General conditions for the members of the supervisory authority. 1. Pour la surveillance de la sieste, on considère qu'il y a une "tolérance" si l'enseignante est dans la salle attenante et que la porte reste ouverte vers la salle de sieste (cela permet à l'enseignant de s'occuper des élèves qui ne dorment pas ou de prendre des plus grands en décloisonnement). any other information requested by the supervisory authority. 1. The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law. In that case, the urgent need to act under Article 66(1) shall be presumed to be met and require an urgent binding decision from the Board pursuant to Article 66(2). 6. The processor shall not engage another processor without prior specific or general written authorisation of the controller. Natural persons should be made aware of risks, rules, safeguards and rights in relation to the processing of personal data and how to exercise their rights in relation to such processing. The extraterritorial application of those laws, regulations and other legal acts may be in breach of international law and may impede the attainment of the protection of natural persons ensured in the Union by this Regulation. The application of such mechanism should be a condition for the lawfulness of a measure intended to produce legal effects by a supervisory authority in those cases where its application is mandatory. 4. In order to demonstrate compliance with this Regulation, the controller or processor should maintain records of processing activities under its responsibility. (21)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Être Harry Potter n’a jamais été facile et ne l’est pas davantage depuis qu’il est un employé surmené du Ministère de la Magie, marié et père de trois enfants. The Commission should adopt immediately applicable implementing acts where available evidence reveals that a third country, a territory or a specified sector within that third country, or an international organisation does not ensure an adequate level of protection, and imperative grounds of urgency so require. 4. To take account of the specific situation of micro, small and medium-sized enterprises, this Regulation includes a derogation for organisations with fewer than 250 employees with regard to record-keeping. The supervisory authority shall communicate those lists to the Board referred to in Article 68. 8. The controller shall seek the advice of the data protection officer, where designated, when carrying out a data protection impact assessment. The Commission shall designate a representative. However, the absence of a reaction of the supervisory authority within that period should be without prejudice to any intervention of the supervisory authority in accordance with its tasks and powers laid down in this Regulation, including the power to prohibit processing operations. In automated filing systems, the restriction of processing should in principle be ensured by technical means in such a manner that the personal data are not subject to further processing operations and cannot be changed. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health. 6. Derogations from the general prohibition for processing such special categories of personal data should be explicitly provided, inter alia, where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms. The supervisory authorities shall also transmit those requirements and criteria to the Board. Information to be provided where personal data are collected from the data subject. It shall inform the competent supervisory authority of such actions and the reasons for taking them. The Member States, the supervisory authorities, the Board and the Commission shall encourage, in particular at Union level, the establishment of data protection certification mechanisms and of data protection seals and marks, for the purpose of demonstrating compliance with this Regulation of processing operations by controllers and processors. Member States may provide that any body, organisation or association referred to in paragraph 1 of this Article, independently of a data subject's mandate, has the right to lodge, in that Member State, a complaint with the supervisory authority which is competent pursuant to Article 77 and to exercise the rights referred to in Articles 78 and 79 if it considers that the rights of a data subject under this Regulation have been infringed as a result of the processing. Those differences may therefore constitute an obstacle to the pursuit of economic activities at the level of the Union, distort competition and impede authorities in the discharge of their responsibilities under Union law. Le brevet professionnel ; Les CAP, BE. The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. The explicit introduction of ‘pseudonymisation’ in this Regulation is not intended to preclude any other measures of data protection. It should cooperate with the other authorities concerned, because the controller or processor has an establishment on the territory of their Member State, because data subjects residing on their territory are substantially affected, or because a complaint has been lodged with them. The decision should be agreed jointly by the lead supervisory authority and the supervisory authorities concerned and should be directed towards the main or single establishment of the controller or processor and be binding on the controller and processor. Any comprehensive register of criminal convictions shall be kept only under the control of official authority. Where the lead supervisory authority decides to handle the case, the procedure provided in Article 60 shall apply. The Commission should monitor the functioning of decisions on the level of protection in a third country, a territory or specified sector within a third country, or an international organisation, and monitor the functioning of decisions adopted on the basis of Article 25(6) or Article 26(4) of Directive 95/46/EC. During their term of office, that duty of professional secrecy shall in particular apply to reporting by natural persons of infringements of this Regulation. A controller should not retain personal data for the sole purpose of being able to react to potential requests. Therefore, this Regulation should provide for harmonised conditions for the processing of special categories of personal data concerning health, in respect of specific needs, in particular where the processing of such data is carried out for certain health-related purposes by persons subject to a legal obligation of professional secrecy. La mise en place de mesures ministérielles et les opérations annuelles de gestion font l'objet de textes réglementaires publiés dans des BO spéciaux. A data subject should have the right to have personal data concerning him or her rectified and a ‘right to be forgotten’ where the retention of such data infringes this Regulation or Union or Member State law to which the controller is subject. The final decision of the supervisory authorities concerned shall be adopted under the terms of Article 60(7), (8) and (9). Synology Surveillance Station is an NVR (network video recorder) system to safeguard security through IP camera monitoring. Also where a data subject not residing in that Member State has lodged a complaint, the supervisory authority with which such complaint has been lodged should also be a supervisory authority concerned. Boost productivity. Provisions should be made for the possibility for transfers in certain circumstances where the data subject has given his or her explicit consent, where the transfer is occasional and necessary in relation to a contract or a legal claim, regardless of whether in a judicial procedure or whether in an administrative or any out-of-court procedure, including procedures before regulatory bodies. 3. Quand vient le temps de rentrer en classe, l’organisation est de mise. Statistical purposes mean any operation of collection and the processing of personal data necessary for statistical surveys or for the production of statistical results. 2. The processor and any person acting under the authority of the controller or of the processor, who has access to personal data, shall not process those data except on instructions from the controller, unless required to do so by Union or Member State law. To ensure compliance with the requirements of this Regulation in respect of the processing to be carried out by the processor on behalf of the controller, when entrusting a processor with processing activities, the controller should use only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organisational measures which will meet the requirements of this Regulation, including for the security of processing. Directive 95/46/EC is repealed with effect from 25 May 2018. Références : loi du 28 mars 1882 mod. A processor shall be liable for the damage caused by processing only where it has not complied with obligations of this Regulation specifically directed to processors or where it has acted outside or contrary to lawful instructions of the controller. 1. Such types of processing operations may be those which in, particular, involve using new technologies, or are of a new kind and where no data protection impact assessment has been carried out before by the controller, or where they become necessary in the light of the time that has elapsed since the initial processing. The supervisory authority with which a complaint has been lodged shall inform the complainant on the decision. That Member State should in particular designate the supervisory authority which functions as a single contact point for the effective participation of those authorities in the mechanism, to ensure swift and smooth cooperation with other supervisory authorities, the Board and the Commission. 2. Such high risk is likely to result from certain types of processing and the extent and frequency of processing, which may result also in a realisation of damage or interference with the rights and freedoms of the natural person. When consulting the supervisory authority pursuant to paragraph 1, the controller shall provide the supervisory authority with: where applicable, the respective responsibilities of the controller, joint controllers and processors involved in the processing, in particular for processing within a group of undertakings; the purposes and means of the intended processing; the measures and safeguards provided to protect the rights and freedoms of data subjects pursuant to this Regulation; where applicable, the contact details of the data protection officer; the data protection impact assessment provided for in Article 35; and. I’m told that’s the best […] The Board shall take decisions by a simple majority of its members, unless otherwise provided for in this Regulation. 1. Regulation (EC) No 45/2001 and other Union legal acts applicable to such processing of personal data should be adapted to the principles and rules established in this Regulation and applied in the light of this Regulation. In particular, that Directive should not apply to documents to which access is excluded or restricted by virtue of the access regimes on the grounds of protection of personal data, and parts of documents accessible by virtue of those regimes which contain personal data the re-use of which has been provided for by law as being incompatible with the law concerning the protection of natural persons with regard to the processing of personal data. 2. 1. Automated decision-making and profiling based on special categories of personal data should be allowed only under specific conditions. In applying the consistency mechanism, the Board should, within a determined period of time, issue an opinion, if a majority of its members so decides or if so requested by any supervisory authority concerned or the Commission. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge. En élémentaire, l'article D321-12 du Code de l'éducation précise que « le service de surveillance pendant les récréations est réparti entre les maîtres en conseil des maîtres sous l'autorité du directeur de l'école ». New impeachment documents show more texts about possible surveillance of former US ambassador to Ukraine By Jeremy Herb and Manu Raju , CNN Updated 11:18 AM ET, … Get started and learn more about Synology's great features! A consultation of the supervisory authority should also take place in the course of the preparation of a legislative or regulatory measure which provides for the processing of personal data, in order to ensure compliance of the intended processing with this Regulation and in particular to mitigate the risk involved for the data subject. 1. La récréation du matin, comme celle de l'après-midi, doit être placée de manière à rythmer la demi-journée . 1. Insert free text, CELEX number or descriptors. 5. This Regulation respects all fundamental rights and observes the freedoms and principles recognised in the Charter as enshrined in the Treaties, in particular the respect for private and family life, home and communications, the protection of personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to conduct a business, the right to an effective remedy and to a fair trial, and cultural, religious and linguistic diversity. EUROPA; EUR-Lex home; EUR-Lex - 32016R0679 - EN Document 32016R0679. The requested supervisory authority shall not refuse to comply with the request unless: it is not competent for the subject-matter of the request or for the measures it is requested to execute; or. The examination procedure should be used for the adoption of implementing acts on standard contractual clauses between controllers and processors and between processors; codes of conduct; technical standards and mechanisms for certification; the adequate level of protection afforded by a third country, a territory or a specified sector within that third country, or an international organisation; standard protection clauses; formats and procedures for the exchange of information by electronic means between controllers, processors and supervisory authorities for binding corporate rules; mutual assistance; and arrangements for the exchange of information by electronic means between supervisory authorities, and between supervisory authorities and the Board. Where the data subject has given consent or the processing is based on Union or Member State law which constitutes a necessary and proportionate measure in a democratic society to safeguard, in particular, important objectives of general public interest, the controller should be allowed to further process the personal data irrespective of the compatibility of the purposes. The designated representative should be subject to enforcement proceedings in the event of non-compliance by the controller or processor. That mechanism should in particular apply where a supervisory authority intends to adopt a measure intended to produce legal effects as regards processing operations which substantially affect a significant number of data subjects in several Member States. Such controllers or processors shall make binding and enforceable commitments, via contractual or other legally binding instruments, to apply those appropriate safeguards including with regard to the rights of data subjects. The controller should inform the supervisory authority and the data subject about the transfer. In order to facilitate scientific research, personal data can be processed for scientific research purposes, subject to appropriate conditions and safeguards set out in Union or Member State law. Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. The controller or the processor and, where applicable, the controller's or the processor's representative, shall make the record available to the supervisory authority on request. Member States may maintain or introduce more specific provisions to adapt the application of the rules of this Regulation with regard to processing for compliance with points (c) and (e) of paragraph 1 by determining more precisely specific requirements for the processing and other measures to ensure lawful and fair processing including for other specific processing situations as provided for in Chapter IX. Logiciels zoom editions jocatop. It shall not affect the validity of any delegated acts already in force. L'organisation du temps scolaire est une compétence du conseil d'administration (article R. 421-2 du code de l'éducation), dont les décisions en la matière sont mises en œuvre par le chef d'établissement (article R. 421-9). 1. Such mechanisms shall include data protection audits and methods for ensuring corrective actions to protect the rights of the data subject. Without prejudice to this right under Article 263 TFEU, each natural or legal person should have an effective judicial remedy before the competent national court against a decision of a supervisory authority which produces legal effects concerning that person. Adherence to an approved code of conduct as referred to in Article 40 or an approved certification mechanism as referred to in Article 42 may be used as an element by which to demonstrate compliance with the requirements set out in paragraph 1 of this Article. 2. Member States may provide by law for a lower age for those purposes provided that such lower age is not below 13 years. Challenges of Maritime Surveillance. Tout dépend si l’enseignant lui-même change de salle ou pas. Those measures should take into account the nature, scope, context and purposes of the processing and the risk to the rights and freedoms of natural persons. Such a decision concerns in particular the exercise of investigative, corrective and authorisation powers by the supervisory authority or the dismissal or rejection of complaints. The principles of fair and transparent processing require that the data subject be informed of the existence of the processing operation and its purposes. Where a joint operation is intended and a supervisory authority does not, within one month, comply with the obligation laid down in the second sentence of paragraph 2 of this Article, the other supervisory authorities may adopt a provisional measure on the territory of its Member State in accordance with Article 55. 3. Data controllers should be encouraged to develop interoperable formats that enable data portability. 1. Where administrative fines are imposed on an undertaking, an undertaking should be understood to be an undertaking in accordance with Articles 101 and 102 TFEU for those purposes. The accreditation of certification bodies as referred to in paragraphs 1 and 2 of this Article shall take place on the basis of criteria approved by the supervisory authority which is competent pursuant to Article 55 or 56 or by the Board pursuant to Article 63. Le Bulletin officiel de l'éducation nationale publie des actes administratifs : décrets, arrêtés, notes de service, etc. Applications Linguee . Research results obtained through registries provide solid, high-quality knowledge which can provide the basis for the formulation and implementation of knowledge-based policy, improve the quality of life for a number of people and improve the efficiency of social services. Every data subject should have the right to lodge a complaint with a single supervisory authority, in particular in the Member State of his or her habitual residence, and the right to an effective judicial remedy in accordance with Article 47 of the Charter if the data subject considers that his or her rights under this Regulation are infringed or where the supervisory authority does not act on a complaint, partially or wholly rejects or dismisses a complaint or does not act where such action is necessary to protect the rights of the data subject. Aucun argument nutritionnel ne justifie la collation matinale de 10. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. 4. The processing of personal data for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes should be subject to appropriate safeguards for the rights and freedoms of the data subject pursuant to this Regulation. In particular, delegated acts should be adopted in respect of criteria and requirements for certification mechanisms, information to be presented by standardised icons and procedures for providing such icons. At the latest at the time of the first communication with the data subject, the right referred to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and shall be presented clearly and separately from any other information. The essence of the arrangement shall be made available to the data subject. 2. Where the icons are presented electronically they shall be machine-readable. Adherence to approved codes of conduct as referred to in Article 40 or approved certification mechanisms as referred to in Article 42 may be used as an element by which to demonstrate compliance with the obligations of the controller. Supervisory authorities and the Commission shall, without undue delay, communicate by electronic means to the Board, using a standardised format any relevant information, including as the case may be a summary of the facts, the draft decision, the grounds which make the enactment of such measure necessary, and the views of other supervisory authorities concerned. Member States may specify other tasks related to the protection of personal data under this Regulation. The data protection officer may act for such associations and other bodies representing controllers or processors. 5. The data subject shall have the right to withdraw his or her consent at any time. La circulaire du Rectorat et de l'Agence régionale de Santé sur la collation à l'école (nov. 2016) La circulaire départementa La collation matinale à l'école n'est ni systématique ni obligatoire. Bien qu’il ne relève pas du service des ATSEM d’être de surveillance de cour de récréation, en cas de nécessité, il reste possible de leur demander de participer afin d’éviter toute rupture de surveillance. In such cases the only supervisory authority competent to exercise the powers conferred to it in accordance with this Regulation should be the supervisory authority of the Member State where the public authority or private body is established. Le directeur d'école veille à la bonne marche de l'école et au respect de la réglementation qui lui est applicable. NVR. The rules on the lead supervisory authority and the one-stop-shop mechanism should not apply where the processing is carried out by public authorities or private bodies in the public interest. The Commission shall have the right to participate in the activities and meetings of the Board without voting right. 7. To determine whether a natural person is identifiable, account should be taken of all the means reasonably likely to be used, such as singling out, either by the controller or by another person to identify the natural person directly or indirectly. - Le personnel à l'intérieur du réfectoire sera équipé de masque, blouse, gants. En fonction des réalités locales, on pourra proposer : n Matin : une récréation … 3. The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest. 2. 4. In addition to the information referred to in paragraph 1, the controller shall, at the time when personal data are obtained, provide the data subject with the following further information necessary to ensure fair and transparent processing: the period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period; the existence of the right to request from the controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability; where the processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal; the right to lodge a complaint with a supervisory authority; whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject. Textes de références . 4. To strengthen the right to be forgotten in the online environment, the right to erasure should also be extended in such a way that a controller who has made the personal data public should be obliged to inform the controllers which are processing such personal data to erase any links to, or copies or replications of those personal data. Member States shall provide for each member of their supervisory authorities to be appointed by means of a transparent procedure by: an independent body entrusted with the appointment under Member State law. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities. 2. The legitimate interests of a controller, including those of a controller to which the personal data may be disclosed, or of a third party, may provide a legal basis for processing, provided that the interests or the fundamental rights and freedoms of the data subject are not overriding, taking into consideration the reasonable expectations of data subjects based on their relationship with the controller. Where, in a certain set of personal data, more than one data subject is concerned, the right to receive the personal data should be without prejudice to the rights and freedoms of other data subjects in accordance with this Regulation. In any event, transfers to third countries and international organisations may only be carried out in full compliance with this Regulation. However, where they are joined to the same judicial proceedings, in accordance with Member State law, compensation may be apportioned according to the responsibility of each controller or processor for the damage caused by the processing, provided that full and effective compensation of the data subject who suffered the damage is ensured. Finden Sie verlässliche Übersetzungen von Wörter und Phrasen in unseren umfassenden Wörterbüchern und durchsuchen Sie Milliarden von Online-Übersetzungen.