Ple emploi International Affairs Division TAIEX Workshop on

Pôle emploi International Affairs Division TAIEX Workshop on Inter-Sectoral Governance for effective employment and social policy making DATA MANAGEMENT Belgrade, 24 February 2016

DATA MANAGEMENT 1. A protective French legal context since 1978 2. Data exchange contribute to better support 3. Protecting and securing personal data sharing within Pôle emploi 4. Ongoing work and perspectives Pôle emploi – 24. 02. 2016 – p. 2

1. A protective French legal context since 1978 → The collection of personal data by any means whatsoever, under paper shape or under dematerialized shape, has to lead every public organization to guarantee to the concerned people the right for the information, for the confidentiality and for the safety of the data, the access right in their data and of rectification of these. → In France, the principal law regulating data protection in France is the law n° 78 -17 of 6 January 1978 on data processing, data files and individual liberties and the directive 95/46/EC on data protection, implemented into French law (the Data Protection Law). The Commission nationale de l'informatique et des libertés (CNIL = French Data Protection Authority) has responsibility to enforce the Data Protection Law and has the power to pronounce various sanctions. It is an independent administrative regulatory body whose mission is to ensure that data privacy law is applied to the collection, storage, and use of personal data. Pôle emploi – 24. 02. 2016 – p. 3

1. French definition of personal data → According to the French law, personal data means any information relating to an identified or identifiable individual; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number (e. g. social security number) or one or more factors specific to his physical, physiological, mental, economic, cultural or social identity (e. g. name and first name, date of birth, biometrics data, fingerprints, DNA…) → To define personal data, account must be taken of all the means available to the “data controller” to determine whether a person is identifiable. Personal data are any anonymous data that can be double checked to identify a specific individual (e. g. fingerprints, DNA, or information number). For unemployed people is the NIR* that is used (*numéro d’inscription au répertoire des personnes physiques / number of inscription into the national directory of identification of the individuals)). Pôle emploi – 24. 02. 2016 – p. 4

1. Personal data collection under 3 conditions → Lawfulness : the data shall be obtained and processed fairly and lawfully, for specified, explicit and legitimate purposes, and shall not subsequently be processed in a manner that is incompatible with those purposes. → Loyalty : “Processing of personal data must have received the consent of the data subject or must meet one some conditions. Any individual providing proof of identity may ask the data controller to, as the case may be, rectify, complete, update, block or delete personal data relating to them that are inaccurate, incomplete, equivocal, expired”. → Guarantee the rights of the people : « the collection and processing of personal data that reveals, directly or indirectly, the racial and ethnic origins, the political, philosophical, religious opinions or trade union affiliation of persons, or which concern their health or sexual life, is prohibited. ” The exercise of these rights allows every person, customer or agent, to obtain (in application of the law ) elements of information so guaranteeing the defense of its rights. Pôle emploi has a special “IT and Freedom correspondent “(CIL) who has the responsibility to enforce the law in a independent way. Pôle emploi – 24. 02. 2016 – p. 5

2. Data exchange contribute to better support → Two main standards organize the exchanges within the public and social spheres: The RGI (general reference table of interoperability) and INTEROPS (standard of interoperability of the bodies of social protection) → Each job seeker has a registration number into the national directory of identification of the individuals = NIR. → Each entreprise has a Company Registration Number = SIRET (System of identification of the directory of establishments) → Concerning companies, public institutions (ACOSS + MSA) supply to Pôle emploi the preliminary statements in the hiring ( DPAE – Declaration prior to hiring) which are connected via the NIR of the applicant or the SIRET of the company in Pôle emploi’s files. Pôle emploi receives yearly over 40 million DPAE. Pôle emploi – 24. 02. 2016 – p. 6

2 - Data can be exchanged with partners about… Unemployment benefits Registration of jobseekers Global support (for people who combined social and works problems) Digital services Pôle emploi – 24. 02. 2016 – p. 7 Job search Vocational Training Guidance

2. Example of DUDE, the jobseeker unique file system → Established by the law n° 2005 -32 of 18 january 2005, the DUDE is a support of exchanges of personal data relative to the job-seekers. → It is accessible by authorization and agreement, to all the bodies which contribute to the seeking of job-seekers, in a complementarity of services. This system allows them to consult the file of the job-seeker and, according to the type of their level of authorization, to enrich and to report the regular updating of the file, kind of actions and their results. → Since its creation, DUDE establishes a real tool of connection between the members of the governmental employment service and the partners of employment agency. For example, with the 447 local missions for young people and 107 Cap Emploi which have in charge the disabled people. Pôle emploi – 24. 02. 2016 – p. 8

2. DUDE Pôle emploi – 24. 02. 2016 – p. 9

3. Protecting and securing personal data sharing within Pôle emploi o Staff is granted substantial training and information about use and protection of personal data. o The framework for using personal data within normal course of business is clearly defined. o Besides protecting personal data, staff is required to ensure rights of access, of rectification and of opposition Pôle emploi – 24. 02. 2016 – p. 10

3. Protecting and securing personal data sharing within Pôle emploi Staff is made aware of situations which require particular behaviour: o Emails sent to users o Free text fields within IT applications o User information is asked by an individual or an institution o Profile promotion towards entreprises (except website pole-emploi. fr) o A jobseeker asks a proof to be given to a third person o Personal use of accessible data Pôle emploi – 24. 02. 2016 – p. 11

4. Ongoing work and perspectives Transparency and data governance Transparency about results down to local office level Pôle emploi – 24. 02. 2016 – p. 12 Widened access to statistics requests and data visualization

4. Ongoing work and perspectives Labour market transparency 500 000 job vacancies available on pole-emploi. fr of which over 50% from partners Pôle emploi – 24. 02. 2016 – p. 13 13 5

4. Ongoing work and perspectives Ongoing reflection about data governance, open data, valorisation of data, … Pôle emploi – 24. 02. 2016 – p. 14