Question 38047 — teaching

Summary

Mr. Buon Tan questions the Minister of National Education, Youth and Sports on the risks that educational establishments potentially face from the obligation to transmit their administrative documents. The law of July 17, 1978 established a right of access to administrative documents, which anyone has the right to obtain, whatever their form or medium. This obligation also applies to educational establishments, which are notably required to transmit their single professional risk assessment document (DUERP). However, this document contains certain sensitive information, such as the different access points to the establishment, the location of its electrical power system or even that of the storage areas for sensitive products. Several establishments have recently sounded the alarm about the risks that could arise from the free transmission of this document. Malicious use of the information contained in the DUERP would indeed be likely to endanger the security of establishments, their students and staff. This risk has taken on a very particular dimension since the Vigipirate plan moved to the “emergency attack” level on October 29, 2020. The Commission for Access to Administrative Documents (CADA) admits certain adjustments to the principle of free communication, including the possibility of concealing the most sensitive information before transmission. This choice is, however, left to the free discretion of the heads of establishments, the administrative judge having the responsibility of deciding any possible difference of assessment with the applicant. This operation places a heavy responsibility surrounded by uncertainty on the leaders of establishments, which many legitimately refuse to endorse. In addition, establishments do not have the possibility of requiring the applicant to consult the DUERP on site if they wish to have a copy sent to them; However, this solution would have the merit of limiting the dissemination of sensitive information contained in the DUERP, while allowing its consultation by third parties. In view of these different elements, it asks what developments are envisaged in order to best reconcile the principle of free access to administrative documents with the imperative need to ensure the highest possible level of security for educational establishments.

Machine translation from French. The official text remains authoritative.

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