Statistics and confidentiality - the Portuguese case Work session on statistical confidentiality Geneva, 9 - 11 November 2005 Ana Dulce Pinto 1 « Statistics and confidentiality - the Portuguese case 1. Cross legal references concerning confidentiality G E N D A 2. Organization of the Portuguese Statistical System – INE (NSI) Statistics Council (SC), other public bodies 3. Definition, importance and boundaries of confidentiality in the system 4. The future of statistical confidentiality: what exists, what may be improved, what can be done « A 2 Council Regulation 1588/90 - Transmission of Confidential Statistical Data from INE to Eurostat Statistical Law – Council Regulation CE/322/97 Commission Regulation 831/2002, Access of scientific researchers to Confidential European Statistics ---------------------------------------------------------------------------The Personal Data Directive – 95/46/EC National Statistical Law - nº 6/89 Law 294/2001 – access, collection and processing personal data obtained through administrative sources Personal Data Protection Law Law 67/98 « 3 INE – three main purposes: • Statistical production: dissemination data collection, processing and • Statistical training • Statistical cooperation with other countries mainly in Europe and Africa SC – supervision and coordination of the statistical system: includes requests and decisions about confidentiality matters. Other public bodies – same purposes as INE 4 « Definition: the privacy of data providers, the confidentiality of the information they provide and its use only for statistical purposes must be absolutely guaranteed (European Statistics Code of Practice) Importance: keeping the confidence of respondents assuring that the information they provide will be used only for statistical purposes. Boundaries: main rule that denies the transmission of information related to individual units by INE, as well as the access to individual statistical data by any public authority. 5 « What exists? Specific limitations of the law concerning access to confidential statistical data: 1 – To preserve the competition among businesses; 2 – To guarantee respondents trust in the system; 3 – To assure that required statistical information refers only to juridical persons; 4 – To assure that requested information will only be used for planning and coordination purposes or international economical relations. 6 « What may be improved? How to conciliate the increasing demands for confidential statistical data with the need to preserve respondents’ trust in statistical institutions? • Taking advantage of international benchmarking; • Assuring efficient co-ordination between the statistical services and the public body which takes the responsibility for personal data protection and control; • Increasing the use of data obtained through administrative sources. 7 « What can be done? •Harmonised statistical methods for confidentiality treatment, resulting from different combined approaches such as statistical, juridical, methodological and administrative. •Special unit for providing integrated proposals and solutions relating to confidentiality matters, which could function as a link between INE and SC. 8 « What can be done? • New legal solution to provide a good communication between INE and National Data Protection Commission. • New legal purposes to be considered as exceptions to statistical confidentiality, such as scientific research, public health or criminal investigation. 9 « Obrigada! Thank you for your attention! « 10
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