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OFFICIAL STATISTICS ACT

[Passed 10 June 2010 (RT[1] I 2010, 41, 241), entered into force 1 August 2010.

Amended and suppliented by the following Acts (passed, published in RT, entered into force):
10.06.2010 (RT I 2010, 41, 241) 01.01.2011, shall enter into force on the date provided for in the Decision of the Council of the European Communities on the abrogation of the derogation of the Republic of Estonia on grounds prescribed in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision of 13.07.2010 No. 10889/10 ECOFIN 360 UEM 209/10 (OJ L 197, 28.07.2010, pp 24-26).]

Chapter 1
GENERAL PROVISIONS

§ 1. Official statistics

(1)  For the purposes of this Act, official statistics are quantitative, qualitative, aggregated and generalised information which characterises a mass phenomenon in an observed sample and is obtained as a result of statistic processing of data in an official statistics programme.

(2)  The purpose of official statistics is to reflect the situation and changes of the society and to supply the society with important information regarding demographic, social, economic and environmental development, including for preparing various development plans and forecasts, for shaping various policies, for performing scientific and applied research, and for making knowledge-based decisions.

§ 2. Application of the Administrative Procedure Act

The Administrative Procedure Act shall apply to the administrative procedure prescribed in this Act, considering the specifics of this Act.

§ 3. Data

(1)  For the purposes of this Act, data is individual or summary data which the agency conducting official statistics have processed or collected from the respondents electronically or on paper for the performance of the duties assigned to them by the valid laws, including data collected by or generated in the course of activities of the state or other databases, state and local government agencies, and legal persons, and which are used for producing official statistics.

(2)  For the purposes of this Act, individual data is detailed data characterising a specific statistic unit.

(3)  For the purposes of this Act, summary data is data obtained as a result of statistical processing and analysis of individual data by utilising specific methods.

§ 4. Official statistics programmes and statistical surveys

The official statistics programme is a list of statistical surveys in demographic, social, economic and environmental fields, prepared annually for the next five years on the basis of the domestic or international demand for statistics. Statistical surveys are e.g. a statistical survey, a census, a statistics publication or a statistical registry.

§ 5. Respondents and statistical units

(1)  For the purposes of this Act, respondents are legal persons, branches of foreign commercial undertakings registered in Estonia, state and local government agencies, sole proprietors, natural persons, bailiffs, notaries and sworn translators who are obliged to submit data to the agency conducting official statistics or from whom data is collected for the purpose of producing official statistics.

(2)  For the purposes of this Act, statistical units are objects or subjects being described by the data collected, processed and disseminated in the course of producing official statistics.

§ 6. Producing official statistics

(1)  Producing official statistics includes all activities related to collecting data for official statistics, to statistical processing, analysis, dissemination and preservation of such data, and to development of such activities.

(2)  Statistical processing is ordering data according to statistical methods and preparing data for a statistical analysis, including transforming, verifying and correcting individual data, relating data and calculating additional indicators.

(3)  The information and statistical registries generated in the course of producing official statistics shall not be considered databases in the sense of the Public Information Act.

(4)  A statistical registry is a collection of data of directly identifiable statistical units, used in the course of producing official statistics.

§ 7. Principles and quality criteria of producing official statistics

(1)  Official statistics are produced according to the principles and quality criteria of producing official statistics prescribed in the Regulation (EC) No 223/2009 of the European Parliament and of the Council on European statistics and repealing Regulation (EC, Euratom) No 1101/2008  of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, pp 164-173).

(2)  The Bank of Estonia is not obliged to follow the quality criteria provided for in subsection 1 of this section when producing official statistics, if the relevant quality criteria of official statistics are prescribed in the legislation of the field of statistics regulating the activities of the European Central Bank.

(3)  The websites of the agency conducting official statistics shall publish quality assessments of the produced official statistics and information about the fulfilment or non-fulfilment of the quality criteria of official statistics in the required scope.

 

Chapter 2
PRODUCING OFFICIAL STATISTICS

§ 8. Agencies conducting official statistics

(1)  The agencies conducting official statistics are the Statistical Office and also the Bank of Estonia in the scope prescribed in subsection 34 (1) of the Bank of Estonia Act.

(2)  The agency conducting official statistics shall explain to the public the matters related to official statistics, including the benefits of the methods being utilised when compared to alternative methods, if the methods to be utilised are not prescribed in legislation of the European Union, and shall provide preliminary assessments to methods and to effects of changing thereof. Information about the methods utilised and any changes planned therein shall be published on the website of the agency conducting official statistics.

(3)  The agency conducting official statistics chooses the statistical methods independently, but shall coordinate these between each other in the scope of their competences. Any changes of these methods made later shall also be coordinated.

(4)  The agency conducting official statistics shall cooperate in the field of statistics with government agencies, research institutions, entrepreneurs, citizen associations and professionals of the respective fields, both on the national and the international level.

§ 9. Statistical Office

(1)  The Statistical Office is a government agency acting within the jurisdiction of the Ministry of Finances, producing official statistics and performing official supervision pursuant to principles and scope prescribed in this Act.

(2)  The Statistical Office has the following tasks:
1)  producing official statistics pursuant to the provisions of this Act;
2)  preparing the part of the official statistics programme to be presented to the Government of the Republic, in cooperation with the Bank of Estonia, representatives of public interests and the Statistical Council;
3)  coordinating the producing of official statistics;
4)  coordinating the system of classifications;
5)  ensuring the technical servicing of the Statistical Council;
6)  performing other tasks resulting from the law.

(3)  Upon performing the tasks provided for in subsection (2) of this section, the Statistical Office shall be professionally independent in the sense of Regulation (EC) No 223/2009 of the European Parliament and of the Council.

(4)  The Statistical Office is a national contact agency for the Statistical Office of the European Communities (Eurostat).

§ 10. Director General of the Statistical Office

(1)  The Director General of the Statistical Office must have the knowledge, skills and experience necessary for performing the tasks of the head of the Statistical Office. The Director General of the Statistical Office may be a person having an experience of successfully heading an organisation or a structural unit for at least five years and having attained at least a Master's Degree, an equivalent qualification in the sense of subsection 28 (22) of the Republic of Estonia Education Act or an equivalent qualification from a foreign country in the field of statistics or economics or in a field related thereto.

(2)  During his or her term of office, the Director General of the Statistical Office must not participate in activities of any political party and must not work in other paid employment positions or offices except pedagogic and research activities.

(3)  Director General of the Statistical Office shall:
1)  bear responsibility for cooperation with the Bank of Estonia upon producing official statistics;
2)  decide the utilising of statistical methods and standards, the composition of disseminated data, and the form and due date of disseminating thereof;
3)  perform other tasks assigned to him or her by other legislation.

§ 11. Assigning and relieving the Director General of the Statistical Office

(1)  The Government of the Republic assigns Director General of the Statistical Office for a period of five years upon proposal from the Minister of Finances.

(2)  A public competition shall be conducted for assigning the Director General of the Statistical Office, pursuant to the procedure provided for in the Public Service Act. The committee conducting the competition hears the opinion of the Statistical Council about the suitability of each candidate.

(3)  The Director General of the Statistical Office is relieved from office by the Government of the Republic upon proposal from the Minister of Finances. The Minister of Finances shall hear the opinion of the Statistical Council beforehand.

§ 12. Statistical Council

(1)  The purpose of the activities of the Statistical Council is to contribute to the purpose of official statistics by way of providing advice and opinions.

(2)  The Statistical Council shall:
1)  advice the agency conducting official statistics upon preparing the official statistics programme;
2)  provide recommendations to the Statistical Office regarding the coordinating of producing official statistics;
3)  provide an opinion to the Minister of Finances about the official statistics programme and about amendments thereto before these are approved;
4)  advise the agency conducting official statistics upon producing the official statistics, including regarding the application of principles and quality criteria in the field of statistics;
5)  provide an assessment to the Minister of Finances about the expenses of producing official statistics, and present it in its annual report;
6)  provide recommendations and opinions to the Minister of Finances in the field of regulating the field of statistics;
7)  provide opinions to the committee conducting the public competition for assigning the Director General of the Statistical Office about the suitability of candidates, and to the Minister of Finances about relieving the Director General of the Statistical Office from office.

(3)  The Statistical Council may ask for the necessary information from the agency conducting official statistics and from other relevant persons and agencies, in order to perform its tasks.

(4)  The Statistical Council presents to the Government of the Republic via the Minister of Finances the annual report of the activities of the Statistical Council, which shall be presented not later than by April 30 of the year following the respective calendar year. The annual report shall be published on the website of the Statistical Office.

§ 13. Assembling the Statistical Council

(1)  The Statistical Council is assembled with an order of the Government of the Republic upon proposal from the Minister of Finances. The term of office of each staff of the Statistical Council shall be four years.

(2)  The Statistical Council consists of 13 members:
1)  one member from the Statistical Office;
2)  one member from the Bank of Estonia;
3)  one member from the Data Protection Inspectorate;
4)  ten members from among the representatives of consumers and respondents and from among experts.

(3)  The experts referred to in clause (2) 4) of this section are assigned so as to include professionals from the statistics, demographic, social, environmental and economic fields, including agriculture.

(4)  The members of the Statistical Council are not paid for participating in the activities of the Statistical Council.

(5)  The work procedure of the Statistical Council shall be stated in a regulation of the Government of the Republic.

§ 14. Heading the Statistical Council

(1)  The Statistical Council shall be headed by a Chair elected by the members of the Statistical Council from among themselves.

(2)  The Chair of the Statistical Council shall:
1)  represent the Statistical Council;
2)  organise the work of the Statistical Council;
3)  summon and head the meetings of the Statistical Council;
4)  present the proposals, decisions, opinions and recommendations of the Statistical Council to the agency conducting official statistics, to the Minister of Finances and to the committee referred to in clause 12 (2) 7) of this Act.

§ 15. End of office of a member of the Statistical Council

(1)  The term of office of a member of the Statistical Council shall end with the ending of the term of office of the current staff of the Statistical Council.

(2)  The Government of the Republic may upon proposal from the Minister of Finances prematurely recall a member of the Statistical Council before the end of his or her term of office and assign a new member in his or her place, if:
1)  the person submits a request to withdraw from office;
2)  the institution having assigned the person presents a proposal to recall the person;
3)  the person does not participate in the activities of the Statistical Council for six months.

 

Chapter 3
OFFICIAL STATISTICS PROGRAMME AND REPORTING

§ 16. Parts of the official statistics programme

(1)  The official statistics programme (hereinafter also the programme) consists of the following parts:
1)  the list of statistical surveys as approved by the Government of the Republic;
2)  the list of statistical surveys as approved by the President of the Bank of Estonia.

(2)  The programme includes the following data about the statistical surveys:
1)  name;
2)  legal basis;
3)  output indicators;
4)  frequency;
5)  period or moment;
6)  expected cost;
7)  information about planned changes in methods.

(3)  If the programme does not present the legal basis referred to in clause (2) 2) of this section regarding a statistical survey, then the programme must present data about an agency representing the public interest and the also the purpose of the statistical survey in the sense of subsection 1 (2) of this Act.

§ 17. Preparing the programme

(1)  The agency conducting official statistics communicates directly with the agencies of the state and the local governments in the course of preparing and implementing the programme.

(2)  The preparing of the programme shall be based on public interest, existence of data sources, workload of respondents and feasibility of producing official statistics. Additionally, the state budget strategy and the draft of the state budget for the next year are taken into account.

(3)  Upon planning a statistical survey, the agency conducting official statistics consults with the respondents publicly about the composition of the data and about the time of presenting the data. The respondents must be consulted sufficiently early in order to allow for taking their opinions into account and for the respondents to be able to adjust their usual activities for presenting the required data if necessary.

(4)  Upon preparing the programme, the agency conducting official statistics consults with the representatives of public interest, analyses the necessity of the produced statistics for the consumers, advises the consumers about new needs and priorities, and assesses the administrative load of presenting the data necessary for producing official statistics.

(5)  The Statistical Office prepares and presents to the Ministry of Finances the list of statistical surveys referred to in clause 16 (1) 1) of this Act not later than by June 1 each year.

(6)  The list of statistical surveys to be performed by the Statistical Office shall be confirmed with an order of the Government of the Republic.

§ 18. Official statistics questionnaire

(1)  An official statistics questionnaire is an electronic or paper-based structured set of questions or indicators, utilised for collecting data for a statistical survey, having a format that can be reproduced, and being filled in by the respondent or by the surveyor.

(2)  The agency conducting official statistics publish the questionnaires on its website.

§ 19. Programme reporting

(1)  The Director General of the Statistical Office presents to the Statistical Council and the Ministry of Finances a report (hereinafter annual report) about the fulfilling of the programme within its competence; the annual report is presented not later than by March 31 every year. The annual report is also published on the website of the Statistical Office.

(2)  The Minister of Finances presents the annual report together with the activity report of the Statistical Council to the Government of the Republic not later than by April 30 every year.

(3)  The annual report shall be comprised of the following:
1)  an overview about the fulfilment of the programme;
2)  an overview about the existing and additional administrative load of the respondents;
3)  an overview about the satisfaction of consumers with the official statistics;
4)  an overview about quality assessments of databases pursuant to the right provided for in subsection 29 (2) of this Act;
5)  a list of large-volume statistical surveys to be added to the programme within the next four years, the reasons for including these, and their estimated cost.

(4)  The Bank of Estonia provides an overview about the fulfilment of the programme within its competence in the annual reports of the Bank of Estonia.

§ 20. Statistical surveys outside the programme

(1)  Upon orders and financing from natural and legal persons, agencies of the state and the local governments, and international and extraterritorial organisations, the agency conducting official statistics may perform statistical surveys outside the programme if the performance of the ordered tasks poses no hindrance to neither the preparing nor the fulfilling of the programme. The Statistical Office notifies the Ministry of Finances about performing statistical surveys outside the programme.

(2)  The principles and quality criteria of producing official statistics, provided for in subsections 7 (1) and (2) of this Act, shall be followed upon performing statistical surveys outside the programme.

 

Chapter 4
CENSUS

§ 21. Census

(1)  For the purposes of this Act, census is a universal survey which yields data about certain characteristics of a statistical unit at a certain moment in time. Types of censuses are:
1)  population census;
2)  housing census;
3)  agricultural census.

(2)  The specific procedure for conducting a census in an institutional household referred to in subsection 24 (4) of this Act may be specified with a regulation of the Government of the Republic.

(3)  The Government of the Republic may assemble with a regulation a census committee for conducting the census. The census committee shall:
1)  present to the Government of the Republic and to government agencies proposals for preparing legislation regarding the conducting of the census and opinions about drafts of such acts legislation;
2)  coordinate the conducting of the census on the level of state administration bodies and direct the cooperation between the agencies of the state and the local governments upon conducting the census;
3)  coordinate the schedule of conducting the census and monitor the respecting of such schedule;
4)  analyse the need for expenses related to conducting the census;
5)  perform other tasks related to the census, assigned to the census committee by the Government of the Republic.

§ 22. Purpose of the census and collected data

(1) The purpose of a population census is to collect data about the country's population, demographic composition, situation and locations. Upon collecting and processing data in the course of conducting a population census, the agency conducting official statistics follows the requirements prescribed in the Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses (OJ L 218, 13.8.2008, pp 14-20). The following additional data about persons and household members is collected and processed for the domestic need for official statistics:
1) forename and surname, personal identification code (if available) - data identifying a person;
2) second place of residence, the duration and reason of staying there; places of birth of parents and grandparents; place of residence before moving to Estonia; place of residence at the time of the previous census - geographic and migration data;
3) nationality, native language, foreign language skills, religion, number of birthed children and age of a woman at the time of birth of the first child - demographic data;
4) sources of income, usual weekly work time, duration of unemployment - economic data;
5) location of the educational institution of people in the formal education system, their type and level of education - education data;
6) existence of a long-term illness or a health problem and its effect on usual activities - health data;
7) duration and main reason of staying in Estonia, relation to the household - data about residents of foreign countries, staying in Estonia temporarily (for at least three months);
8) data about difference of the registered place of residence and the actual place of residence;
9) data about temporary residents of a household;
10) data about an institutional household;
11) data about agricultural activities of a household and the scope thereof.

(2) The purpose of housing census is to collect data about the country's housing. Upon collecting and processing data in the course of conducting a housing census, the agency conducting official statistics follows the requirements prescribed in the Regulation (EC) No 763/2008 of the European Parliament and of the Council. Additional data about addresses, premises and technical facilities of housing is additionally collected and processed for the domestic need for official statistics.

(3) The purpose of agricultural census is to collect data about the activities of the country's farms. Upon collecting and processing data in the course of conducting an agricultural census, the agency conducting official statistics follows the requirements prescribed in the Regulation (EC) No 1166/2008 of the European Parliament and of the Council on farm structure surveys and the survey on agricultural production methods and repealing Council Regulation (EEC) No 571/88 (OJ L 308, 24.11.2009, pp 27-46). The following additional data is collected and processed for the domestic need for official statistics:
1) forenames, surnames, personal identification codes (if available) and contact data of farm possessors;
2) detailed data about agricultural plants for farms belonging to the sample of the statistical survey of plant growing;
3) data supporting the quality of the census data.

§ 23. Obligations and rights of census respondents

(1) A respondent is obliged to respond to all questions of the census and to provide true and complete information as responses.

(2) A respondent provides responses about own beliefs on a voluntary basis.

§ 24. Statistical units and respondents of population census

(1) Statistical units of population census are natural persons and households.

(2) Population census shall encompass:
1) persons having a place of residence in the Republic of Estonia, including persons being abroad temporarily, i.e. for the period of up to one year;
2) persons having been or planning to be in the Republic of Estonia for the consecutive period of at least three months;
3) persons in the service of a foreign representation of the Republic of Estonia, and their family members, being abroad at the time of the census.

(3) Population census shall not encompass:
1) personnel members of diplomatic representations and consular offices of foreign countries, and their family members;
2) persons in active service of the military of a foreign country.

(4) For the purposes of this Act, a household is persons living together and related to a common housekeeping. Household may also be a single person living alone. Persons being in a welfare, medical care, recreational or other institution or a custodial institution for a long-term period comprise an institutional household.

(5) Respondents of a population census are persons stated in subsection (2) of this section and being at least 15 years of age, chief processors or authorised processors of databases of state and local government agencies or of other legal persons under public law, and authorised processors of databases of legal persons under private law performing public duties.

§ 25. Statistical units and respondents of housing census

(1) Statistical units of a housing census are residential premises, buildings containing residential premises, and other buildings populated by natural persons.

(2) A housing census includes residences, other buildings used for residential purposes, other residential premises, regardless of whether they are populated at the time of the census, and other premises used for residential purposes and populated by a natural person.

(3) A housing census does not include the buildings of diplomatic representations and consular offices of foreign countries and the premises located in such buildings.

(4) Respondents of a housing census are residents or owners of the residential premises stated in subsection (2) of this section, chief processors or authorised processors of databases of state and local government agencies or of other legal persons under public law, and authorised processors of databases of legal persons under private law performing public duties.

§ 26. Statistical units and respondents of agricultural census

(1) Statistical units of agricultural census are other units stated in the Regulation (EC) No 1166/2008 of the European Parliament and of the Council and referred to in the programme.

(2) Respondents of an agricultural census are natural and legal persons being the possessors or possessor's representatives of statistical units stated in subsection (1) of this section, chief processors or authorised processors of databases of state and local government agencies or of other legal persons under public law, and authorised processors of databases of legal persons under private law performing public duties.

§ 27. Tasks of local government unit upon conducting a census

(1) A local government unit allows the conducting of a census in its administrative territory, in cooperation with the agency conducting official statistics, including:
1) allowing access to information in its use, which the agency conducting official statistics requires for preparing the information used for conducting the census;
2) aiding the agency conducting official statistics in locating the residential premises included in the census;
3) aiding the agency conducting official statistics in locating the work rooms necessary for conducting the census and furnished with the necessary equipment;
4) aiding the agency conducting official statistics in forwarding the information necessary for conducting the census, to the residents of its parish or city.

(2) The agency conducting official statistics may sign an agreement with the local government unit for performance of other tasks related to conducting the census and not stated in subsection (1) of this section.

(3) The expenses resulting from performing other tasks related to conducting the census and not stated in subsection (1) of this section are covered by funds allocated in the state budget for conducting the census.

 

Chapter 5
COLLECTING AND STATISTICAL PROCESSING OF DATA

§ 28. Obligations of respondent and reviewing the data

(1) Upon request of an agency conducting official statistics, the respondent is obliged to present in due time true and complete data within the scope of a questionnaire prepared pursuant to subsection 16 (1) of this Act and published pursuant to subsection 18 (2) of this Act. No fees shall be paid for presenting the data.

(2) A natural person presents personal data on a voluntary basis, unless prescribed otherwise in the law. Natural persons owning immovable property, constructions or parts thereof, or owning or possessing agricultural land or agricultural livestock, or making international payments shall be obliged to present the relevant data pursuant to subsection (1) of this section.

(3) Legal persons and agencies of the state and local governments shall declare what they are collecting data about, if the relevant reasoned request is made by an agency conducting official statistics.

(4) Chief processors of databases present the data collected in the databases referred to in subsection 29 (1) of this Act, if the relevant request is made by an agency conducting official statistics.

(5) As an exception and upon written request from the respondent, the agency conducting official statistics may partially or fully exempt a respondent from the obligation provided for in subsection (1) of this section, if it is impossible to present the data.

(6) A person may review the data collected about him or her by the agency conducting official statistics.

§ 29. Using databases

(1) The agency conducting official statistics uses primarily the data collected into databases, the data generated in the course of activities of the agencies of the state and the local governments or collected by them, and the data generated in the course of activities of legal person or collected by them, if such data allows for producing official statistics conforming to the quality criteria prescribed for official statistics.

(2) The agency conducting official statistics may make proposals for changing the composition of the data in the databases and for changing the classifications used, if the extent of covering the data and the composition, level of detail and quality of the data in the database do not allow for producing official statistics conforming to the quality criteria of official statistics.

§ 30. Collecting and statistical processing of data

(1) The agency conducting official statistics notifies the respondents sufficiently early about the composition of the data to be collected from them, the purpose of using such data, the principles of statistical processing and dissemination of the data, and the due date for presenting the data. The agency conducting official statistics notifies the respondents about the liability prescribed for violating the requirements stated in this Act.

(2) The agency conducting official statistics may incorporate the data collected in the course of producing official statistics into statistical registries, by collecting the same data from various databases and other sources, unless prescribed otherwise in the law. The data being collected into a statistical registry for performing a statistical survey may be used for producing other official statistics, regardless of the purpose for which the data was initially collected.

(3) The agency conducting official statistics may relate the individual data received from respondents and databases, by using identifiers allowing direct or indirect identification of statistical units.

§ 31. Using personal data in the course of producing official statistics

(1) The agency conducting official statistics may use personal data in the course of producing official statistics, respecting the principles and procedures prescribed in the Personal Data Protection Act.

(2) The agency conducting official statistics is not obliged to notify persons about the use of their personal data in the course of producing official statistics.

 

Chapter 6
DATA PRESERVATION AND DISSEMINATION OF OFFICIAL STATISTICS

§ 32. Data preservation

(1) The agency conducting official statistics shall preserve the data pursuant to the requirements prescribed in this Act and in the Archives Act.

(2) The agency conducting official statistics keeps the individual data of a natural person together with the personal identification code of the person during the verification of the individual data. After verification, the personal identification code is preserved separately from other data of the person, ensuring a way of relating them later.

§ 33. Disseminating official statistics

(1) The agency conducting official statistics disseminates the official statistics in an objective and unbiased way and according to the publishing schedule stated on its website. The agency conducting official statistics must not disseminate official statistics before the relevant date stated in the publishing schedule.

(2) Official statistics shall be considered published at the moment when the agency conducting official statistics makes it available for public use.

(3) The agency conducting official statistics states the publishing schedule for official statistics on its website not later than three months before the beginning of the calendar year that the publishing schedule concerns. The agency conducting official statistics shall consider the interests of the consumers upon preparing the publishing schedule.

(4) The results of a statistical survey performed pursuant to § 20 of this Act is made available to consumers a soon as possible.

§ 34. Confidential data

(1) Data allowing for direct or indirect identifying of a statistical unit and thus publishing of individual data shall be considered confidential data.

(2) For the purposes of this Act, a statistical unit is directly identifiable by data if the data contains the name, the address, or the personal identification code or registry code of the statistical unit.

(3) For the purposes of this Act, a statistical unit is indirectly identifiable by data if, regardless of the lack of identifiers allowing direct identification, it is possible to identify the statistical unit on the basis of other data. In order to decide whether a statistical unit is identifiable, all possibilities are considered that a third party could presumably utilise for identifying the statistical unit.

(4) Persons who, in the course of performing their work tasks or using data for research purposes, encounter data allowing for direct or indirect identification of a statistical unit, must ensure that such data is used solely for the purpose of statistics and must prevent unlawful dissemination of such data.

(5) The agency conducting official statistics ensures the organisational, information technology related and physical protection of data upon performing all statistical surveys.

(6) The requirements for organisational, information technology related and physical protection of data collected and statistically processed by the Statistical Office shall be specified with a regulation of the Government of the Republic.

(7) The requirements for organisational, information technology related and physical protection of data collected and statistically processed by the Bank of Estonia shall be specified with a directive of the President of the Bank of Estonia.

(8) The chief processor of the personal data collected for producing official statistics is the agency conducting the official statistics.

§ 35. Dissemination of confidential data

(1) The agency conducting official statistics must disseminate the data collected for producing the official statistics in such a form that excludes all possibilities of direct or indirect identification of a statistical unit, unless prescribed otherwise in this Act.

(2) The agency conducting official statistics disseminates data allowing direct or indirect identification of a person only with the consent of the person, except in cases prescribed in this Act or if the relevant data is considered public pursuant to the law.

(3) The agency conducting official statistics disseminates data allowing direct or indirect identification of a person without the consent of the person, if the data:
1) is disseminated to another agency conducting official statistics, according to the field of competence and marked as confidential;
2) is disseminated to the Statistical Office of the European Communities (Eurostat), statistics institutions of Member States of the European Union, and members of the European System of Central Banks, according to the field of competence, in extent prescribed in the legislation of the European Union and marked as confidential.

(4) The agency conducting official statistics disseminates the following data allowing direct or indirect identification of legal persons, branches of foreign business associations, agencies of the state and local governments and sole proprietors registered in Estonia, without the consent of the persons:
1) Commercial Registry code;
2) name and address;
3) legal form;
4) field of activity;
5) size group of the unit according to the number of employed persons;
6) size group of the unit according to the sales revenue.

(5) The agency conducting official statistics disseminates data allowing direct or indirect identification of a statistical unit without the consent of the person, if the data is used for research purposes pursuant to § 38 of this Act.

(6) The agency conducting official statistics disseminates industrial statistics allowing indirect identification of a statistical unit on the most detailed level of domestic classification of industrial products and on the most detailed level of combined nomenclature of goods export and import statistics, unless the respondent has prohibited this.

(7) The agency conducting official statistics may disseminate data allowing indirect identification of a natural person by sex, age and settlement unit without the consent of the person.

§ 36. Data files intended for public use

(1) Individual data is disseminated as data files intended for public use and not allowing any direct or indirect identification of a statistical unit. Data files are prepared according to the statistical disclosure control methods.

(2) Upon dissemination of data file/s intended for public use, the possibility of utilising statistical analysis methods with preservation of relations between identifiers must be ensured.

(3) The agency conducting official statistics allows access to the data files intended for public use according to the publishing schedule.

§ 37. Remote query service

(1) For the purposes of this Act, a remote query service is a service allowing the Bank of Estonia, research and development institutions, and government agencies (hereinafter remote query service applicants) to use confidential data for performing statistical analysis in such a way as to prevent any direct access of the user to the confidential data.

(2) For the purposes of this Act, a research and development institution is an institution provided for in § 3 of the Research and Development Organisation Act, a university or other higher education institution of a foreign country, or an institution listed in a relevant decision of the European Commission.

(3) In order to use the remote query service, the remote query service applicant submits a relevant request to the agency conducting official statistics; this application shall state the composition of the necessary data, information about the period and frequency of using the remote query service, and the justification of the need for using the data.

(4) The agency conducting official statistics assesses the justification of the request and makes a decision about allowing the use of the remote query service within ten work days after receiving the request.

(5) The use of the remote query service is refused if the request is not justified or if the service cannot be utilised in the extent requested by the remote query service applicant. Upon refusing the use of the remote query service, the agency conducting official statistics states the reason for its decision.

§ 38. Dissemination of confidential data for use in research

(1) Dissemination of confidential personal data for use in research is allowed under conditions prescribed in the Personal Data Protection Act.

(2) Upon dissemination of confidential personal data for use in research, the agency conducting official statistics signs a data transmission agreement with the user of the data (hereinafter user), stating the purpose of the research, the persons entitled to use the transmitted data for research, the procedure for processing and transmitting data, the obligation to ensure organisational, physical and information technology related protection of the data, and the conditions for destruction of the data after the end of research. The agreement prescribed in this subsection shall not be signed with a natural person.

(3) The agency conducting official statistics refuses to sign a data transmission agreement with a user, if:
1) the agency is not convinced that the data is used solely for research purposes;
2) the user wishes to use personal data, but does not conform to the requirements prescribed in § 16 of the Personal Data Protection Act;
3) the user has earlier violated the terms of an agreement signed with the agency conducting official statistics and the agency conducting official statistics has the opinion that the user has not implemented sufficient measures to prevent violations of agreement terms in the future.

(4) In case of refusing to sign an agreement, the agency conducting official statistics shall state the reasons for its decision.

(5) Data transmitted for use in research may be used only for the purposes stated in the agreement.

(6) The procedures for transmitting confidential data for use in research shall be specified by the agency conducting official statistics.

(7) Data collected from databases may be transmitted for use if research.

 

Chapter 7
OFFICIAL SUPERVISION OVER RESPONDENTS

§ 39. Precept

(1) In case of failure to submit data collected through official statistical surveys or submission of distorted data, the agency conducting official statistics may issue a precept to the body failing to submit data or submitting distorted data, the precept requesting elimination of the relevant violation.

(2) The precept shall include the following information:
1) name and position of the person preparing the precept;
2) place and date of preparing the precept;
3) name and address of the recipient of the precept;
4) factual justification for issuing the precept;
5) clearly expressed request and legal grounds for the request;
6) due date for complying with the precept;
7) amount of penalty payment to be applied in case of non-compliance with the precept;
8) procedure and due date for contesting the precept;
9) signature of the person preparing the precept.

(3) In case of non-compliance with a precept, the agency conducting official statistics may apply the penalty payment pursuant to the procedure provided for in the Substitutive Enforcement and Penalty Payment Act. The amount of penalty payment cannot exceed 2,000 euros.
[RT I 2010, 41, 241 - entered into force 01.01.2011]

 

Chapter 8
LIABILITY

§ 40. Violation of requirements of Official Statistics Act

(1) Unlawful dissemination of data collected in the course of producing official statistics or allowing identification of a respondent or use of data for any other purposes besides statistical purposesis punishable by a fine of up to 200 fine units.

(2) The same act, if committed by a legal person, is punishable by a fine of up to 3,200 euros.
[RT I 2010, 41, 241 - entered into force 01.01.2011]

§ 41. Proceedings

(1) The provisions of the General Part of the Penal Code and of the Code of Misdemeanour Procedure apply to the misdemeanours provided for in § 40 of this Act.

(2) Extra-judicial proceedings concerning the misdemeanours provided for in §  40 of this Act shall be conducted by the Data Protection Inspectorate.

 

Chapter 9
IMPLEMENTING PROVISIONS

Division 1
Transitional provisions

§ 42. Conducting monitoring of official statistical surveys

(1) The list of official statistical surveys for year 2010 approved pursuant to subsection 3 (2) of the Official Statistics Act (RT I 1997, 51, 822; 2010, 22, 108) will be valid as a basis for producing official statistics until December 31, 2010.

(2) Legislation passed on the basis of subsection 3 (3) of the Official Statistics Act (RT I 1997, 51, 822; 2010, 22, 108) will be valid until December 31, 2012.

§ 43. Official statistics programme for years 2011-2015

(1) The first official statistics programme conforming to the requirements prescribed in this Act shall be prepared for years 2011-2015.

(2) The Statistical Council shall start performing the task provided for in clause 12 (2) 1) of this Act at the time of preparing the official statistics programme for years 2012-2016.

(3) The first report about fulfilling the official statistics programme, conforming to the provisions of §  19 of this Act, shall be prepared by March 31, 2012.

§ 44. Population and housing census of year 2011

(1) The population and housing census of year 2011 shall be conducted at the time and for the moment prescribed in subsection 2 (5) of the Population and Housing Census Act (RT I 1998, 52/53, 772; 2009, 62, 405).

(2) The population census committee established by the Government of the Republic pursuant to subsection 21 (1) of the Population and Housing Census Act (RT I 1998, 52/53, 772; 2009, 62, 405) shall continue its activities until the end of the preparations for the population and housing census of year 2011.

§ 45. Transmitting the supplemented address data of the population and housing census for year 2011 to the chief processor of the address data administration system

(1) The agency conducting official statistics shall transmit the address data (location address, type of address object, x and y coordinates of the address point, and status of the address object) collected in the course of the population and housing census for year 2011 to the chief processor of the address data administration system address data.

(2) The chief processor of the address data administration system shall make the address data transmitted by the agency conducting official statistics available to the databases belonging to the state information system.

§ 46. Transmitting the data of the population and housing census for year 2011 to the chief processor of the demographic registry

(1) The agency conducting official statistics shall transmit upon consent of the relevant persons the data about the persons (place of birth, nationality, native language, level of education, field of activity, and names and personal identification codes of the person's mother, father, spouse and children) collected in the course of the population and housing census for year 2011 together with the personal identification code to the chief processor of the demographic registry.

(2) If a person's place of birth, nationality, native language, level of education or field of activity is not stated in the demographic registry or if the level of education or field of activity is not up-to-date as of the time of the census, then the authorised processor of the demographic registry shall enter the data received from the agency conducting official statistics into the demographic registry.

(3) The chief processor of the demographic registry shall utilise the relations data of a person (the person's mother, father, spouse, children) received from the agency conducting official statistics in order to assess the quality of the data in the demographic registry and find the source documents to be entered into the demographic registry.

§ 47. Using earlier census data

The Statistical Office shall prepare a statistical registry on the basis of the data of the population and housing census for year 2000, and the statistical registry thus established shall be used henceforth for producing official statistics.

§ 48. Data protection

The procedure for protection of the data collected and processed by the Statistical Office, established pursuant to subsection 8 (6) of the Official Statistics Act (RT I 1997, 51, 822; 2010, 22, 108), shall apply until the regulation referred to in subsection 34 (6) of this Act enters into force.

§ 49. Assigning the Director General of the Statistical Office

(1) The Minister of Finances shall announce a public competition for the position of the Director General of the Statistical Office within 90 days after this Act enters into force.

(2) Until the assigning of the Director General in the course of a public competition, the duties of the Director General shall be performed by the Director General of the Statistical Office being in office at the time of this Act entering into force, whereas this person shall be considered assigned for the position for the time referred above and the term of office of this person shall end on the date of assigning the Director General of the Statistical Office in the course of a public competition.

§ 50. Transition to a registry-based population and housing census

(1) For transition to the registry-based population and housing census, the Government of the Republic shall approve with its order the list of necessary actions by databases, stating also the responsible Ministry and the due dates of the actions.

(2) On the basis of the results of the population and housing census for year 2011, the Statistical Office shall assess the quality of the main data of the databases and, if necessary, shall make proposals to the chief processor for improving the quality of the data.

 

Division 2
[Omitted from this text]

§ 51-58. [Omitted from this text]

 

Division 3
[Omitted from this text]

§ 59-61. [Omitted from this text]

 

Division 4
[Omitted from this text]

§ 62. Entering into force

(1) This Act shall enter into force on August 1, 2010.

(2)  § 36 of this Act shall enter into force on January 1, 2011.

(3)  § 37 of this Act shall enter into force on August 1, 2011.

(4)  §§ 53 and 58 of this Act shall enter into force on the date prescribed in the decision of the Council of the European Union repealing the exception made for the Republic of Estonia on grounds provided for in subsection (2) of Article 140 of the Treaty on the Functioning of the European Union.


[1] RT = Riigi Teataja = State Gazette