Population and Housing Census Act 1998
Passed on 13 May 1998
(RT* I 1998, 52/53, 772),
entered into force 21 June 1998.
Chapter 1
General provisions
§ 1. Purpose of Act
The Population and Housing Census (hereinafter Census) Act provides the procedure for the organisation of national Censuses, the processing, use and storage of Census data, and the publication of Census results.
§ 2. Time of Census and moment of Census
(1) The time of a Census is deemed to be the time the Census is conducted.
(2) A post-enumeration sample survey may be conducted immediately after a Census for verification of Census data. The specified procedure for the post-enumeration survey shall be provided by the Census rules approved by a regulation of the Government of the Republic.
(3) The moment of a Census shall be 00.00 on the date of commencement of the time of the Census; the data collected in the Census shall reflect the characteristics of housing and of the population as of the moment of the Census.
(4) The time of a Census and the time of a post-enumeration survey shall be determined in calendar days and neither shall exceed ten calendar days.
(5) The time of a Census and the moment of a Census shall be determined by the Government of the Republic at least three years in advance, on the proposal of the Minister of Finance. After determination of the time of the Census, limited preliminary surveys may be carried out for verification of the documentation and methodology of the Census pursuant to the procedure established by the Government of the Republic.
(6) A Census shall not be held sooner than five years after the previous Census.
§ 3. Organisation of Census
(1) The Government of the Republic may, by a regulation, authorise Ministers (hereinafter authorised Minister) to issue regulations and directives necessary for the organisation of a Census.
(2) The main agency conducting a Census is the Statistical Office.
(3) In organising a Census, local governments shall perform duties and obligations assumed by this Act and by agreements.
(4) In organising a Census, government agencies shall perform duties imposed on them by this Act and by regulations of the Government of the Republic.
(5) The Census Committee of the Government of the Republic, and county and city Census committees, which are formed for the purposes of organising a Census, shall perform duties imposed on them by this Act and by the statutes of the committees.
(6) The organisation of Censuses shall be financed from the state budget.
Chapter 2
Purpose of Census, and units of enumeration
§ 4. Purpose of Census
(1) The purpose of a Census is to collect data relating to the size, structure and distribution of the population of the state and to housing in the state at the moment of the Census, and to publish the Census results.
(2) Census results are statistical summaries which are prepared on the basis of data collected from a Census and which prevent identification of the units of enumeration.
§ 5. Units of enumeration
(1) Units of enumeration are natural persons (hereinafter persons), households, dwellings, and buildings containing dwellings.
(2) Persons who live together and are linked by the common use of all available household facilities form a household. A person living alone is also a household. Persons in social welfare, medical, recreational, penal and other institutions and in military service who have their meals provided by the institution form an institutional household.
(3) A dwelling is deemed to be a unit of enumeration pursuant to § 2 of the Housing Act (RT 1992, 17, 254; 1994, 28, 426; 40, 653; 1995, 30, 380; 53, 846; 1996, 42, 811).
(4) The exact list of data to be collected concerning units of enumeration shall be determined in a Census questionnaire approved by a regulation of the Government of the Republic.
§ 6. Place of enumeration
Persons shall be enumerated as de facto population according to their place of residence at the moment of a Census and as de jure population according to their permanent place of residence.
§ 7. Persons covered by Census
(1) A Census shall cover:
1) persons who are in the Republic of Estonia at the moment of the Census, except for persons listed in subsection (2) of this section;
2) persons who reside in the Republic of Estonia but who are in foreign states temporarily for a term of up to one year;
3) diplomatic staff of diplomatic missions and consular posts of the Republic of Estonia and their family members, who are in a foreign state at the moment of the Census.
(2) A Census shall not cover:
1) diplomatic staff of foreign diplomatic missions and consular posts and their family members;
2) persons in active service in a foreign army.
§ 8. Dwellings covered by Census
(1) A Census shall cover residential buildings and other buildings used for habitation, and apartments and other dwellings situated therein, regardless of whether they are occupied or vacant at the moment of the Census, except for premises specified in subsection (2) of this section.
(2) A Census shall not cover buildings of foreign diplomatic missions and consular posts, and dwellings situated therein.
§ 9. Personal data collected in Census
The following data shall be collected concerning a person covered by a Census:
1) identificational: the given name, surname and personal identification code of the person;
2) geographical: the place of birth of the person and of his or her parents, the actual and registered place of residence of the person, the whereabouts of the person at the time of the Census, and the place of residence of the person at the time of the previous Census; migration data: year of immigration into the state, duration of residence in the settlement, and place of work;
3) demographic: sex, age (date of birth), ethnic nationality, citizenship, mother tongue, knowledge and use of the Estonian language, marital status, number of children given birth to, and age of a woman at the time of birth of her first child;
4) economic: sources of subsistence, social and employment status, economic activity, occupation, length of working week, duration of unemployment, readiness to commence employment;
5) educational: highest level of general education completed, highest level of vocational, occupational or professional education completed, literacy of a person who has not completed primary education, type of educational institution at which the person studies;
6) data relating to disabilities and handicaps: whether the person suffers from a long-term illness, impairment or disability as a result of which he or she has had to interrupt his or her education, he or she is unable to work, his or her ability to work is limited, or he or she needs assistance in caring for himself or herself and in moving around outside his or her home;
7) religious affiliation: whether the person declares himself or herself to be a follower of a particular faith, and if so, then which; whether the person is an atheist, has no religious affiliation or cannot define his or her religious affiliation.
§ 10. Data relating to households collected in Census
The following data concerning households shall be collected in a Census:
1) the type of household: private, institutional or other household;
2) the type of institution in which an institutional household is located;
3) composition of the household: a list of the members of the household, the relationship of each member of the household to the head of the household (reference person), family relationships between the members of the household, whether a person is a permanent or temporary member of the household, the reason for and duration of temporary absence of a permanent member of the household, and the reason for arrival of a temporary member of the household and the duration of temporary stay;
4) living conditions of the household: the dwelling of the household and the legal basis for use thereof;
5) the links between the household and agriculture: whether any land for growing field crops or horticultural products, or any natural grasslands or farm animals are in the direct possession of the household.
§ 11. Data relating to dwellings collected in Census
The following data shall be collected concerning dwellings:
1) the location (address) of buildings containing dwellings, the type, year (period) of construction and the number of floors of the buildings, the number of dwellings in the buildings and whether they are occupied or vacant;
2) the type, owner (form of ownership), number of rooms and total area of a dwelling, the existence of a kitchen, and plumbing and heating (hot and cold water, sewerage, washing facilities, lavatory, type of heating system) in the dwelling.
Chapter 3
Census documentation
§ 12. Census documents
(1) The main Census documents are the Census rules, Census questionnaires, Census maps and formats for tables of Census results.
(2) The Census rules shall contain definitions of the terms used in the Census questionnaire, and instructions for conducting the Census and completing the Census questionnaires.
(3) The Census questionnaires shall contain the following:
1) questions concerning a person (Personal Questionnaire);
2) questions concerning a dwelling and a household (Housing Questionnaire).
(4) In the cases prescribed in the Census rules, a verification form shall be completed for verification of personal data and data relating to households.
(5) Census maps are geographical maps of high and low density areas which are adapted for a Census and are in digital form and on paper. Census maps shall be used to organise a Census, process Census data and publish Census results.
(6) The formats for tables of Census results shall be prepared on the basis of the state’s need for statistical data and on the basis of international recommendations.
(7) The following supporting documents shall be used to organise a Census: classifications, instructions, lists, reporting forms, certificates and notices.
§ 13. Establishment of Census documentation
(1) The Census rules and the formats for Census questionnaires shall be approved by a regulation of the Government of the Republic not later than one year before the moment of the Census.
(2) The formats for tables of Census results shall be approved by the Minister of Finance. The supporting documents specified in subsection 12 (7) of this Act (except for the classifications) shall be approved by the Director General of the Statistical Office.
(3) Official standards and classifications shall be used for processing Census data and publishing Census results.
§ 14. Use of databases
Upon organisation of a Census, persons who maintain state and local government databases are, at the request of the Statistical Office, required to submit data which are necessary for carrying out the Census from state and local government databases in accordance with the Personal Data Protection Act (RT I 1996, 48, 944), the Databases Act (RT I 1997, 28, 423; 1998, 36/37, 552) and legislation established on the basis thereof.
Chapter 4
Organisation of Census
§ 15. Territorial organisation of Census
(1) A Census shall be organised on the basis of the administrative-territorial organisation in force.
(2) In order to organise a Census, the following territorial Census units shall be formed on the basis of workload standards established for Census staff: Census districts, supervision areas and enumeration areas.
(3) Workload standards for Census staff shall be established by the authorised Minister.
§ 16. Census district
(1) Census districts shall be formed by the Statistical Office on the basis of administrative-territorial organisation. A Census district covers the territory of one or several cities, several rural municipalities, or one or several rural municipalities and one or several cities. The territory of a city with more than 10 000 inhabitants is deemed to be one Census district. Tallinn, Tartu, Pärnu, Kohtla-Järve and Narva shall be divided into several Census districts.
(2) The work of a Census district shall be directed by the head of the Census district (hereinafter head of district). The deputy head of the district shall substitute for the head of the district in his or her absence.
(3) The duty of the head of a district and his or her deputy is to organise a Census in the territory of the relevant Census district and to make preliminary summaries on the basis of Census data to the extent provided for in the Census rules.
§ 17. Supervision area
(1) Supervision areas shall be formed in the territories of Census districts.
(2) A supervision area is the work area of a supervisor of enumerators. The duty of a supervisor of enumerators is to organise the work of enumerators in the relevant supervision area.
(3) Supervision areas shall be formed by county (city) Census committees.
§ 18. Enumeration area
(1) An enumeration area is the work area of an enumerator.
(2) The duty of an enumerator is to conduct the Census in the relevant enumeration area.
(3) Enumeration areas shall be formed by county (city) Census committees.
§ 19. Census staff
(1) Heads of districts, deputy heads of districts, supervisors of enumerators, and enumerators are Census staff. Census staff shall be hired for a period provided by a directive of the Director General of the Statistical Office on the basis of § 8 of the Public Service Act (RT I 1995, 16, 228; 50, 764; 97, 1664; 1996, 15, 265; 45, 850; 1997, 1, 4; 29, 447; 1998, 34, 486; 38, 563; 41/42, 625). Census staff may also be hired under a contract for services.
(2) The number of Census staff shall be provided by the authorised Minister.
(3) Persons who are at least 18 years of age and who have expressed the desire to work as Census staff may work as Census staff if they conform to the qualification requirements established by the Statistical Office and complete the training necessary for Census work.
(4) Persons working for other employers may be hired as Census staff with the written consent of the head of the institution or the employer.
(5) For the period during which a person works as a member of the Census staff, his or her service relationship or employment contract in his or her principal job shall be suspended as follows:
1) in the case of enumerators - for up to one calendar month;
2) in the case of supervisors of enumerators - for up to two calendar months;
3) in the case of heads of districts and their deputies - for up to three calendar months.
(6) The procedure for remuneration and compensation of expenses of members of the Census staff shall be established by a regulation of the Government of the Republic.
(7) The official duties, conditions for selection, training, and procedure for evaluation of Census staff shall be approved by the Director General of the Statistical Office.
(8) Members of the Census staff are required to maintain the confidentiality of personal data which become known to them, and members of the Census staff bear liability for violation of this requirement pursuant to the Personal Data Protection Act.
§ 20. Certification of authorisation of members of Census staff
The authorisation of a member of the Census staff during enumeration shall be certified by a valid certificate of employment which is issued by the Statistical Office and which bears a photograph of the member of the Census staff.
Chapter 5
Census Committees
§ 21. Census Committee of Government of Republic
(1) The Census Committee of the Government of the Republic shall be formed by the Government of the Republic pursuant to the Government of the Republic Act (RT I 1995, 94, 1628; 1996, 49, 953; 88, 1560; 1997, 29, 447; 40, 622; 52, 833; 73, 1200; 81, 1361 and 1362; 87, 1468; 1998, 28, 356; 36/37, 552; 40, 614).
(2) The authorised Minister shall be the Chairman of the Census Committee of the Government of the Republic.
(3) The Census Committee of the Government of the Republic shall:
1) make proposals to the Government of the Republic and government agencies for the preparation of legislation relating to the organisation of Censuses and provide opinions concerning specified draft legislation;
2) determine the method of Censuses and provide expert assessments on issues relating to Censuses;
3) co-ordinate the organisation of Censuses at state authority level and direct co-operation between state and local government agencies in the organisation of Censuses;
4) approve the schedule for the organisation of Censuses and monitor implementation thereof;
5) co-operate with county and city Census committees and review their applications and petitions pertaining to their activities;
6) analyse the necessity of expenses related to the conduct of Censuses;
7) perform other duties related to Censuses, assigned to the Committee by the Government of the Republic.
(4) The Census Committee of the Government of the Republic has the right to receive information necessary for the activities of the Committee from state and local government bodies and agencies, county and city Census committees, and heads of Census districts.
(5) If necessary, the Chairman of the Census Committee of the Government of the Republic has the right:
1) to form working groups and expert groups alongside the Committee;
2) to engage representatives of state and local government agencies, and experts, in the work of the Committee.
§ 22. County Census committees
(1) County Census committees shall be formed by county governors not later than two years before the moment of a Census. County Census committees are advisory committees included in county governments.
(2) The Chairman and members of a county Census committee shall be appointed by the county governor.
(3) A county Census committee shall:
1) participate in the development of the organisational plan for a Census, co-ordinate and monitor the organisation of the Census and assist in the performance of duties relating to the Census in the county;
2) make proposals to the county governor concerning the organisation of the Census in the county;
3) review petitions and complaints concerning the activities of the Census districts and the activities of the Census staff in the county;
4) perform other duties assigned by the county governor relating to the organisation of the Census in the county.
(4) County Census committees have the right to receive information necessary for their activities from state and local government bodies and agencies located in the county and from heads of Census districts.
§ 23. City Census committees
(1) City Census committees shall be formed in Tallinn, Tartu, Pärnu, Kohtla-Järve and Narva. City Census committees shall be formed by city governments not later than two years before the moment of a Census. City Census committees are advisory committees included in city governments.
(2) The Chairman and members of a city Census committee shall be appointed by the city government.
(3) A city Census committee shall:
1) participate in the development of the organisational plan for a Census, co-ordinate and monitor the organisation of the Census and assist in the performance of duties relating to the Census in the city;
2) make proposals to the city mayor concerning the organisation of the Census in the city;
3) review petitions and complaints concerning the activities of the Census districts and the activities of the Census staff in the city;
4) perform other duties assigned by the city government relating to the organisation of the Census in the city.
(4) City Census committees have the right to receive information necessary for their activities from state and local government agencies located in the city and from heads of Census districts.
Chapter 6
Duties of local governments in organising Census
§ 24. Duties of local governments
(1) Local governments shall, in co-operation with Census committees and government agencies, ensure the organisation of a Census in their administrative territory and this shall include:
1) permitting servants of local government agencies to be engaged in the organisation of the Census pursuant to the procedure provided for in this Act;
2) participating in the preparation and correction of maps necessary for the organisation of the Census in co-ordination with the Statistical Office;
3) making necessary changes to street numbers and building numbers before the Census but not later than one year before the moment of the Census;
4) ensuring that, by the time of the Census, settlements are provided with proper street signs and buildings are provided with proper numbers;
5) permitting the Census staff to use the corrected local government databases concerning residents and buildings pursuant to the procedure provided by the Census rules;
6) providing the Census districts and supervision areas with necessary premises including necessary equipment and means of communication;
7) providing the Census Committee of the Government of the Republic and the county and city Census committees with information necessary for the organisation of the Census;
8) performing other duties relating to the conduct of the Census on a contractual basis.
(2) Costs incurred by local governments in organising a Census shall be covered from the state budget funds allocated for the organisation of the Census.
Chapter 7
Duties of Statistical Office in organising Census
§ 25. Duties of Statistical Office
(1) In organising a Census, the Statistical Office shall perform duties assigned to it by this Act and by regulations of the Government of the Republic and of authorised Ministers.
(2) The duties of the Statistical Office upon organising a Census shall be as follows:
1) to inform the public of the purpose of the Census and the procedure for conducting the Census;
2) to prepare the Census documentation;
3) to organise the development of data processing technology for the Census;
4) to hire and train Census staff and supervise and monitor their work;
5) to provide methodological guidance to committees and agencies participating in the organisation of the Census;
6) to provide the Census districts with Census documentation;
7) to collect, process and store Census data and publish the Census results;
8) to prepare a draft budget for the Census;
9) to exercise supervisory control over the conformity of the organisation of the Census with the requirements of this Act.
(3) The protection of personal data which are collected in a Census and subject to storage shall be ensured by the Statistical Office pursuant to this Act upon processing, storage and use of the data.
(4) The Statistical Office shall ensure the availability, integrity and confidentiality of property (information, equipment, premises) which requires protection and the privacy of persons covered by a Census by applying appropriate security measures in organising the Census.
Chapter 8
Conduct of Census
§ 26. Method of enumeration
(1) During enumeration, the enumerators shall interview persons covered by the Census directly. The enumerators shall enter the data collected during the Census in the Census questionnaires pursuant to the Census rules.
(2) Data which are collected in a Census and which concern children of up to 15 years of age shall be provided by one of the parents or the guardian of the minor.
(3) Data which are collected in a Census and which concern a household shall be provided by an adult member of the household.
(4) Data which are collected in a Census and which concern persons covered by the Census who are members of a household but who are not at their place of residence at the time of the Census shall be provided by an adult member of the household.
(5) Data which are collected in a Census and which concern an occupied dwelling shall be provided by a person who uses the dwelling on a legal basis. Data which concern a vacant dwelling shall be provided by the owner of the dwelling.
(6) Upon enumeration, the members of the Census staff shall present the document certifying their authorisation to persons covered by the Census pursuant to § 20 of this Act.
(7) Enumerators and supervisors of enumerators have the right to conduct the Census and the post-enumeration survey at the place of residence of persons covered by the Census from 8.00 to 22.00.
(8) The enumerators shall inform a person covered by the Census of data received from state registers and local government databases to the extent prescribed in the Census questionnaires. In the case of differences, the enumerator shall complete the Census questionnaire on the basis of the data received from the person covered by the Census.
(9) Enumerators shall allow a person covered by the Census or the member of his or her household who provided the data to review the completed Census questionnaires.
(10) Enumerators shall deliver completed Census questionnaires to their supervisors not later than by the following working day pursuant to the procedure prescribed by the Census rules.
§ 27. Language of Census
(1) Census questionnaires shall be in Estonian and shall be completed in Estonian.
(2) A person covered by a Census has the right to answer the enumerator in Estonian or, if the person is not proficient in Estonian, in another language in which he or she is proficient.
(3) If an enumerator is not proficient in the language used by a person covered by the Census, the enumerator has the right to use the assistance of an interpreter.
(4) The requirement provided for in subsection 19 (8) of this Act extends to interpreters who participate in the enumeration.
§ 28. Rights and duties of persons covered by Census
(1) Persons covered by a Census are required to provide true and complete answers to all questions on the Census questionnaires, except in the case specified in subsection (2) of this section.
(2) Persons covered by a Census have the right to refuse to provide data relating to their religious affiliation.
(3) A person covered by a Census may present his or her identification to the enumerator in order to ensure the accuracy of the data.
(4) A person covered by a Census has the right to receive a certificate attesting enumeration from the enumerator if, after the enumeration, the person leaves his or her place of residence during the time of the Census.
(5) If an enumerator fails to find a person covered by the Census or an adult member of the household at his or her place of residence, the enumerator shall leave a notice to the person by which the person is required to notify the supervisor of the enumerators of the supervision area of the time when the person can be found at his or her place of residence during the time of the Census.
§ 29. Specifications for organisation of Census in penal institutions
(1) The enumeration of persons who are held in custody, imprisoned or in administrative detention in prisons shall be organised by the Prison Board in co-ordination with the Statistical Office, pursuant to the procedure established by the Minister of Justice on the basis of this Act.
(2) The enumeration of persons who are in detention or in administrative detention in a police authority shall be organised by the Police Administration in co-ordination with the Statistical Office, pursuant to the procedure established by the Minister of Internal Affairs on the basis of this Act.
(3) Persons provided for in this section shall be enumerated by Census staff.
§ 30. Enumeration of persons in military service
(1) The enumeration of persons who are in military service in the armed forces shall be organised by the Ministry of Defence in co-ordination with the Statistical Office, pursuant to the procedure established by the Minister of Defence on the basis of this Act.
(2) The enumeration of persons who are in military service in the area of government of the Ministry of Internal Affairs shall be organised by the Ministry of Internal Affairs in co-ordination with the Statistical Office, pursuant to the procedure established by the Minister of Internal Affairs on the basis of this Act.
(3) Persons provided for in this section shall be enumerated by Census staff.
§ 31. Enumeration of persons in recreational, health care and other institutions and in transport facilities
(1) The enumeration of persons who are temporarily in boarding houses, hospitals and social welfare institutions shall be organised, to the extent and pursuant to the procedure provided by the Census rules, by the administrations of the corresponding institutions in co-ordination with the Ministry of Social Affairs and in co-operation with the Statistical Office.
(2) The enumeration of persons in hotels and other establishments providing accommodation shall be organised, to the extent and pursuant to the procedure provided by the Census rules, by the administrations of the corresponding institutions in co-operation with the Statistical Office.
(3) The enumeration of crew members on board water craft shall be organised, to the extent and pursuant to the procedure provided by the Census rules, by the masters, owners or possessors of the water craft in co-operation with the Statistical Office.
(4) Passengers on international coaches, trains, aircraft and ships, and in bus and railway stations, airport terminals and ports shall be enumerated pursuant to the procedure prescribed by the Census rules.
(5) Persons provided for in this section shall be enumerated by Census staff.
§ 32. Enumeration of persons in foreign states
(1) The enumeration of persons working in diplomatic missions and consular posts of the Republic of Estonia shall be organised by the Ministry of Foreign Affairs in co-ordination with the Statistical Office.
(2) Persons covered by a Census who at the moment of the Census have been staying in a foreign state for less than one year and who are staying in a foreign state at the time of the Census shall be enumerated pursuant to subsection 26 (4) of this Act according to their place of residence in Estonia.
(3) The Ministry of Internal Affairs, in co-ordination with the Statistical Office, shall organise the enumeration of a person who will travel to a foreign state and who will be in a foreign state at the time of a Census, if there will be no adult members of the household at his or her place of residence at the time of the Census, before the person leaves for a foreign state.
Chapter 9
Processing of Census data and publication of Census results
§ 33. Processing of Census data
(1) Census data shall be processed on the basis of an anonymous database.
(2) Census data shall be processed by the Statistical Office on the basis of established formats for statistical tables of Census results.
(3) The procedure for processing Census data shall be approved by the authorised Minister.
(4) On the application of government agencies, local governments or other legal or natural persons, the Statistical Office may, at the expense of the applicant, prepare statistical tables which are not included in the list of established formats for statistical tables.
§ 34. Publication of Census results
Census results are public and shall be available to everyone. Preliminary Census results concerning the total population shall be published by the Statistical Office not later than within ninety days after the post-enumeration survey. Statistical tables of Census results shall be published by the Statistical Office within two years after the Census.
§ 35. Reporting by Statistical Office
(1) A brief report concerning a Census shall be submitted to the Government of the Republic by the Statistical Office through the authorised Minister not later than six months after the moment of the Census.
(2) The main report concerning a Census shall be submitted to the Government of the Republic by the Statistical Office through the authorised Minister not later than within three years after the moment of the Census.
Chapter 10
Use and storage of Census data
§ 36. Use of Census data
Data collected in a Census shall be used for statistical purposes only.
§ 37. Storage of Census data
(1) Census data shall be stored by the Statistical Office.
(2) Completed Census questionnaires which permit identification of persons shall be stored for 100 years. The data shall be recorded in machine-readable form.
(3) Census questionnaires and the recorded data provided for in subsection (1) of this section shall be stored pursuant to the Databases Act and legislation providing for archival processing.
(4) The procedure for storage of Census data shall be approved by the authorised Minister.