UNSD Document

[Statistical confidentiality]

13.-(1) (a) The data collected and processed by the Statistical Service for the production of statistics are considered as confidential as long as they allow the direct or indirect identification of statistical units and disclose personal data:

Provided that data which have been gathered from sources which are accessible to the public are not considered as confidential.

For the purposes of this section "personal data" means data concerning natural or legal persons.

(b) A statistical unit is identified directly by its name and address or by a registration number which has officially been granted to it.

(c) A statistical unit is identified indirectly if it is possible to ascertain its identity in a manner other than that which is provided in paragraph (b). In order to ascertain whether a statistical unit may be identified indirectly, all the means shall be considered which may reasonably be used for the identification of the specific statistical unit.

(2) It is possible to have access to confidential statistical data which allow the indirect identification of statistical units following the permission of the Director, where these statistical data are necessary for specific scientific research programmes the results of which do not disclose specific statistical units and will not be used for commercial purposes.

(3) The statistics compiled on the basis of the data resulting from a survey shall be published in such a manner as to render impossible the direct or indirect disclosure of the identity of those who provided the data or of the persons to whom the data relate.

(4) All the data collected during a survey or work shall continue to be considered as confidential, despite that the statistical results of the specific survey or work have been published.

[Appendix.]

(5)(a) The persons referred to in subsection (1) of section 11 have the obligation to make a confirmation in accordance with the form set out in the Appendix, that they shall not disclose information which they have received during the conduct of the survey. This obligation continues to exist after the termination of their professional relationship with the service for which they have collected the information.

(b) Any person who violates the provisions of paragraph (a) is guilty of an offence and in case of conviction is liable to a fine not exceeding one thousand five hundred pounds or to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

[Fees for services]

14. The Statistical Service, following a request from any interested person, may provide any services relating to its functions, in case it already possesses the data required for this purpose, and on payment by the interested person of the fee prescribed by the Statistical Service on the basis of the cost of the work required to be done in order to provide the services requested.

[Statistics of the European Union.]

15.-(1)(a) In case the Council of the European Union or the Council of the European Union and the European Parliament decide on the conduct of a survey on the basis of section 3(2)(a) of the Regulation of the Council with number 322/97 and date 17th February 1997, the said survey shall be incorporated in the five-year programme of statistical activities without any further procedure.

(b) In case a survey is conducted on the basis of an agreement between the competent national authorities and the Statistical Office of the European Communities (Eurostat), the said survey shall be incorporated in the five-year programme of statistical activities on the basis of the provisions of subsection (1) of section 7.

(2) Notwithstanding any provision of this Law, the transmission of confidential data to the Statistical Office of the European Communities is permitted when these are necessary for the production of statistics of the Community.

(3) (a) Access to confidential data which have been transmitted to the Statistical Office of the European Communities by virtue of subsection (2) is possible/permitted only for authorized officers thereof and for authorized natural persons who work at the Statistical Office on contract; the said data shall be used exclusively for the purposes for which they have been transmitted.

(b) Any use of the data which have been transmitted by virtue of subsection (2) which is not made for the purposes for which these have been transmitted, and any illegal disclosure thereof, constitutes an offence punishable by a fine not exceeding five hundred pounds or by imprisonment for a term not exceeding two years or by both such fine and imprisonment.

[Offences and penalties]

16.-(1) Any person who voluntarily refuses or neglects to comply with or who violates any provision of this Law or the regulations made thereunder or any direction of the Director issued by virtue of this Law is guilty of an offence and in case of conviction is liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand pounds or to both such imprisonment and fine.

(2) Any person who-

(a) participates in the conduct of a survey or work and without lawful authority makes public or communicates, beyond the ordinary exercise of his duties, to any other person any information given to him in the exercise of his duties; or

(b) while possessing information which was disclosed to him in contravention of the provisions of this Law, and while being aware of that fact, makes public or communicates the said information; or

(c) falsely makes himself out to be exercising duties by virtue of this Law or asks for information without being authorized to do so,

is guilty of an offence and in case of conviction is liable to imprisonment for a term not exceeding twelve months or to a fine not exceeding one thousand five hundred pounds or to both such imprisonment and fine.