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1 PROPOSAL of law No. 154/X explanatory statement the shortcomings revealed by the National statistical system (SEN) at the date of the accession of Portugal to the European Communities, then publish to the Country to carry out a reform that will provide greater operability and responsiveness to the needs of official statistical information experienced and predictable, both national and community order. This reform came to fruition with the publication of law No. 6/89, of 15 April, which approved the General Bases of the National statistical system, and of Decree-Law No. 280/89, of 23 August, which approved the Statute of the National Institute of statistics (INE), as amended by Decree-Law No. 118/94, may 5, and paragraph 479/99, of November 9. After 18 years it is possible to detect changes in the regulatory framework of reference of SEN who was present in the preparation of those diplomas. These changes require the adoption of a new law for the SEN and, essentially, the following official texts: the) Council Regulation (Euratom, EEC) No 1588/90 of 11 June, concerning the transmission of data subject to statistical confidentiality to Eurostat; b) protocol annexed to the Treaty establishing the European Community (EC Treaty), on the Statute of the European system of central banks (ESCB), approved by the Maastricht Treaty of 7 February 1992, and amended, among others, by the Treaty of Amsterdam and by the Treaty of Nice; c) fundamental principles of official statistics adopted by the United Nations Statistical Commission on 14 April 1994; d) Regulation (EC) No 322/97 of 17 February, on Community statistics, which is regarded as the law of the European statistical system; e) Commission decision No 97/281/EC of 21 April, on the role of Eurostat in the production of Community statistics; f) recommendation No R (97) 18, the Council of Europe of 30 September 1997 on the protection of personal data collection and processing for statistical purposes; 2 g) Law No. 67/98 of 26 October 1999 on the protection of personal data, transposing into Portuguese law Directive 95/46 no/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; h) Decree-Law No. 294/2001, of 20 November, which establishes, within the framework of official statistical activity of the National statistical system, rules on the access, collection and processing by INE of personal data of an administrative nature; I) European statistics code of practice adopted by the Statistical Programme Committee on 24 February 2005 and promulgated by the Commission recommendation of 25 May 2005 on the independence, integrity and accountability of the national and Community statistical services, which was the subject of a communication from the Commission to the European Parliament and the Council. j) Decree-Law No. 166/2007, of May 3, which approved the organic law of the National Institute of statistics. Despite the progress achieved at the level of the offer of official national statistical information, recognized both internally and externally, the experience at the level of functioning of the SEN and the National Institute of statistics came to show some dysfunction in their operation. In view of the above, this Bill is based on the following general lines: i) shall integrate the structure of SEN, the Bank of Portugal, Regional statistical services of the autonomous regions of the Azores and Madeira and the delegated bodies of the INE; II) Are received in the guidelines laid down in the European statistics code of practice, which are reflected in the fundamental principles of the National statistical system; III) Are recast the powers of the Higher Council for statistics, passing this body, namely, the set operations nationwide statistics and the exclusive interest of the autonomous regions, as well as official statistics associated with the provision of public service; IV) changes the composition of the High Council for statistics, seeking to ensure adequate representation of producers and users of official statistics; v) is provided for the legal authorization for the INE, while central body of statistical production, process and personal data interconnect and create 3 data bases, pursuant to the Personal Data Protection Act and in obedience to the principles enshrined in the recommendation No R (97) 18 of the Council of Europe, an essential condition for the achievement of its tasks. This legal authorization, becomes indispensable for access on the part of this Institute, the administrative files intended for updating the information contained in the files of statistical units aimed at the sharing of geographic information and vital statistics between the services of the public administration, in order to eliminate the duplication of data collection operations, with the consequent reduction of costs to the public purse; vi) are amended the procedures inherent to the delegation of powers of the INE in other entities producing statistics, being this through administrative agreement between the NSIs and the delegated authority, allowing for greater control and accountability of the exercise of delegated powers; VII) is reworded the administrative regime in order to assign authority to apply sanctions on entities that are part of the SEN, to adapt the criteria determining the applicable sanction to the specifity of the official statistical activity and predict criminality of negligence. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: law of the National statistical system chapter I objective, definitions and structure Article 1 subject-matter this law establishes the principles, rules and structure of the National statistical system (SEN).
4 Article 2 definitions for the purposes of this law: (a) ")" official statistical Activity "set of methods, techniques and procedures used in the production and dissemination of official statistics; b) "official statistics" statistical information produced, as a rule, in the framework of the implementation of the programme of the statistical activity of SEN and international organisations of which Portugal is a member, with respect for national and international technical standards and compliance with the principles laid down in chapter II; c) "individual Statistical Data", data that allow the direct identification of the statistical units or which by its nature, structure, content, importance, number, relationship with other data or degree of disaggregation, without involving a disproportionate cost and effort, their indirect identification; d) "individual statistical anonymised Data", data modified in order to minimise, in accordance with the best practice methodology and without involving a disproportionate cost and effort, the possibility of identification of the statistical units to which they relate; and) "administrative data", data that are collected by public sector entities on natural or legal persons, including the individual data, based on administrative procedures that normally have a primary purpose that isn't statistician; f) "Statistical Metadata", information that describes the characteristics of the series and statistical data, as well as the relevant concepts and methodologies involved in their production and use.
Article 3 Structure 1. The SEN cover:) the Superior Council of statistics; (b)) the National Institute of statistics (INE), I.P.; 5 c) the Banco de Portugal; d) Regional Statistical Services of the autonomous regions of the Azores and Madeira; and official statistics-producing Entities) by delegation of the INE, I.P. 2. The Council is the organ of the State Statistic which guides and coordinates the SEN. 3. The INE, i. p., while central body of production and dissemination of official statistics, ensures the supervision and technical and scientific coordination of SEN. 4. The INE, i. p., the Bank of Portugal, Regional statistical services of the autonomous regions of the Azores and Madeira and the entities with powers delegated by the Governing Board of INE, i. p., acting as responsible for producing official statistics, are considered statistical authorities.
CHAPTER II fundamental principles of the national statistical system article 4 statistical Authority
1. Statistical authorities, within their scope of action, may require the furnishing, with compulsory and free to all departments or bodies, natural and legal persons, any elements necessary for the production of official statistics and establish the data collection that, while not relevant to the specific activity of the entities obliged to supply, are statistical significance. 2. The preceding paragraph takes precedence over any limitations or obligations of confidentiality contained in special schemes, for all intents and purposes the use of administrative data for statistical purposes officers as one of the determinants of collection purposes. 3. Exceptions to paragraph 1 the data subject to security classification of State secrets, secret, data stored in the data centers of the services of the Information System of the Portuguese Republic, genetic data or personal data concerning philosophical beliefs, party affiliation or political or trade union, religious faith, life style and ethnicity and personal data concerning health or sex life. 6 4. The data subjects should be informed as to the intended purpose the data collected, the obligatory or optional nature of the response, the consequences of non-response, the way he exercises the right of access and rectification, as well as on protective measures taken to ensure the confidentiality of the data collected. 5. The obligation may be waived if proves to be impossible or involves a disproportionate effort.
Article 5 technical Independence official statistics are produced with technical independence, without prejudice to compliance with the standards issued by the National statistical system or the European statistical system.
Article 6 statistical confidentiality 1. The statistical confidentiality aims to safeguard the privacy of citizens and ensure confidence in the SEN. 2. All individual statistical data collected by the statistical authorities are of a confidential nature, by which (a)) cannot be assigned to any persons or entities or be passed certificate, without prejudice to the provisions of paragraph 3 of article 18; b) no service or authority may order or permit its examination; c) cannot be disclosed in such a way to allow direct or indirect identification of natural persons and legal entities to which they relate; d) Are professional secrecy, even after the expiry of the functions, for all employees, agents or other persons who, at any title, theirs are aware in the exercise or on the grounds of their duties related to official statistical activity. 3. unless otherwise legal provision, the individual statistical data the Public Administration are not subject to statistical confidentiality. 7 4. Individual statistical data on legal persons, as well as those relating to the business or professional activity of a natural person, they are not subject to statistical confidentiality, are: a) published by legislative provision, in particular, consist of public records; b) Provided by youth, by variable or set of variables. 5. The individual statistical data relating to natural persons cannot be transferred, unless the holder has given his express consent or with the permission of the Board of Governors acting statistics on requests, when compelling reasons are concerned with public health and since anonymised. 6. The individual statistical data concerning legal persons cannot be transferred, unless the respective representatives have given their express consent or with the permission of the Board of Governors acting statistics on requests, when compelling reasons are concerned with public health, economic planning and coordination, external economic relations or protection of the environment. 7. Outside the cases referred to in the preceding paragraphs, the individual statistical data on natural and legal persons may only be granted for scientific purposes anonymized form, by establishing agreement between the transferor and the statistical authority requesting entity, in which are defined technical and organisational measures necessary to ensure the protection of sensitive data and avoid the risk of unlawful disclosure or use for other purposes at the time of dissemination of the results. 8. the following shall be considered as aiming for scientific purposes, data-providing applications carried out within the framework of a concrete scientific project, by researchers from universities or other legally recognized higher education institutions and organisations, institutions or departments of scientific research recognized by the competent services. 9. The individual statistical data preserved for historical purposes, they lose the confidentiality: a) in the case of natural persons-50 years on the date of death of their holders if it is known or 75 years on the date of the documents; b) in the case of legal persons – 75 years on the date of the documents. 8 article 7 Quality official statistics must comply with national and international standards of statistical quality.
Article 8 statistical Accessibility 1. Statistical authorities have competence to make available and disseminate the results of the work carried out within the framework of its tasks, without prejudice to respect for the rules on statistical confidentiality laid down in article 6 2. Official statistics are considered a public good and should meet the needs of users efficiently and without excessive overloads for information providers, in particular through the extensive use of administrative data. 3. The provision of official statistics must be carried out in an integrated manner, objective, timely and punctual, accompanied by the respective statistical metadata and other information to support the interpretation of results. 4. Access to official statistics associated with the provision of public services should be provided free of charge, unless they require additional treatment.
Article 9 cooperation between statistical authorities statistics authorities develop forms of cooperation considered necessary to fully carry out its role under the SEN.
CHAPTER III the Statistical Council 9 Article 10 Composition 1. The Superior Council for statistics, as designated by Council, is chaired by the Minister governing INE, I.P., or by the Member of the Government who this delegate their functions. 2. The Council also includes the following members: a) the President of the INE, I.P., who carries out functions of Deputy Chairman of the Board; b) a representative of the Bank of Portugal; c) a representative of the Regional Statistics Service of the Azores; d) a representative of the Regional Directorate of statistics; and) responsible for each entity producing official statistics by delegation of powers of the INE, I.P.; f) one representative from each Ministry considered, on a proposal from the President of the INE, IP, great user of official statistics, up to a maximum of 5; g) a representative of the National Commission for Data Protection; h) a representative of the National Association of Portuguese municipalities; I) A representative of each business Confederation; j) one representative from each trade; l) a representative of consumer associations; m) Two University professors in the area of statistical and econometric methods; n) Five personalities of recognized reputation for scientific merit and independence. 3. The Council has a Secretary who shall be non-voting, appointed on a proposal of the President of the INE, I.P.
Article 11 Appointment 1. The members of the Council, except as provided for in subparagraph (g)) of paragraph 2 of the preceding article, shall be appointed by order of the Prime Minister in the following terms: a) the members of article 6(1)(b)) f) and h) l) of paragraph 2 of the preceding article, on a proposal by the Ministers and respective entities; 10 (b)) (a) members m) of paragraph 2 of the preceding article, on a proposal from the Board of Rectors of Portuguese universities; c) (n) members) of paragraph 2 of the preceding article, on a proposal from the President of the INE, I.P. 2. The members of the Council representing the National data protection Commission are appointed for this entity, including substitute, a maximum of two. 3. The alternate members of the INE, I.P., are appointed by order of the Prime Minister on a proposal of its Chairman. 4. The alternate members of the entities referred to in subparagraphs (a) (b)) f) and h) l) of paragraph 2 of the preceding article, shall be designated in the order of appointment of Board members, a maximum of two per entity.
Article 12 term of Office the term of Office of the members of the Council lasts for three years, renewable for equal periods.
Article 13 Powers
The Council has the following powers: to) Define and approve the general lines of the official statistical activity and its priorities; b) Define annually the official statistics operations nationwide, and the exclusive interest of the autonomous regions, at the proposal of the statistical authorities; c) approve technical statistical coordination instruments, of mandatory application in the production of official statistics, and to promote their knowledge, and use publicity, and may propose to the Government the extension of this mandatory use to public administration; 11 d) approve and regulate the standards of prior registration of statistical authorities statistics questionnaires and other data collection that can be used for statistical purposes; e) Decide on the proposed release of data subject to statistical confidentiality, in accordance with the provisions of paragraphs 5 and 6 of article 6; f) ensure compliance with the principle of statistical confidentiality by applicants confidential information and may conduct audits and other enforcement actions of its deliberations, as well as for the fulfilment of the remaining fundamental principles of SEN set out in this law, formulate recommendations on measures to be taken; g) Appreciate the plan and the budget of the statistical activity of the statistical authorities, as well as the report of execution; h) make recommendations on the scope of the definition of methodologies, concepts and statistical nomenclatures for the use of administrative acts for the production of official statistics and ensure their application; I) comment on the proposed delegation of powers of the INE, IP in other entities for the production and dissemination of official statistics, for the purposes referred to in article 24; j) Define official statistics associated with the provision of public service; l) Participate to the authorities competent for education statistics and possible sanctions, the facts which may constitute a misdemeanour under article 26, they come to the attention of the Council by virtue of their functions, in particular to the provisions of subparagraph (f)); m) Adopt its rules of procedure.
Article 14 Consultation within the framework of the legislative process the approval of diploma projects that create statistical services or contain rules on the statistical activity must be preceded by consultation of the Council.
12 article 15 Operation 1. The Council may meet in plenary or restricted sections, or any permanent, depending on the article in question, in accordance with its rules of procedure and invite to participate in the meetings, without the right to vote, representatives of national authorities, international and foreign. 2. The Council may listen to opinion of experts of recognised competence in the matters that it considers relevant to the performance of their duties. 3. The recommendations and decisions of the Council, relating to the powers laid down in (a)), b), c), (d)), g), (h)), j) and (m)) of article 13, are published in the second Series of the Diário da República. 4. Until the end of each mandate, the Council shall draw up an evaluation report on the State of SEN.
Article 16 support for the operation the INE, i. p., provides technical support, administrative and logistical framework necessary for the functioning of the Council.
Article 17 financial charges 1. The costs of the functioning of the Council are borne by the budget of INE, i. p. 2. The form of remuneration of the members of the Council and settlement of other charges is fixed by joint decree of the Minister governing INE, i. p., and the Minister of finance.
CHAPTER IV statistical authorities 13 article 18 National Institute of statistics, I. P.
1. The tasks of the National Institute of statistics, i. p., are those provided for in its law. 2. within the framework of its tasks and to the continuation of the Mission of public interest, the INE, i. p., may carry out the processing of personal data, including sensitive, as well as carry out the interconnection of data, in particular with the other statistical authorities with the provisions of paragraph 2 of article 9 of the law of protection of personal data. 3. For the purposes of the previous paragraph, the Board of INE, I.P., has competence to: a) determine which treatments of data necessary for performance of the activity of the INE, I. P., as well as performing the processing; b) Promote, where appropriate, the treatment of personal data broken down on grounds of gender; c) draw up a register of the containing the purposes of the processing, the categories of holders and of personal data processed, recipients or categories of recipients to whom the data may be communicated and under what conditions, the possible transfer of data to third countries, under the conditions laid down in articles 19 and 20 of the law No. 67/98 of 26 October , and the period of conservation; d personal data interconnections) when necessary for the production of official statistics; and) Perform the processing of sensitive data, with the express consent of its holder and within safety conditions, laid down in law No. 67/98 of 26 October; f) Disclose the way the access holder, for correction or deletion of the data concerning him; g) Authorise the transfer of confidential data to the Member States of the European Union, within the framework of the production of European statistics; 2:00 pm) destroy, under special security measures, personal information used for the preparation of statistics.
Article 19 Bank of Portugal Banco de Portugal assignments under the SEN are those provided for in its organic law and consist, in particular, the collection and compilation of monetary, financial, foreign exchange and balance of payments.
Article 20 participation in the European system of central banks the Bank of Portugal's participation in the SEN does not preclude independence arising from their participation in the European system of central banks, in particular as regards the performance of its functions in collaboration with the European Central Bank statistics.
Article 21 cooperation with INE, i. p.
The INE, i. p., and the Bank of Portugal set the collaboration means considered appropriate for the performance of its duties under the SEN, as well as the development of joint statistics operations, the file sharing of statistical units, the quality control of background information and of external representation to the level of Community statistics.
Article 22 Regional Statistical Services of the autonomous regions Regional Statistical Services of the autonomous regions work in relation to official statistics nationwide, as delegations of INE, i. p., and in relation to official statistics of the exclusive interest of the autonomous regions, according to the 15 tasks set in the respective organic laws.
Article 23 Tasks of national scope 1. National assignments of Regional Statistical Services of the autonomous regions are pursued under the exclusive technical guidance of the INE, i. p. and consist of the following: a) collaborate in the design of census statistics, basic operations and chains; b) Ensure, within their geographical area of intervention, the collection of basic statistical data relating to the basic surveys and censuses and chains; c) participate in the electronic treatment of the basic statistical information collected; d) participate in the work of creation, update and file management of statistical units; and) perform the functions of regional information centres and national statistical documentation. 2. In pursuit of its mission, the Regional Statistical Services of the autonomous regions can access all the information concerning their regions available in the NSIS, i. p. 3. Expenditure on the operation of Regional Statistical Services of the autonomous regions are charges of the respective regions, without prejudice to the financial compensation payable by the INE, i. p., regarding participation in the production of official statistics nationwide that are regulated for financial cooperation agreement, to be concluded annually with each of the regional governments.
Article 24 Other statistical authorities 1. The Board of INE, i. p., may delegate in organs of other entities the skills required for the production and dissemination of official statistics. 2. The exercise of delegated powers in accordance with the provisions of the preceding paragraph shall be under the exclusive technical guidance of the INE, i. p. 16 3. The terms and conditions of the delegation of powers are published in the Official Gazette, after the approval of a member of the Government to protect the INE, I. P. and the Member of Government responsible for reason of matter. 4. In cases where the delegation focusing on areas in which the autonomous regions have their own skills, Regional statistical services carry out the functions delegated entity, and the INE, i. p., in conjunction with these services delegate powers in other regional services.
Chapter V article 25 Liability Liability for administrative offences
1. The practice of administrative offences provided for in this law may be liable natural persons, legal persons, irrespective of the regularity of its Constitution, societies and associations without legal personality. 2. Legal persons and entities that are considered in the preceding paragraph are responsible for administrative offences provided for in this law when the facts have been practiced, in the exercise of their activity, on their behalf or for their account, by the holders of their social organs, agents, representatives or employees.
Article 26 administrative offences 1. Is very serious infraction violation of statistical confidentiality, except as provided in article 32 of this law. 2. Constitutes a serious infraction, whenever there is an obligation to provide information, any of the following behaviors: a) the lack of response to inquiries within the time limit set by the statistical authority; b) the response to surveys that repeatedly is inaccurate and inadequate; c) refusal to send the information to statistics authorities; 17 d) the response to investigations liable to mislead; and) the provision of information in several of which are legal or administrative regulations. 3. Negligence is punishable.
Article 27 Penalties 1. The administrative offense referred to in paragraph 1 of the preceding article is punished with a fine of € 500 to € 50000 or € 1000 to € 100000, depending on the agent is natural or legal person. 2. The administrative offences provided for in paragraph 2 of the preceding article shall be punished with a fine of € 250 to € 25000 or € 500 to € 50000, depending on whether the agent is a natural or legal person. 3. In case of negligence the minimum and maximum amounts of the fines provided for in the preceding paragraphs are halved. 4. where the mere social ordering illicit resulting from the omission of a duty, the application of the penalty and the payment of the fine does not exempt the offender from compliance with, if this is still possible. 5. There may be room for the voluntary payment of the fine by its minimum value. 6. The proceeds of fines seized in cases of administrative offense reverts in 40% to the statistical authorities and 60% for the State or the autonomous regions, depending on the place of occurrence of the action that constitutes the offence.
Article 28 criteria for determining the applicable sanction 1. The determination of the fine makes concrete depending on awareness of fact and guilt. 2. In determining the unlawfulness of the fact and guilt of the agent meets, amongst others, the following circumstances: a) occasional or repeated the offence; b) Reminders to the sending of the response; (c)) Have the infringement applied to prevent or delay the publication of official statistics; 18 d) economic situation of the agent; and the economic benefit) dropped the practice of administrative offense; f) turnover of the company; g) Volume and periodicity of information requested.
Article 29 Education processes and application of fines the competence for processes and application of fines for the organs or maximum leaders of the statistical authorities, without prejudice to the possibility of delegation in accordance with the law.
Article 30 the competent court 1. The competent court for a judicial review, the review and implementation of the decisions of the statistical authorities in a misdemeanour procedure established under this law, the judgment is of Little Instance of Criminal Lisbon, except as provided in the following paragraph. 2. In the case of decisions of Regional Statistical Services of the autonomous regions of the Azores and Madeira and the delegated bodies of the INE, i. p., which are located in the autonomous regions, the competence for the cases referred to in the preceding paragraph is the result of the General rules laid down in the applicable legislation.
Article 31 subsidiary Application To misdemeanors and its process is applicable in the general scheme of the mere social ordering illegal, contained in Decree-Law No. 433/82 of 27 October, amended by decree-laws Nos. 356/89 of 17 October, 244/95 of 14 September, and 323/2001, of 17 December and by law No. 109/2001 , 24 December.
19 article 32 criminal liability Without prejudice to disciplinary responsibility, violation of statistical confidentiality constitutes breach of the duty of professional secrecy is punishable under articles 195, 196.º and 383.º of the criminal code.
Article 33 disciplinary Responsibility the directors, employees, agents or other employees of the Public Administration in violation of the provisions of paragraph 1 of article 4 of this Act in the performance of their duties incur disciplinary responsibility pursuant to law.
Chapter VI final provision article 34 Standard set shall be repealed law No. 6/89, of 15 April, and Decree-Law No. 124/80 s, 17 may, and 294/2001, of 20 November.
Seen and approved by the Council of Ministers of 21 June 2007 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency
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