des quatre traitements modifiés ne subissent pas de modifications et que, notamment, les catégories de données à caractère personnel traitées, leurs destinataires et leur durée de conservation restent identiques. De même, les modalités d'exercice, par les intéressés, de leurs droit d'accès et de rectification restent inchangées et s'exercent principalement auprès du centre des impôts dont ils dépendent. La Commission souligne toutefois que les nécessaires adaptations des formulaires de déclaration à la procédure de préremplissage implique, pour l'administration, un effort supplémentaire de clarté dans la conception de ces nouveaux formulaires, d'une part, et d'information en direction des contribuables, d'autre part. Elle recommande en particulier que l'administration fiscale prenne toutes mesures utiles pour renforcer l'information des contribuables sur l'origine des données utilisées pour préremplir les formulaires de déclaration de revenus. La Commission recommande également à l'administration fiscale d'offrir toutes facilités aux contribuables souhaitant, dans le cadre de l'exercice de leur droit d'accès, obtenir communication des informations les concernant et à ceux souhaitant, dans le cadre de l'exercice de leur droit de rectification, faire prendre en compte les modifications ou corrections apportées au formulaire de déclaration
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Délibération 2006-129 du 9 mai 2006
S'agissant des autres caractéristiques des traitements concernés La Commission prend acte que les autres caractéristiques des quatre traitements modifiés ne subissent pas de modifications et que, notamment, les catégories de données à caractère personnel traitées, leurs destinataires et leur durée de conservation restent identiques. De même, les modalités d'exercice, par les intéressés, de leurs droit d'accès et de rectification restent inchangées et s'exercent principalement auprès du centre des impôts dont ils dépendent. La Commission souligne toutefois que les nécessaires adaptations des formulaires de déclaration à la procédure de préremplissage implique, pour l'administration, un effort supplémentaire de clarté dans la conception de ces nouveaux formulaires, d'une part, et d'information en direction des contribuables, d'autre part. Elle recommande en particulier que l'administration fiscale prenne toutes mesures utiles pour renforcer l'information des contribuables sur l'origine des données utilisées pour préremplir les formulaires de déclaration de revenus. La Commission recommande également à l'administration fiscale d'offrir toutes facilités aux contribuables souhaitant, dans le cadre de l'exercice de leur droit d'accès, obtenir communication des informations les concernant et à ceux souhaitant, dans le cadre de l'exercice de leur droit de rectification, faire prendre en compte les modifications ou corrections apportées au formulaire de déclaration
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CNILTEXT000017652077_16
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CNILTEXT000017652077
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DELIBERATION
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VIGUEUR
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Avis
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Délibération 2006-129 du 9 mai 2006
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Délibération portant avis sur les modifications des traitements de la direction générale des impôts rendues nécessaires par la généralisation du processus de préremplissage des déclarations de revenus, quel qu'en soit le support.
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2006-129
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2006-05-09
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les concernant et à ceux souhaitant, dans le cadre de l'exercice de leur droit de rectification, faire prendre en compte les modifications ou corrections apportées au formulaire de déclaration prérempli. Le président, Alex TURK.
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Délibération 2006-129 du 9 mai 2006
les concernant et à ceux souhaitant, dans le cadre de l'exercice de leur droit de rectification, faire prendre en compte les modifications ou corrections apportées au formulaire de déclaration prérempli. Le président, Alex TURK.
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CNILTEXT000017652033_0
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, et notamment son article 25-I-5° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Après avoir entendu M. Jean-Marie COTTERET, commissaire en son rapport et Mme Pascale COMPAGNIE, commissaire du Gouvernement en ses observations ;
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Délibération 2007-023 du 08 février 2007
La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés modifiée par la loi n° 2004-801 du 6 août 2004 relative à la protection des personnes physiques à l'égard des traitements de données à caractère personnel, et notamment son article 25-I-5° ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Après avoir entendu M. Jean-Marie COTTERET, commissaire en son rapport et Mme Pascale COMPAGNIE, commissaire du Gouvernement en ses observations ;
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CNILTEXT000017652033_1
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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Formule les observations suivantes : La mairie de Toulouse a saisi la Commission d'une demande d'autorisation relative à la mise en oeuvre d'un traitement de données à caractère personnel ayant pour finalité la mise en place d'un système d'information géographique à partir des données cadastrales. Cette demande a pour objectif, par rapprochement avec le fichier des logements vacants fourni par le direction générale des impôts, d'analyser la répartition géographique de ces logements sur le territoire de la commune. La Commission considère qu'il y a lieu de faire application des dispositions du 5° du 1 de l'article 25 de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements automatisés ayant pour objet l'interconnexion de fichiers relevant d'une ou de plusieurs personnes morales gérant un service public et dont les finalités correspondent à des intérêts publics différents. Le système d'information géographique envisagé ne relève pas de la décision d'autorisation unique n° 1 en raison de la finalité du traitement envisagé. La seule finalité du système d'information géographique projeté est la cartographie des logements vacants sur le territoire de la commune afin d'entreprendre des actions ciblées de résorption de la vacance de ces logements dans les secteurs géographiques concernés. Cette finalité recouvre : - l'étude des causes de la vacance des logements, par types de propriétaire, de local ou d'affectation ; - la mesure de la durée
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Délibération 2007-023 du 08 février 2007
Formule les observations suivantes : La mairie de Toulouse a saisi la Commission d'une demande d'autorisation relative à la mise en oeuvre d'un traitement de données à caractère personnel ayant pour finalité la mise en place d'un système d'information géographique à partir des données cadastrales. Cette demande a pour objectif, par rapprochement avec le fichier des logements vacants fourni par le direction générale des impôts, d'analyser la répartition géographique de ces logements sur le territoire de la commune. La Commission considère qu'il y a lieu de faire application des dispositions du 5° du 1 de l'article 25 de la loi du 6 janvier 1978 modifiée qui soumet à autorisation les traitements automatisés ayant pour objet l'interconnexion de fichiers relevant d'une ou de plusieurs personnes morales gérant un service public et dont les finalités correspondent à des intérêts publics différents. Le système d'information géographique envisagé ne relève pas de la décision d'autorisation unique n° 1 en raison de la finalité du traitement envisagé. La seule finalité du système d'information géographique projeté est la cartographie des logements vacants sur le territoire de la commune afin d'entreprendre des actions ciblées de résorption de la vacance de ces logements dans les secteurs géographiques concernés. Cette finalité recouvre : - l'étude des causes de la vacance des logements, par types de propriétaire, de local ou d'affectation ; - la mesure de la durée
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CNILTEXT000017652033_2
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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les secteurs géographiques concernés. Cette finalité recouvre : - l'étude des causes de la vacance des logements, par types de propriétaire, de local ou d'affectation ; - la mesure de la durée de la vacance des logements considérés ; - l'analyse de la répartition géographique des logements vacants ; - l'adaptation des actions de la ville afin de réduire la vacance des logements considérés. Les fonctionnalités du traitement projeté se limitent en conséquence : - au tri des informations issues du fichier des logements vacants selon les types de propriétaire (Etat, région, département, commune, HLM, SEM, copropriété...), la valeur locative des logements vacants considérés, leur affectation, l'antériorité de la vacance et le taux d'imposition de la taxe sur la valeur locative ; - au positionnement des logements vacants sur la représentation graphique d'une carte du territoire de la commune en fonction de leur adresse postale ; - à la production de cartes thématiques représentant les logements vacants concernés en fonction des critères déterminés ci-dessus.
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Délibération 2007-023 du 08 février 2007
les secteurs géographiques concernés. Cette finalité recouvre : - l'étude des causes de la vacance des logements, par types de propriétaire, de local ou d'affectation ; - la mesure de la durée de la vacance des logements considérés ; - l'analyse de la répartition géographique des logements vacants ; - l'adaptation des actions de la ville afin de réduire la vacance des logements considérés. Les fonctionnalités du traitement projeté se limitent en conséquence : - au tri des informations issues du fichier des logements vacants selon les types de propriétaire (Etat, région, département, commune, HLM, SEM, copropriété...), la valeur locative des logements vacants considérés, leur affectation, l'antériorité de la vacance et le taux d'imposition de la taxe sur la valeur locative ; - au positionnement des logements vacants sur la représentation graphique d'une carte du territoire de la commune en fonction de leur adresse postale ; - à la production de cartes thématiques représentant les logements vacants concernés en fonction des critères déterminés ci-dessus.
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CNILTEXT000017652033_3
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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Les catégories de données à caractère personnel collectées et traitées sont uniquement le nom du propriétaire du logement, l'adresse postale et les caractéristique de ce dernier. Les cartes évoquées seront uniquement produites à partir de l'adresse postale du logement et du type de propriétaire du bien (sous la forme : logements vacants de la mairie, logements vacants de l' OPAC ou logements vacants du parc privé). Dans le cadre de la présente décision d'autorisation, les données collectées et traitées ne pourront pas faire l'objet d'autres traitements, ni être intégrées dans d'autres fichiers, ni faire l'objet d'interconnexions, de rapprochements ou de tout autre forme de mise en relation avec d'autres traitements que ceux autorisés à alimenter le système d'information géographique envisagé. Le nom du propriétaire du logement vacant, lorsqu'il s'agit d'une personne physique, qui figure dans le fichier transmis par la direction générale des impôts, servira uniquement à lui adresser les courriers précités par la norme simplifiée n° 49 concernant les traitements automatisés mis en oeuvre par les collectivités locales et leurs groupements dotés d'une fiscalité propre aux fins de la lutte contre la vacance des logements et qu'en conséquence, la déclaration préalablement faite par référence à cette norme sera supprimée. L'exploitation de ce fichier sera effectuée dans le cadre des mesures de sécurité et de confidentialité prévues par la norme simplifiée n° 49. Les
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Délibération 2007-023 du 08 février 2007
Les catégories de données à caractère personnel collectées et traitées sont uniquement le nom du propriétaire du logement, l'adresse postale et les caractéristique de ce dernier. Les cartes évoquées seront uniquement produites à partir de l'adresse postale du logement et du type de propriétaire du bien (sous la forme : logements vacants de la mairie, logements vacants de l' OPAC ou logements vacants du parc privé). Dans le cadre de la présente décision d'autorisation, les données collectées et traitées ne pourront pas faire l'objet d'autres traitements, ni être intégrées dans d'autres fichiers, ni faire l'objet d'interconnexions, de rapprochements ou de tout autre forme de mise en relation avec d'autres traitements que ceux autorisés à alimenter le système d'information géographique envisagé. Le nom du propriétaire du logement vacant, lorsqu'il s'agit d'une personne physique, qui figure dans le fichier transmis par la direction générale des impôts, servira uniquement à lui adresser les courriers précités par la norme simplifiée n° 49 concernant les traitements automatisés mis en oeuvre par les collectivités locales et leurs groupements dotés d'une fiscalité propre aux fins de la lutte contre la vacance des logements et qu'en conséquence, la déclaration préalablement faite par référence à cette norme sera supprimée. L'exploitation de ce fichier sera effectuée dans le cadre des mesures de sécurité et de confidentialité prévues par la norme simplifiée n° 49. Les
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CNILTEXT000017652033_4
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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par référence à cette norme sera supprimée. L'exploitation de ce fichier sera effectuée dans le cadre des mesures de sécurité et de confidentialité prévues par la norme simplifiée n° 49. Les données enregistrées ne pourront être utilisées à des fins de démarchage politique, électoral ou commercial. Conformément aux dispositions de l'article 32 de la loi du 6 janvier 1978 modifiée, les personnes concernées seront informées de la finalité du traitement, des catégories de données traitées, du service ayant accès à l'application et de l'existence de leurs droits au moyen d'une mention d'information figurant sur les courriers qui leur seront adressés et par tout autre moyen (publication d'un communiqué dans les journaux municipaux ou la presse locale des communes concernées, affichage administratif ...) s'agissant de la réalisation des cartes anonymes. Le droit d'accès défini au chapitre V de la loi s'exercera auprès du service "Mission Ville Habitat" de la mairie de Toulouse (1 place du Capitole - 31000 TOULOUSE). Les personnes autorisées à accéder au système d'information géographique seront, dans la limite de leurs attributions respectives et pour l'exercice de la finalité précitée, les personnels habilités du "Mission Ville Habitat" de la mairie de Toulouse. Les agents habilités ne devront accéder qu'aux données dont ils font un usage habituel. Des niveaux de consultation différents seront définis à cette fin. L'accès au système d'information géographique se
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Délibération 2007-023 du 08 février 2007
par référence à cette norme sera supprimée. L'exploitation de ce fichier sera effectuée dans le cadre des mesures de sécurité et de confidentialité prévues par la norme simplifiée n° 49. Les données enregistrées ne pourront être utilisées à des fins de démarchage politique, électoral ou commercial. Conformément aux dispositions de l'article 32 de la loi du 6 janvier 1978 modifiée, les personnes concernées seront informées de la finalité du traitement, des catégories de données traitées, du service ayant accès à l'application et de l'existence de leurs droits au moyen d'une mention d'information figurant sur les courriers qui leur seront adressés et par tout autre moyen (publication d'un communiqué dans les journaux municipaux ou la presse locale des communes concernées, affichage administratif ...) s'agissant de la réalisation des cartes anonymes. Le droit d'accès défini au chapitre V de la loi s'exercera auprès du service "Mission Ville Habitat" de la mairie de Toulouse (1 place du Capitole - 31000 TOULOUSE). Les personnes autorisées à accéder au système d'information géographique seront, dans la limite de leurs attributions respectives et pour l'exercice de la finalité précitée, les personnels habilités du "Mission Ville Habitat" de la mairie de Toulouse. Les agents habilités ne devront accéder qu'aux données dont ils font un usage habituel. Des niveaux de consultation différents seront définis à cette fin. L'accès au système d'information géographique se
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CNILTEXT000017652033_5
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CNILTEXT000017652033
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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habilités ne devront accéder qu'aux données dont ils font un usage habituel. Des niveaux de consultation différents seront définis à cette fin. L'accès au système d'information géographique se fera au moyen d'un identifiant et d'un mot de passe individuel, régulièrement renouvelé. La mise à jour des données cadastrales et de celles issues du fichier des logements vacants sera annuelle.
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Délibération 2007-023 du 08 février 2007
habilités ne devront accéder qu'aux données dont ils font un usage habituel. Des niveaux de consultation différents seront définis à cette fin. L'accès au système d'information géographique se fera au moyen d'un identifiant et d'un mot de passe individuel, régulièrement renouvelé. La mise à jour des données cadastrales et de celles issues du fichier des logements vacants sera annuelle.
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CNILTEXT000017652033_6
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CNILTEXT000017652033
| 6 |
DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-023 du 08 février 2007
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Délibération autorisant la mairie de Toulouse à mettre en oeuvre un traitement automatisé de données à caractère personnel comportant un système d'information géographique à partir des données cadastrales.
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2007-023
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2007-02-08
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Dans ces conditions, la Commission autorise la ville de Toulouse à mettre en oeuvre un traitement de données à caractère personnel ayant pour finalité la mise en place d'un système d'information géographique à partir des données cadastrales. Le président, Alex TURK.
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Délibération 2007-023 du 08 février 2007
Dans ces conditions, la Commission autorise la ville de Toulouse à mettre en oeuvre un traitement de données à caractère personnel ayant pour finalité la mise en place d'un système d'information géographique à partir des données cadastrales. Le président, Alex TURK.
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CNILTEXT000017652051_0
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CNILTEXT000017652051
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-274 du 20 septembre 2007
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Délibération autorisant la mise en oeuvre par la société GE Energy Products France SNC d'un transfert de données à caractère personnel hors de l'Union Européenne.
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2007-274
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2007-09-20
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La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et à la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifié par le décret n° 2007-451 du 25 mars 2007, et notamment son article 103 ; Sur le rapport de M. Hubert BOUCHET, commissaire et les observations de Mme Pascale COMPAGNIE, commissaire du gouvernement ; Autorise, dans les conditions figurant dans le tableau ci-dessous, la société GE Energy Products France SNC à mettre en oeuvre un transfert de données à caractère personnel hors de l'Union Européenne.
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Délibération 2007-274 du 20 septembre 2007
La Commission nationale de l'informatique et des libertés, Vu la Convention n° 108 du Conseil de l'Europe pour la protection des personnes à l'égard du traitement automatisé des données à caractère personnel ; Vu la directive 95/46/CE du Parlement européen et du Conseil du 24 octobre 1995 relative à la protection des personnes physiques à l'égard du traitement de données à caractère personnel et à la libre circulation de ces données ; Vu la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifiée par la loi n° 2004-801 du 6 août 2004 ; Vu le décret n° 2005-1309 du 20 octobre 2005 pris pour l'application de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, modifié par le décret n° 2007-451 du 25 mars 2007, et notamment son article 103 ; Sur le rapport de M. Hubert BOUCHET, commissaire et les observations de Mme Pascale COMPAGNIE, commissaire du gouvernement ; Autorise, dans les conditions figurant dans le tableau ci-dessous, la société GE Energy Products France SNC à mettre en oeuvre un transfert de données à caractère personnel hors de l'Union Européenne.
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CNILTEXT000017652051_1
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CNILTEXT000017652051
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DELIBERATION
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VIGUEUR
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Autre autorisation
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Délibération 2007-274 du 20 septembre 2007
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Délibération autorisant la mise en oeuvre par la société GE Energy Products France SNC d'un transfert de données à caractère personnel hors de l'Union Européenne.
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2007-274
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2007-09-20
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Société responsable du transfert GE Energy Products France SNC Finalité du transfert : Centralisation de la gestion de l'activité des bureaux d'études des départements Engineering de la division GE Energy Catégories de données transférées : Données d'identification (nom, prénom...) Vie professionnelle Identité(s) du(des) destinataire(s) : Managers, managers ressources humaines et employés de la société GE Infrastructure Energy Pays d'établissement du(des) destinataire(s) : Etats-Unis Service auprès duquel s'exerce le droit d'accès des personnes concernées : GE Energy products France SNC 20 avenue du Maréchal Juin BP 379 90007 Belfort Cedex Nature des garanties mises en oeuvre par le destinataire des données pour assurer un niveau de protection suffisant au regard de la protection des données transférées : - GE General Security Methods - Binding corporate rules de GE approuvées par la CNIL le 20 octobre 2005 (cf. courrier de la CNIL). - Règles spécifiques à l'application Kronos (cf. annexe sécurité) - Master service agreement avec la société Patni Computer Systems Limited qui assure le support et la maintenance de cette application (cf. annexe) et sans accès à des données personnelles réelles Le Président Alex TURK
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Délibération 2007-274 du 20 septembre 2007
Société responsable du transfert GE Energy Products France SNC Finalité du transfert : Centralisation de la gestion de l'activité des bureaux d'études des départements Engineering de la division GE Energy Catégories de données transférées : Données d'identification (nom, prénom...) Vie professionnelle Identité(s) du(des) destinataire(s) : Managers, managers ressources humaines et employés de la société GE Infrastructure Energy Pays d'établissement du(des) destinataire(s) : Etats-Unis Service auprès duquel s'exerce le droit d'accès des personnes concernées : GE Energy products France SNC 20 avenue du Maréchal Juin BP 379 90007 Belfort Cedex Nature des garanties mises en oeuvre par le destinataire des données pour assurer un niveau de protection suffisant au regard de la protection des données transférées : - GE General Security Methods - Binding corporate rules de GE approuvées par la CNIL le 20 octobre 2005 (cf. courrier de la CNIL). - Règles spécifiques à l'application Kronos (cf. annexe sécurité) - Master service agreement avec la société Patni Computer Systems Limited qui assure le support et la maintenance de cette application (cf. annexe) et sans accès à des données personnelles réelles Le Président Alex TURK
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