This letter is to inform teachers, principals and principals, the fact that many complaints are being filed in France against any Base students and remind them of their responsibility in the collection of data stored in Base students (BE1D) and the National Student IDs (BNIE).
We remind you briefly that pupils Base (BE1D), the high national id (INE) and the National Student IDs (BNIE) are more than simple tools student management. They can trace the educational pathways can be exploited by other jurisdictions covered under the shared secret, open the door to many future interconnections, and put in place a mass registration and tracking of citizens from the age of three years without assessing the consequences, without debate, in a context of increasingly secure the files and the connections between files are multiplying at an alarming rate, and are put in place under threat and sanctions.
Teachers, principals and school
The CNRBE (National Collective Resistance Students at Basic) wishes to inform you that it has initiated with the SAF (Syndicat des Avocats de France) the implementation of a criminal complaint filed against X by parents, which lists various violations of the laws and conventions the protection of privacy, human rights and child in the context of the implementation of Basic students. Many complaints have been filed in several cities in France. The floors of Marseille Millau have opened a preliminary inquiry entrusted to the police or gendarmerie. It is likely that an investigation be opened in every town complaints have been filed.
This complaint is not with the principals of schools. We can also read:
"In the course of your investigation, you can usefully ask the Ministers of Education, the chief education of the spring, the academy inspectors and inspectors of the spring of Education officials illegally collecting data in question over the years and prosecute those responsible within the rules of prescription.
It goes without saying that principals can not be criminally responsible for those actions which they participated under duress from their hierarchy and under the threat of sanctions that have sometimes been taken for the bravest of them.
They are protected from criminal prosecution under Articles 122-2 and 122-4 of the Penal Code. "
However, it is our duty to remind you that entering data in Base students, many principals of schools participating in an illegal collection of personal data:
1) collection Data was and is still done often in the absence of information given to children, parents and relatives, in breach of Article 6 of Law No. 78-17 of 6 January 1978 relating to data, files and freedoms which states:
"treatment does may apply only to personal data that meet the following conditions: 1 °
Data are collected and processed fairly and lawfully; "
2) Section 32 of the Act provides:
" I. - The person from whom are collected the personal data concerning him shall be informed, unless it has been in advance by the controller or his representative:
1 ° the identity of the controller and, where appropriate, that of his representative;
2 ° the objective pursued by the treatment to which the data are intended ;
3 of the mandatory or optional responses;
4 ° consequences, in respect of a failure to reply;
5 ° recipients or categories of recipients; 6 °
rights it maintains the provisions of Section 2 of this chapter;
When such data are collected through questionnaires, they shall state the requirements set out in paragraphs 1, 2, 3 and 6. "
The Ministry of Education has not provided information for children, parents and relatives as provided in this article.
3) The personal data, to be stored for 35 years, were collected in the Base Students and Pupils Base National Identifiers (BNIE) from fact sheets of common back which did not mention the treatment computer, then from fact sheets that did not mention nor the purposes of treatment, either mandatory or optional answers, nor the recipients (mayor, district inspector and inspector of schools) or access rights to the NEI and AI.
4) The fact sheets provided by the NDE to be completed by the parents for the 2008/2009 school year include numerous irregularities:
- They contain no mention of treatment BNIE.
- They do not appear to share data with the district inspector and Inspector of Schools and specify the same frontline " useful information to management principal" .
- They do not mention all the purposes of treatment, including research of children by example, however, contained in the declaration to the CNIL of December 24, 2004 under the decree of October 20, 2008.
- They limit the principal the opportunity to assert the right of access, not to mention the possibility of access to the NEI of the district or to the IA, while Article 8 Order of the mentions.
- No information provided for relatives of children whose personal data may be processed into high base, "people to call in an emergency and / or authorized to take the child to exit " .
5) In this period of enrollment for the 2009 academic year, the fact sheets are distributed to parents and some do not always mention the purposes of treatment, or the mandatory or optional answers, nor recipients of data or access rights to the NEI and AI. Are also distributed old records that do not mention the computer processing and that can not be used to educate high base.
The National Collective Resistance Base Students wished you connect all these elements so you can measure how the government get involved in this illegal collection of personal data.
the eyes of various articles of the law above, we offer arguments put forward for refusing to participate in an illegal collection of personal data, even if it contradicts directed by your superiors.
You can also, if you are principals or school, join the 190 principals of schools that signed the appeal to civic resistance against the indexing of children.
http://www.ldh-toulon.net/spip.php?article2964
Sincerely, The Collective
National Resistance Base Students, May 7, 2009.
base-eleves@orange.fr
http://retraitbaseeleves.wordpress.com
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