Appendix. Statistical Confidentiality and Census Microdata Dissemination Practices

Synthesis of Confidentiality Provisions, 52 member-states:

Country

Law

International Monetary Fund's General Data Dissemination System

Census
Microdata

Argentina

1968

Individual reports and/or data may not be communicated to third parties or used or disseminated in such a way as to make it possible to identify the reporting person or entity.

CELADE

Australia

1905

The Census Act protects the confidentiality of persons and organisations by requiring that information not be published in a manner likely to enable the identification of a particular person or organisation. Notwithstanding this, the CSA provides for the Minister to make determinations providing for the release of certain classes of information which would not otherwise be permitted to be released under the Act; except that personal or domestic information may not be disclosed under the provisions of a determination in a manner that is likely to enable the identification of a person (emphasis ours).

Australian National University

Austria

2000

Strict provisions on statistical confidentiality are contained in the Federal Statistics Act. The field on protection of personal data is covered by the Data Protection Act.

IPUMSi

Bangladesh

 

There are no regulations enforcing confidentiality of reporting, but strict confidentiality is maintained in practice.

 

Belgium

1994

According to the rules of the Official Statistics Act…, the confidentiality of individual responses is protected.

ECE/PAU

Brazil

1999

Decree 74.084 of May 20, 1974… and Decree 3.272 of December 3, 1999…provide assurances of confidentiality of individual responses so that the data can be used only for statistical purposes.

CELADE IPUMSi

Canada

1985

[Under the Statistics Act of 1985,] Statistics Canada cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

Chile

1970

Law No. 17-374 and its Regulations .... All individuals and legal entities are required to provide any information requested by the INE, which in turn is required to maintain strict confidentiality and is prohibited from explicitly referring directly or indirectly in its publications to individuals or legal entities.

CELADE

Colombia

1960

Article 75 of Decree 1633 of 1960…establishes the principles of confidentiality and discretion; thereby forbidding communication of data by name or individually.

CELADE IPUMSi

Croatia

1994

Under Law N.N. 52/94, the CBS cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

 

Czech Republic

2000

The State Statistical Service Act No. 89/1995 Coll. Which came into force on June 15, 1995 and was amended by Act No. 220/2000 Coll. And Act No. 411/2000 Coll. ... Protection of individual data represents an important section of this Act.

ECE/PAU

Denmark

 

According to the 'Public Authorities' Registers Act', data attributable to identifiable individuals (or enterprises) shall not be passed on.

 

Ecuador

1976

The Official Registry Law No. 82 establishes the principles of confidentiality and discretion, thereby forbidding disclosure of information for any individual person or private entity.

CELADE

El Salvador

1955

...data compiled by the DIGESTYC are confidential and may be used solely for statistical purposes.

CELADE

Estonia

1997

The SOE may transmit or disseminate collected data only in a form which precludes the possibility of direct or indirect identification of the respondents.

ECE/PAU

Finland

1994

Under the terms of Act 62/1994, Statistics Finland cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

France

1978

INSEE cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity..

IPUMSi

Germany

1987

[no specific statement on confidentiality.] (Collection and current updating of population data are regulated by the Law on the Statistics of Population Movement and Adjustment of the Population State dated March 14, 1980 in conjunction with the Law on Statistics for Federal Purposes of 1987.)

German Research Institute data enclaves

Hong Kong

1993

The 1978 Ordinance updated in 1993 stipulates that: ... (2) Only aggregate information will be published such that information relating to any particular individual or undertaking will be kept strictly confidential and will not be divulged to other parties.

EWC

Hungary

1993

The 1993 Law on Statistics of Hungary (XLVI/1993) and the 1992 Law on Protection of Personal Data and the Disclosure of Data of Public Interest (Law LXIII/1992) ... (4) All statistics collected and published by the HCSO are governed by the confidentiality provisions which specify that the HCSO cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU IPUMSI

Iceland

2000

Individual data are kept strictly confidential and care is taken that the data released cannot be traced directly or indirectly to an individual entity. Researchers may be given access to information on individuals with the permission of the Data Protection Authority under strict rules and conditions.

 

India

1948

Data relating to individuals have to be kept confidential.

Institute of Economic Growth

Indonesia

1997

The BPS (Law 16, 1997) cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual or entity.

EWC

Ireland

1983

The Statistics Act of 1993 ... sets stringent confidentiality standards: the information collected may be used only for statistical purposes, and no information that could be related to an identifiable person or undertaking may be released.

 

Israel

1978

The Law on Statistics (1972 as amended in lawbook 908, 1978): ... (3) Stipulates that the CBS cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

Italy

1989

The Law on the National Statistical System (Legislative Decree n. 322, September 6, 1989) which is consistent with the U.N. Fundamental Principles of Official Statistics …establishes: ... Strict confidentiality rules for data included in the National Statistical Program, approved yearly by Decree of the President of the Council of Ministers (D.P.C.M.) (Dissemination occurs only in an aggregate form and in a manner by which it is not possible to identify data for any individual person or entity.)

ECE/PAU IPUMSi*

Japan

1999

Law to Establish the Ministry of Public Management, Home Affairs, Posts and Telecommunications (MPHPT) of July 16, 1999, and the Cabinet Order on the Organization of the MPHPT. ... - [no specific confidentiality statement on GDDS web-site.]

 

Korea

1993

The Statistics Act of 1993 ... sets stringent confidentiality standards: the information collected may be used only for statistical purposes, and no information that could be related to an identifiable person or undertaking may be released.

EWC

Latvia

1997

The Law on State Statistics adopted on November 6, 1997 …povides that the CSB cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

Lithuania

1999

Under the Law on Statistics (1999, No. VIII-1511) … Statistics Lithuania cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

Malaysia

1989

Under the terms of the Statistics Act, 1965 (Revised 1989), DOSM: (2) Cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

EWC

Mexico

 

All data provided by individuals or obtained from administrative or civil registers are treated with strict confidentiality and discretion, and in no case may they be communicated by name or individually (Article 38).

CELADE IPUMSi

Netherlands

1996

'Data gathered on the basis of this law will not be disclosed in such a form that returns and information about an individual person, company, or institutions can be deduced, unless the individual, the head of the company, or the governing board of the institution have no objection to such disclosure.'

 

Norway

1989

Statistics Norway is prohibited to publish or disclose data from which information about individual persons or firms can be derived. (Researchers may be given access to such information under strict rules and conditions. Guidelines provided by the Norwegian Data Inspectorate form the framework for internal management of data security.)

ECE/PAU; Statistics Norway vetting of researchers

Peru

1990

INEI's Organization and Functions Law (Legislative Decree No. 604) of May 3, 1990 ... establishes the technical autonomy of INEI, details the norms concerning compilation of the data, and stipulates that information provided to the Peruvian statistical system is confidential and cannot be disclosed individually, even under an administrative or judicial order, and requires that the organization publish the data on population.

 

Philippines

1987

The … Commonwealth Act No. 591 (August 19, 1940), Executive Order No. 121 (January 30, 1987), and Batas Pambansa Blg. 72 (June 11, 1980). ... Section 4 provides that data furnished to NSO will be kept strictly confidential and shall not be used as evidence in court for purposes of taxation, regulation or investigation; nor shall such data or information be divulged to any person except in the form of summaries or statistical tables in which no reference to an individual, corporation, association, partnership, institution or business enterprise shall appear.

EWC

Poland

1995

Under the Law on Official Statistics, which was passed on 29 June 1995 (Dz. U. Nr. 88) … the CSO cannot publish, or otherwise make available to any individual or organization, statistics that would allow the identification of data of any individual person or entity.

ECE/PAU

Portugal

1989

The National Law on Statistics (Law 6/1989 of April 15, 1989), … establishes the principle of the technical independence of the INE, as well as the principle of confidentiality under which no individual information about people can be disseminated.

 

Singapore

1991

The Statistics Act, Revised Edition, 1991 … specifies that the disseminating agencies cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity without prior consent.

 

Slovak Republic

1992

All statistical information collected, processed and released by SO SR is regulated by the Law on State Statistics (Law of SNC No. 322/92 Digest, in wording of latter regulations). This Law: ... - Specifies that individual responses to statistical surveys cannot be used for other than statistical purposes without the permission of the legal or physical person in question.

 

Slovenia

1995

The Law on National Statistics … (UrL RS No. 45/95) ... Emphasizes the importance of data confidentiality and stipulates that the Statistical Office cannot publish, or otherwise make available to any organization or individual, statistics that would enable the identification of data for any individual person or entity.

 

South Africa

1999

The Statistics Act, 1999 (Act No. 66 of 1999) ... - Stipulates that Stats SA cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ACAP

Spain

1996

Statistical Law No. 12/1989 … and Law No. 13/1996: ... INE cannot publish, or make otherwise available, individual data or statistics that would enable the identification of data for any individual person or entity. (Article 13)

ECE/PAU IPUMSi*

Sri Lanka

1981

The DCS produces and disseminates data under the Statistical Ordinance and Census Ordinance (1981) ... Confidentiality of reporters is guaranteed under the 1981 Ordinance which states '...no publication ... shall disclose or facilitate the identification of any particulars as being particulars relating to any individual person'.

EWC

Sweden

1992

Data protection is ensured by prescriptions in the Data Act of 1973 (1973:289) and the Secrecy Act of 1980 (1980:100).

ECE/PAU

Switzerland

1992

The Federal Law on Data Protection (06/19/92) specifies that the Swiss Federal Statistical Office cannot publish, or otherwise make available to any individual or organization, statistics that would enable the identification of data for any individual person or entity.

ECE/PAU

Thailand

 

[No statement on confidentiality provided.]

EWC

Turkey

1989

The 1962 Statistical Law, as well as the 1984 Decree 219 and 1989 Decree 357: ... Data may be collected only for statistical purposes and confidentiality is assured. ... (3) The confidentiality of individual responses is guaranteed.

ECE/PAU

Uganda

1998

The Uganda Bureau of Statistics Act, 1998 ... Article 19 ensures confidentiality of reported data and Article 29 provides for substantial penalties to employees of the Bureau who violate the confidentiality provisions.

 

United Kingdom

 

The Registrar General is required to compile and publish statistics on the number and condition of the population (1920 Census Act). Births and deaths from the National Registration System are subject to specific statutory confidentiality constraints, in addition to the general confidentiality policy of the ONS.

ECE/PAU CMCCSR IPUMSi

United States

1954

'No individual-level input data are released.' [Title 13 United States Code Section 9 prohibits 'any publication whereby the data furnished by any particular establishment or individual under this title can be identified'.]

IPUMS-USA ECE/PAU

Venezuela

1999

Law on National Statistics and Censuses of November 27, 1944 … Article 10: 'The Ministry of Development may officially order aggregate or average data, or statistical series, but in no way and under no pretext may it order or authorize the disclosure of individual data or the dispatch of single copies... related to a given individual or legal entity or to a given family or group of families.'

CELADE

Repositories of anonymized census microdata samples for scientific research

Acronym

Institution and Dissemination Policy

ACAP

African Census Analysis Project, Philadelphia USA. Permission of ACAP director.

CELADE

Centro Latino Americano de Demografía, Santiago Chile. Application to National Statistical Agency.

ECE/PAU

ECE Population Affairs Unit, Geneva Switzerland. Written application to Population Affairs Unit.

EWC

East-West Center, Honolulu USA. Restricted to institution use only.

ICPSR

Inter-University Consortium for Political and Social Research, Ann Arbor USA. Accessible by member universities.

IPUMSI

Integrated Public Use Microdata Series International, Minneapolis USA. Electronic application.

CMCCSR

Cathie Marsh Center for Census and Survey Research, Manchester UK. Written application to CMCCSR.

Note:

* = under negotiation.

Sources:

For confidentiality provisions: International Monetary Fund (2001); microdata availability: Kelly Hall, et. al. (2000).