Implementing Regulation of the Data Processing Law for Administrative and Financial Management Purposes within the State, dated March 6, 2019 - Central File

1. The IT service of the Neuchâtel entity (SIEN) is responsible for

e) establishing the procedure for marking deletions.

2. The Cantonal Financial Control is responsible for auditing the operator, in accordance with its legal duties and within their limits.

**1. Broadcasters may transmit to the financial services department (hereinafter: the department), via the central file, the following sensitive data, insofar as necessary for the performance of its duties in accordance with Article 6 of the law:**

a) data related to a criminal or administrative prosecution or sanction, for the purposes of billing, recovery, or offsetting of fees and charges, or their advance payment;

b) data related to a criminal or administrative monetary sanction, for the purposes of billing, recovery, or offsetting of the fine due;

c) data related to social benefits, insofar as necessary for their payment, or repayment to public or private entities that have advanced them, or in the case of an obligation to reimburse, insofar as necessary for billing, recovery, and offsetting of the amount to be reimbursed by the beneficiary;

d) data related to guardianship or curatorship, insofar as necessary for the performance of the recipient's duties.

**2. Only the following data, subject to tax secrecy, may be transmitted to the department and solely for the purposes of recovery or offsetting:**

a) the amount of a tax debt and its due date;

b) the amount of a fine for tax evasion or violation of a procedural obligation and its due date;

c) the date of a tax assessment decision or a fine imposition for tax evasion or violation of a procedural obligation;

d) the existence of a potential claim for the refund of tax paid;

e) the existence of a security request and the amount to be guaranteed;

f) the identity and contact details of an agent.

**3. Any other sensitive data may only be transmitted to the department in the form of digitized supporting documents.**

**4. SIEN shall take necessary measures to ensure that sensitive data contained in digitized supporting documents cannot be subject to text search.**

1. Broadcasters may transmit to the department responsible for human resources (hereinafter referred to as "the department"), via the central file, the following sensitive data, to the extent necessary for the fulfillment of its legal duties in accordance with Article 8 of the law

a) The notation "illness" or "accident" as the cause of absence of a State personnel member, as well as the duration of the absence, excluding any mention of the nature and extent of the health impairment;

b) Religious affiliation, insofar as a State personnel member invokes it to justify an absence or obtain leave;

c) Political and union activities, insofar as a State personnel member invokes it to justify an absence or obtain leave;

d) The existence of legal or administrative proceedings or sanctions against a State personnel member, insofar as the requirements related to the position justify it;

e) Benefits from unemployment insurance, disability insurance, old age and survivor's insurance, or occupational pension plans in favor of a State personnel member;

f) Movements and location of a person in the exercise of their duties.

2. The department may transmit to the recipients mentioned in Article 8, paragraph 2 of the law, via the central file, the sensitive data mentioned in the first paragraph, to the extent necessary for the fulfillment of their following legal duties

e) Decision concerning a State personnel member.

3. In addition to the persons referred to in Article 8, paragraph 2 of the law, the data mentioned in the first paragraph of this provision may be transmitted to the person in charge of administrative personnel management and budget management within the concerned administrative unit.

**1 Broadcasters may transmit to the service responsible for logistics and acquisitions (hereinafter: the service), via the central file, the following sensitive data, to the extent necessary for ordering the following services:**

a) printing and sending of decisions or correspondence

1. social aid or assistance measures;

2. data subject to tax secrecy, in accordance with Article 178b of the Direct Tax Act (LCDir), dated March 21, 2000;

b) services related to an individual, to the extent that the identification of the latter is essential for their order

1. data on criminal or administrative prosecutions or sanctions;

2. health data, to the extent necessary to preserve or protect the health and safety of the individual or third parties.

**2. Broadcasters may outsource to the service the receipt and digitization of documents addressed to them by third parties and containing sensitive data.**

**3. The service is authorized to transmit to third-party service providers the data mentioned in subsection one, letter b, to the extent that this is indispensable for the delivery of the ordered services.**

**4. The service is authorized to transmit to the finance department the data mentioned in subsection one, to the extent that this is indispensable for payment, as well as for the collection and accounting of the ordered services.**

1 The Organization Regulations of the Department of Justice, Security, and Culture (RO-DJSC), dated November 13, 2013 [4], is amended as follows

2. The Organization Regulations of the Department of Economy and Social Action (RO-DEAS), dated November 13, 2013 [5], is amended as follows

1. This regulation shall enter into force on January 1, 2019.

2. It shall be published in the Official Gazette and inserted into the Systematic Compendium of Neuchâtel Legislation.