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The Slovenian National Statistics Act

Law on national statistics

I. BASIC PRINCIPLES OF NATIONAL STATISTICS

Article 1

National statistics is a professionally independent activity of implementing the national statistical programme.

National statistics shall ensure that bodies and organisations of public administration, the economy and the general public (hereinafter: users) have available data on the state and movement in economic, demographic and social field, and in the field of environment and natural resources.

National statistics shall ensure the fulfilment of the international obligations of the Republic of Slovenia by communicating and exchanging statistical data with other states and international organisations.

Article 2

National statistics shall be implemented on the principles of neutrality, objectivity, professional indenpendence and rationality. Statistical data shall be obtained and communicated on the basis of the use of scientifically recognised and professionally appropriate methods.

II. ORGANISATION AND STATUS OF PERFORMING ACTIVITIES OF NATIONAL STATISTICS

1. Statistical Office of the Republic of Slovenia and its functions

Article 3

The basic tasks in performing activities of national statistics shall be implemented by the Statistical Office of the Republic of Slovenia (hereinafter: the Office) with the assistance of the performers of the national statistical programme, respondents and with obtaining statistical data from official and other administrative records.

The Office shall be professionally independent government agency with the status determined by Law on Government of the Republic of Slovenia and by this law.

Article 4

According to this law respondents shall be those bodies responsible for official and other administrative records (records, registers, data basis, etc.), together with physical persons and legal entities which are defined by the national statistical programme as donors of data.

According to this law official records shall be records of data which have been established by regulations or general acts of holders of public authority, and certificates and public documents shall be issued on their basis. Holders of these records shall be respondents only in cases in which they are defined as such by law or by the national statistical programme.

According to this law administrative records shall be all other records which are administered and maintained by responsible holders defined under the previous paragraph of this article. Holders of these records shall be respondents only in cases in which they are defined as such by law or by the national statistical programme.

Respondents shall communicate to the Office all requested data defined by law or by the national statistical programme.

Article 5

According to this law and within the national statistical programme data that respondents supply to the Office in their own judgement and voluntarily shall also be defined.
In collecting data for which obligatory responding is not defined, the basis for reporting shall be the consent of the respondent. In such cases the respondent must be acquaited with the basic character of the statistical survey, with the final term of statistical data processing, as well as with the right to refuse co-operating for whatever reason and at any stage of carrying out the statistical survey.

An individual who volutarily co-operated in the statistical survey may later revoke his/her consent and refuse additional co-operation, but only before the end of the processing of statistical data.

Article 6

The Office shall guarantee to users conditions for regular interpretation of collected and processed data, and it shall also respond in the events of accidental or deliberate wrongful use of statistical data which could influence public opinion.

Article 7

The professional tasks which the Office performs in the context of its basic functions shall be:

- development tasks of national statistics;

- the analysis of statistical data and the interpretation of the results of statistical surveys;

- fulfilling the international obligations of national statistics;

- establishing of public need for data in co-operation with the Statistical Council of the Republic of Slovenia and statistical advisory committees;

- defining the methodological basis of statistical surveys and, in co-operation with the Statistical Council of the Republic of Slovenia, their reconciliation with international standards;

- data collecting and data processing;

- storing, communicating and demonstrating the results of statistical surveys;

- co-operating with other bodies and organisations of public administration and giving prior opinions to these institutions when they implement new statistical surveys or establish records which could be a source of data for national statistics;

- providing encouragement and proposals for supplementing the contents of existing records and statistical surveys which other bodies and organisations of public administration carry out in their own working fields;

- preparing statistical prognoses and trends;

- establishing, administering and maintaining statistical data records;

- supervising the meeting of the obligations of respondents for statistical surveys for which this law defines an obligation to report to national statistics;

- developing methods and techniques of data protection;

- developing methods and techniques of demonstrating the results of statistical surveys;

- performing special services for users;

- other tasks defined by law.


2. Head of the Office

Article 8

The Office shall be led and represented by the director of the Office.

Government of the Republic of Slovenia (hereinafter: government) shall appoint the director of the Office for the period of four years, without the prohibition of new appointment to the same function.

Article 9

The Office shall have a deputy director who substitutes the director in the case of his/her absence or restraint. The deputy director shall substitute the director with all rights which the director transfers to him/her.

The deputy director shall be appointed by government for the period of four years upon the proposal of the director.

Article 10

The function of the director shall terminate in the case of his/her resignation or dismissal.

The director shall have the right to resign, but he/she must inform the president of government about his/her resignation. The director of the Office shall have the right to explain the reason for his/her resignation in government.

The director may be prematurely dismissed if government finds out that important disturbances in the work of the Office have been caused by unsuitable organisational solutions.

Article 11

Nobody is entitled to determine to the director of the Office the obligatory instructions with regard to professional-methodological questions of the work of national statistics, especially to:

- the contents of methodological bases and methodologies of statistical surveys;

- the extent and the sort of data which shall be collected, processed and communicated on the basis of the national statistical programme;

- the priority communication of results of finished statistical surveys.


3. Statistical Council of the Republic of Slovenia

Article 12

Statistical Council of the Republic of Slovenia (hereinafter: the Council) shall be established by this law as a professional methodological advisory body for strategic and developmental questions of national statistics.

Article 13

The tasks which the Council shall perform are:

- discussion about the starting points and guidelines for the national statistical programme and discussion about the report of its implementation;

- discussion about the contents of the national statistical programme and suggestion appropriate amendments and additions to the programme;

- dealing with proposals for laws and other regulations in the field of national statistics;

- proposing the methodological basis for statistical surveys of national importance;

- proposing rationalisation and modernisation of national statistics;

- providing initiatives and proposals for international statistical co-operation;

- proposing classifications which shall be used as national standards.

Article 14

Members of the Council shall be: three representatives of the National Assembly of the Republic of Slovenia, one representative of the National Council of the Republic of Slovenia, two representatives of government, one representative of the Bank of Slovenia, one representative of employers, one representative of employees, one representative of the judiciary and two recognised experts from the field of statistics.

The director of the Office shall be ex officio president of the Council.

Members of the Council shall be appointed by the institutions from the first paragraph of this article. One representative of employers and one one representative of employees shall be appointed by the Economic-social Council of Government of the Republic of Slovenia, whereas two recognised experts from the field of statistics shall be appointed by the Statistical Assiciation of Slovenia which is the professional organisation of civilian society.

The mandate of the members of the Council shall be four years.

Article 15

Statistical advisory committees for individual fields of national statistics shall be formed by the Office. Statistical advisory committees shall be formed for wider fields defined under the national statistical programme.

Members of the statistical advisory committees shall be appointed by the director of the Office.

The Council may define special working or professional groups for performing individual tasks in the Council's working field.

Article 16

The Council shall operate according to standing orders which shall be adopted at its first session.

Standing orders under the previous paragraph may also govern relations between the Council and statistical advisory committees.

The Office shall ensure administrative and technical assistance for working of the Council and statistical advisory committees.


4. Income, expenses and funds of the Office

Article 17

The Office shall perform all statistical and evidential professional tasks for government and other users of statistical data. Those tasks are defined by law and by the national statistical programme.

Article 18

The performance of activities or functions of the Office shall be financed by the state budget in accordance with the accepted annual financial plan.

Article 19

The Office and other performers of the national statistical programme shall communicate and publish those statistical data which are defined by the national statistical programme.

The Office shall define a non-profit tariff for communicating statistical data to users. The tariff shall be formed in conformity with government.

Article 20

If the user of statistical data requests additional procedures or proceedings of statistical data or the form of data, which is different from the form defined by the national statistical programme, the Office and other performers of the national statistical programme can communicate the requested data in such form.

The user of statistical data shall cover the expenses which appear as a result of additional procedures or proceedings.


5. Legal acts

Article 21

The director of the Office may issue professional instructions for performance of professional and other tasks in the field of national statistics.

The professional instruction shall define the form of action which is necessary for fulfilling the prescribed obligations of respondents. Those obligations are defined by law or by the national statistical programme.

Article 22

Within his/her competence, the director of the Office shall issue decisions and conclusions on administrative and other individual matters of internal organisation of work.


III. NATIONAL STATISTICAL PROGRAMME

Article 23

Statistical surveys under the terms of this law embrace the collection, processing, storing, analysing and demonstrating data about important mass phenomena in economic, demographic and social field and in the field of environment protection and natural resources.

The national statistical programme shall be carried out by the Office and performers of statistical surveys authorised by the programme (hereinafter: authorised performers).

The national statistical programme shall define for each individual statistical survey: sequence number, the name or mark, the contents, the purpose, the interval, the period in which the survey shall be carried out, the respondents (who must provide data and when), and the date until which the results of the statistical survey must be available or published.

Article 24

The national statistical programme shall be defined by the National Assembly upon the proposal of government for the period of five years.

The draft of the national statistical programme shall be prepared by the Office.

Article 25

The Office shall produce a report on the implementation of the national statistical programme. Government shall submit the report for passing on by the National Assembly by March 31 of the current year for the previous year.

Article 26

More extensive occasional statistical surveys in Slovenia which are not implemented within the framework of the national statistical programme (censuses, polls, etc.) shall be governed by special laws.


IV. METHODOLOGICAL BASES OF STATISTICAL SURVEYS

Article 27

The Office, in co-operation with the Council, shall determine the methodological bases for carrying out statistical surveys defined in the national statistical programme.

The methodological bases from the previous paragraph shall be:

- the selection of statistical units;

- the obligatory contents of statistical surveys;

- the definitions, nomenclatures or classifications on the basis of which statistical surveys are carried out;

- the structure and degree of aggregation of the demonstration of data which is the result of statistical surveys;

- the obligation to report or not.

Article 28

Administrative and other state bodies, public servants and holders of public offices, as well as authorised performers which collect statistical data in their own working fields and which are not included in the national statistical programme, shall define the methodological bases of their own statistical surveys after prior opinion of the Office.

Organisations under the previous paragraph must inform the Office and ask for its opinion prior to defining new or in supplementing existing official or administrative data records (records, registers, data bases, etc.), which they administer in their own working fields, unless otherwise determined by law.

Article 29

The Office shall give an opinion under the previous article within 30 days of the day of receiving the notification.

If the Office does not provide its opinion within the time limit defined in the previous paragraph, the presumption shall be that the methodological basis of statistical survey is defined and appropriate.

Article 30

The methodological bases for carrying out specific statistical surveys of national importance shall be published in the Official Journal of the Republic of Slovenia.

Article 31

Classifications which shall be used as national standards shall be determined by government regulations.


V. REGISTERS

Article 32

For rational implementation of the national statistical programme and for other purposes in accordance with this law, the Office shall use data from various official and other administrative data records (records, registers, data bases, etc.). Bodies responsible for official and other administrative data records are bound to communicate to the Office all requested data, unless otherwise determined by law.

The conditions of collecting, using, and linking personal data from different personal data records shall be defined by the law which governs the protection of personal data i.e. individual's information privacy.

Article 33

By linking data from official and administrative data records with data collected under the national statistical programme, the Office shall create, manage and maintain its own statistical registers.

The Office may not communicate data from the statistical registers under the previous paragraph to users in a form or manner which enables the identification of the respondent to whom the data refer. The data from these registers may be used exclusively for statistical purposes.

The statistical purpose under this law is ensuring and demonstrating aggregation of mass phenomena.


VI. DATA COLLECTING

Article 34

In order to carry out the national statistical programme, the Office has the right to collect data from all existing sources, unless otherwise determined by law.

Respondents under the first paragraph of article 4 of this law must use valid standards in managing and maintaining administrative records.

In collecting data, the Office and authorised performers must ensure that the respondents shall be informed about:

- the purpose, extent and method of data collecting;

- the obligation to report or not;

- the rights and obligations of persons who collect data;

- the meaning and contents of registry and other identification marks (identifiers);

- the fact that the confidentiality of collected data, which are used exclusively for statistical purposes, is ensured;

- the possibility of getting additional information, by the Office or authorised performer, on the purpose and contents of the statistical survey in which the respondent co-operates.
The Office may collect the data on respondents also by using the methods and technical means of remote sensing and other means and methods of long-distance data collecting.
In using the methods under the previous paragraph, when the respondent is not informed about such manner of data collecting, the Office shall be allowed to link the collected data with respondent's identification data.

The Office may not communicate data under the previous paragraph of this article to other users in a form or manner which enables identification of the respondent to whom the data refer. The Office may use such data only for creating samples and for statistical analysis the results of which shall not enable identification of the respondent to whom the data refer.

Article 35

Respondents which are bound to report in accordance with the national statistical programme must report complete and correct data to the Office and authorised performers, without payment, at the proper time and in the prescribed manner.

The obligation of respondents under the previous paragraph shall last as long as they perform the activity or until the termination of the obligation to report.

Article 36

If the reported data are incorrect or incomplete, the respondents must correct and complete them in accordance with instructions of the Office or authorised performer.

Article 37

Statistical instruments for data collecting must state the following elements:

- the name of the body or organisation which collects the data in accordance with the national statistical programme;

- the legal basis for carrying out the statistical survey;

- whether reporting is obligatory or not;

- the name and contents of the statistical survey.

The statistical instruments under this law are forms, questionnaires, diskettes, magnetic tapes, and other media for data transfer.

VII. DATA PROCESSING AND DATA STORAGE

Article 38

The Office and authorised performers shall process collected data within time limits which shall be defined by the national statistical programme, in accordance with scientific principles of the sources, methods and procedures and by contemporary means for the automatic data processing.

Article 39

The Office and authorised performers shall store data collected through the national statistical programme in accordance with standards and in a contemporary manner which enables their communication and demonstration in a predetermined form.

The Office and authorised performers shall store data collected through the national statistical programme and use them in a form in which it is possible to identify the respondent to whom the data refer for no more than fifty years after the final data processing, unless otherwise determined by law. The Office and authorised performers may store data after the expiration of the defined time limit in a form which does not enable identification of the respondent to whom the data refer, unless otherwise determined by law.

The Office may store collected personal data maximally 50 years after finishing the processing of the statistical survey.

After the expiration of the defined time limit under the previous paragraph the data may be archived. The use of such data shall be determined by the National Assembly.
The director of the Office or the head of the authorised performer shall define in detail technical and organisational procedures for storing the collected data.

The Office must store the collected statistical data separate from identification personal data about the individual to whom the data refer. The Office must destroy identification personal data immediately after they are no longer needed for statistical purposes, but not later than the time limit which is determined under the second paragraph of this article, unless otherwise determined by law.


VIII. PROTECTION, USE AND COMMUNICATION OF DATA

1. Data protection

Article 40

Personal data records, which are governed by the Office or authorised performers of the national statistical programme, may comprise only those personal data which are determined in the national statistical programme, if collecting, processing, storing, using and communicating personal data is not defined by law.

Arrangement of personal data from the previous paragraph in individual data records, and the names of these data records shall be defined by the methodology of managing individual data records, unless otherwise determined by law.

Article 41

The protection of data collected through the national statistical programme which refer to personal, family and financial relations of physical persons shall be defined by the law which governs the protection of personal data, i.e. data privacy of physical persons.

For the purpose of opinion polls, the Office may communicate to registered scientific research organisations and registered individual researchers only the following personal data: first name and family name of an individual, his/her place of residence, year of birth, sex and occupation.

Article 42

The security of data collected through the national statistical programme shall include measures of technical and organisational nature, and other logical and technical procedures which provide: security of rooms and computer equipment, security of communication and transfer of data, prevention of access of unauthorised persons to the equipment for data processing and enabling subsequent determining how and when the data were processed, by whom and for what purpose.

Proceedings and measures under the previous paragraph shall be determined by the Office and authorised performers of the national statistical programme by their own general regulations in accordance with law.

Article 43

Persons employed in the Office or in authorised performers and persons who occasionally perform certain business for the Office or authorised performers on the basis of a closed contract, and who know the contents of personal and individual data and data on respondents, must protect such data as an official secret in accordance with law.

The obligation of protecting the official secret under the previous paragraph shall last also after the employment in the Office or in authorised performers has been terminated or after the certain business for the Office or authorised performers has been terminated.

If the Office or authorised performers of the national statistical programme employ workers on the basis of closed contracts for carrying out the statistical surveys (opinion polls) with the direct interviewing of physical persons, these workers shall have the same status as the Office's employees as regards the obligation of data protection.

Article 44

The Office may mutually link all data from the personal data records which are determined by the national statistical programme.

Article 45

The individual to whom the data refer shall have in relation to the Office all rights which are determined by the Law on Personal Data Protection, but only if he/she provided the data directly to the Office, because the individual has all rights defined by the mentioned law directly with the individual data controller of the personal data record from which the Office received the data.

When in performing statistical surveys personal data are collected indirectly, it is not necessary to inform the individual to whom the data refer about such manner of data collecting.

2. Use and communication of data

Article 46

Data collected through the national statistical programme may be used exclusively for statistical purposes, unless otherwise determined by law.

Article 47

The Office or authorised performers shall communicate individual data to users on the basis of a written request, but in a form and manner which does not enable identification of the respondent to which the data refer.

The Office shall communicate on the basis of a written request individual non-personal data or data which enable identification of the respondent collected in carrying out the national statistical programme, but only to the respondents to which the data refer or when they communicated these data to the Office.

Article 48

Administrative and other state bodies, bodies of local self-government, public servants and holders of public offices may not use statistical data for defining the rights and obligations of respondents to which the data refer.

Article 49

The Office or authorised performers shall communicate data to users in a form and manner defined in the national statistical programme.

The Office and authorised performers may also communicate data to users at their request in another form or manner than defined in the national statistical programme. The cost of such communication of data shall be covered by the users.

Article 50

Statistical data may be published only in aggregate form and so that they are equally accessible to all users, defined in the second paragraph of the first article of this law.

Data may also exceptionally be published individually, if:

- the respondent gives permission in writing for publication of the data in such a manner;

- the data have been collected from public (generally accessible) data records (records, registers, data bases, etc.);

- the data are published in a form and manner which does not enable identification of the respondent to which the data refer.


Article 51

The Office and authorised performers are responsible for the formal correctness of data and their timely publication.

Statistical data which are the result of carrying out the national statistical programme and are published by the Office shall be official.

Official are also the data which are published by authorised performers in their own fields of work.

If the published results of statistical surveys within the framework of the national statistical programme are mutually different, those data which were published by the Office shall be official.

Users of statistical data must state in its use the source of data.


IX. INTERNATIONAL STATISTICAL CO-OPERATION

Article 52

In fulfilling international obligations, the Office in co-operation with the authorised performers shall professionally co-operate, communicate and exchange data in the field of statistics with other countries and international organisations.

In fulfilling obligations under the first paragraph, the Office shall co-operate with the ministry responsible for foreign affairs and with administrative and other state bodies.

Article 53

In fulfilling its tasks or as the representative of the Republic of Slovenia, the Office may affiliate to foreign and domestic organisations and co-operate with them.

For participation in foreign organisations or for obtaining the funds for affiliation fee, the Office must previously obtain the concordance of government.


X. PENALTY PROVISIONS

Article 54

Respondents shall be liable to a fine of at least 25,000 SIT for violations of the obligation to report to national statistics, if:

- they do not communicate requested data, which must be complete, correct, at the proper time and in the prescribed manner, to the Office or authorised performers (article 35);

- they do not correct reported data in accordance with instructions (article 36).

The responsible person of the respondent which commits an offence under the previous paragraph is also liable to a fine of at least 5,000 SIT.

Article 55

The responsible person of an administrative or other state body, performer of public services or holder of public authority or authorised performer which collects data defined by the national statistical programme shall be liable to a fine of at least 10,000 SIT if prior to establishing new or supplementing existing official and other administrative data records (records, registers, data bases, etc.) he/she does not request prior opinion from the Office (the second paragraph of article 28).

Article 56

The responsible person of a register body which manages and maintains official or other administrative data records (records, registers, data bases, etc.) shall be liable to a fine of at least 10,000 SIT if he/she does not communicate all demanded data on lawful request of the Office (the first paragraph of article 22).

XI. PROVISIONAL AND FINAL PROVISIONS

Article 57

Respondents defined by this law shall be bound to give all requested personal data to the controllers of personal data records which are determined in the national statistical programme.

Under the provisions of this law those controllers of personal data records from the previous paragraph which do not fulfil the condition from article 41 of the Law on Personal Data Protection (The Official Journal of the Republic of Slovenia, No. 8/90, 38/90 and 19/91) shall also collect and communicate the data to the Office.

The provision of the previous paragraph refers only to existing personal data records which are defined in the national statistical programme.

The controllers of data records from the second paragraph of this article may use collected personal data until the acceptance of special laws, but only for fulfilling their own legally determined tasks.

Article 58

In the first appointment of members of the Council from article 14 and members of the advisory committees from article 15 of this law, half of the members shall be appointed for two years. Members of the Council must be appointed not later than three months after this law comes into force, and the members of the advisory committees not later than six months after this law comes into force. Organisations, which are entitled to propose the members of the Council in accordance with this law, must propose them not later than one month after this law comes into force.

The director of the Office must be appointed not later than three months after this law comes into force, and the deputy director not later than six months after this law comes into force.

Article 59

Not later than three years after this law comes into force, the management and maintenance of the Central Register of Population of the Republic of Slovenia shall be transferred to the Ministry of Interior.

After the expiration of the time limit under the first paragraph of this article, the Office shall have the status of authorised user of data from the register defined in the previous paragraph.

Not later than six months after this law comes into force, the Office in co-operation with the Ministry of Interior shall prepare the operational plan for transferring the register from the first paragraph of this article. The report about finished activities shall be submitted to government and to the National Assembly.

Article 60

The executive regulations defined by this law must be published within six months after this law comes into force.

Article 61

On the day that this law comes into force, the Law on Statistical Surveys Important for the Entire Country (Official Journal SFRY, No. 13/73, 9/76, 63/86, 44/89, 72/90) ceases to be used, but the executive regulations issued on its basis shall continue to be used until the publication of new executive regulations, although not longer than the expiration of the time limit under article 60 of this law.

On the day that this law comes into force, the Law on Statistical Surveys Important for the Republic (Official Journal SRS, No. 11/88) ceases to be used, but the executive regulations issued on its basis shall continue to be used until the publication of new executive regulations, although not longer than the expiration of the time limit under article 60 of this law.

Article 62

This law shall come into force 15 days after its promulgation in the Official Journal of the Republic of Slovenia.


St.. 050-01/92-5/3
Ljubljana, 25 th of Julij 1995
Predsident of
Drzavnega zbora of the
Republic of Slovenia
Jozef Skolc, l. r.


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