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Law No. 2012-03 Dated January 3, 2012

Original Language Title: Loi n° 2012-03 en date du 3 janvier 2012

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Law No. 2012-03 dated January 3, 2012

Law No. 2012-03 of 3 January 2012 amending and supplementing Act No. 2004-21 of the
21 July 2004 on the organisation of statistical activities.

Act No. 2004-21 of 21 July 2004
Organisation of statistical activities repealed and replaced Act No. 66-59 of 30 June 1966, which hitherto governed the statistical activities in Senegal and which had become inoperative in many areas.

This Act of 2004 defined for the first time the concept of the national statistical system and explained the basic principles of public statistics adopted in 1994 by the United Nations Statistical Commission. It has also set up a National Statistics Council chaired by the Head of Government to give more consideration to the statistical policy defined by the State, and a new central statistical agency: the National Agency for Statistics and Demography (ANSD) with legal personality and managerial autonomy.

It appeared to be used, and in particular the course
The participatory development of the first Statistical Director Scheme (SDS 2008-2013), which needed to be addressed by filling certain gaps and clarifying certain provisions in order to improve the functioning of the National Statistical System and To respond to new requests for statistical data, while ensuring the confidentiality of data collected from natural and legal persons. As a result, new articles have been written, following meetings with the members of the Technical Committee of Statistics Programmes set up within the National Statistics Council. They cover the following points:

-prior authorisation (or visa) for censuses and surveys of public statistical services;

-the obligation of transmission to the National Agency
Statistics and Demography (ANSD)
Statistical data from other producers of public statistics as they become available;

-transmission, under defined conditions,
Individual data; in particular for research purposes, in accordance with statistical confidentiality.

This exercise is used to clarify the mission of the National Statistics Council, to affirm the central role of the ANSD within the national statistical system and to institutionalize strategic programming for the management of the system National results-based statistics. As far as possible, the numbering of the new articles created preserves the numbering of the articles of the Act of 21 July 2004.

The criminal provisions which were the subject of Articles 9, 13, 14 and 15 have been consolidated into a new chapter.

This is the economy of this bill.

The National Assembly adopted, at its meeting on Thursday, 27 October 2011;

Senegal adopted, in its session on Tuesday
27 December 2011;

The President of the Republic enacts the following legislation:

Article 1. - The first Articles, 2, 3, 4 and 5 of Law No. 2004-21 of 21 July 2004 are amended as follows:

Article 1. - (new)
The purpose of this Act is to define the fundamental principles and institutional framework governing the activities of the services and bodies responsible for the development, production and dissemination of public statistics. It deals with the general functioning of the national statistical system and the
Coordination within this system.

Article 2. - (new)

Under this Act, the following means:

1) " Data collection " : surveys and all other methods of obtaining information from
From different sources, including sources
Administrative,

2) " Developing " Activities aimed at the establishment, consolidation and improvement of statistical methods, standards and procedures used for the production and dissemination of statistics, as well as the design of new statistics and indicators;

3) " Broadcast " The activity by which statistics and statistical analyses are made available to users;

4) " Statistical survey " A technical operation consisting of collecting information on a part of the statistical units of a given population;

5) " Administrative files " : all records held by a public or semi-public authority or body containing information that can be used for dissemination in the form of statistics;

6) " Direct identification " The identification of a statistical unit based on its name or address or an identification number accessible to the public;

7) " Indirect identification " Identification of a statistical unit by any means other than identification
Direct;

8) " Minister for Statistics " : the member of the government who provides technical supervision
The National Agency for Statistics and Demography created by Article 17 of Law No. 2004-21 of 21 July 2004;

9) " Production " : all activities related to
The collection, storage, processing and analysis of data necessary to establish
Statistics;

10) " Multiannual statistical programme " : all components of the national statistical system's medium-term development strategy;

11) " Annual statistical programme " : all activities of the multi-annual statistical programme
Conduct in a calendar year;

12) " Statistical census " : an investigation in which information is collected on all statistical units of a given population;

13) " Statistics " Quantitative and qualitative information, aggregated and representative, characterizing a collective phenomenon within a given population;

14) " Public statistics or official statistics " Statistics produced by the services and bodies of the National Statistical System authorised for this purpose by a legislative or regulatory text;

15) " National Statistical System " Partnership between suppliers, producers and users of public statistics, as well as statistical coordination bodies and national training institutions for statisticians;

16) " Statistical unit " The basic observation unit, such as a natural person, household or business, to which the data relate;

17) " Use for statistical purposes " : exclusive use for development, production of
Results and statistical analysis.

Article 3. - (new)
In the exercise of their missions for the development, production and dissemination of statistical data, the services and agencies of the National Statistical Systems entitled to this effect shall comply with the principles laid down in the African Charter of Statistics.

Article 4. - (new)
The services and bodies producing public statistics enjoy scientific independence and
Carry out their missions in accordance with the methodical rules and the techniques commonly accepted in the compilation of statistical data.

They shall collect, process and disseminate data according to the standards of production of quality information, impartially and objectively.

Article 5. - (new)
The services and bodies producing public sterols are subject to the rules of transparency which allow access to the information processed by all users, free of charge or burdensome as the case may be, as soon as the data are available Statistics.

Natural and legal persons subject to statistical data collection operations shall be informed, by appropriate means, of the legal and institutional framework in which the activity is carried out. They shall also be informed of the objectives pursued by these operations, the purpose of the data collected, the methods of collecting and processing the data, the media and the timetable for the dissemination of the data collected and of the data collected. Provision adopted to ensure and ensure the confidentiality and protection of individual information in accordance with Article 6 (new) below.

Art. 2. In Chapter 2, Section 1 of Law No. 2004-21 of 21 July 2004, the following Article is added after Article 5:

Article 5. -bis
The services and bodies producing public statistics must ensure the proper use of the statistics they produce and disseminate. For this purpose, they have the right to make observations on the misinterpretation and misuse of the said statistics.

Article 3. - Articles 6, 7 and 8 of Law No. 2004-21 of 21 July 2004 are amended as follows:

Article 6. - (new)
Subject to the provisions of Article 8. -ter

Hereafter, the individual data collected by the services and bodies producing public statistics shall not be disclosed in any way unless explicit authorisation is granted by natural or legal persons Concerned.

Article 7. - (new)
As part of their collection activities and
Processing of data from surveys and statistical censuses or administrative files, the services and bodies producing public statistics must ensure, when publishing or transmitting to third parties of the Statistical results
Of these operations, no direct identification
Or indirect of the natural or legal persons concerned is possible.

Subject to the provisions of Article 8. -ter

Below, the individual data collected may not be used for purposes other than for the dissemination or publication of statistical results.

Without prejudice to the provisions of the Penal Code and Act No. 61-33 of 15 June 1963 on the general status of civil servants, the agents of the services and bodies producing the relevant public statistics are bound by the obligation of Reserve and the respect of professional secrecy for all matters relating to the individual information collected.

Article 8. - (new)
In any event, the individual data collected by the services and bodies producing the public statistics cannot be used for the purposes of prosecution or tax or criminal law enforcement.

Article 4. - In chapter 2, section 2 of Act No. 2004-21 of 21 July 2004, the following two new articles are added:

Article 8. -bis
The statistical confidentiality shall not cover data already published by a company or institution or for which the undertaking or establishment has given its written consent for publication.

Article 8. -ter
The data relating to individual statistical units may be broadcast in the form of a public-use data set, on the written authorisation of the official responsible for the relevant statistical office or statistical agency concerned. Anonymized data which are presented in such a way that the statistical unit cannot be identified, either directly or indirectly, taking into account all appropriate means which could reasonably be used by a third party.

Article 5. - Article 9 of Law No. 2004-21 of 21 July 2004 is repealed.

Article 6. - It is created in Chapter 2, a section 3 as follows:

Section 3. -Obligation to reply

Article 10. - (new)

Natural and legal persons subject to the surveys and censuses organised in accordance with the provisions of Article 11. -below, are required to reply accurately and within the time limit, to the questionnaires relating to those operations.

The services and agencies required to provide
Administrative files for services and bodies producing public statistics for purposes
Statistical exploitation, shall be required to make such files to the provisions of these services and agencies within the time limits prescribed by the texts in force, or in the absence thereof, within the time limits set by the requesting service or agency.

Article 11. - (new)

In the event of an incorrect answer or no reply within the prescribed time limit, the service or body producing the relevant public statistics shall address the
A failing natural or legal person, a formal notice by registered letter with acknowledgement of receipt specifying an additional period of response.

An extension of this letter shall be transmitted to the Minister responsible for statistics under the same conditions.

The natural or legal person may, however, obtain an extension of time by explaining in writing to the Minister responsible for statistics, the objective constraints that prevent him from meeting the deadlines.

Article 7. - Article 12 of Law 2004-21 of the
July 21, 2004 is repealed.

Article 8. - It is created in chapter 2, section 3 of Act No. 2004-21 of 21 July 2004, article 11. -bis thus worded:

Article 11. -bis.
For operations recorded in the annual statistical programme, administrations and public and para-public bodies shall be required to provide the information available to them to the services and bodies producing public statistics, by Case of modality, if necessary and for statistical purposes only.

The arrangements for the communication of such information shall be set out in agreement.
The information provided in this framework is subject to the same provisions as those mentioned in Article 6.

Article 9. - In Chapter 2 of Law No. 2004-21 of 21 July 2004, it is hereby established that Section 4 as follows:

Section 4. -Pre-authorisation (or visa) for statistical surveys and censuses

Article 11. -ter
Any statistical survey (or census) of
Services and bodies producing public statistics, excluding internal statistical work which does not involve the assistance of persons outside the Administration, must be subject to the prior authorisation (or visa) of the Minister for Statistics.

The visa may only be granted if the investigation
(or the census) is part of the
Annual statistical programme, if it is provided for by special law or if it has an indisputable necessity and urgency. Recording a survey (or census) to the statistical program
National visa requirement.

To obtain a visa, service or organization
A producer of public statistics shall send to the Minister responsible for statistics a letter of request accompanied by the terms of reference of the mission. The application shall be heard and the reply given to the applicant within a time limit which shall not exceed fifteen (15) calendar days from the date of transmission of the complete file by the applicant to the Minister responsible for statistics. Past this period.

The visa is deemed to have been granted. Discharges must be motivated.

The visa shall also apply, under the conditions laid down in the first paragraph of this article to surveys (or censuses) not recorded in the national statistical programme and carried out at the request of other national public administrations; Public institutions, national corporations and corporations
Public participation and international public administrations.

The services and bodies producing public statistics may entrust, under their responsibility,
Companies or institutions or private organizations, to collect, process, and analyse information
And conduct statistical surveys. The statistical surveys carried out in this framework shall be subject to the visa under the conditions laid down in the first two paragraphs of this Article. The principles of statistical confidentiality and
Of the obligation of reply also apply to
These operations.

Article 10. - Article 13 of Law No. 2004-21 of 21 July 2004 is repealed. A new Chapter 3 is created after Chapter 2 of Law No. 2004-21
As of 21 July 2004, as follows:

Chapter 3. -Criminal and administrative provisions

Article 12. - (new)
The infringements of the provisions of Act No. 2004-21 of 21 July 2004 (as amended by this Law) and the regulations made for its application shall be recognised by the judicial police officers or by the sworn agents of the National Agency Statistics and demography or other services and bodies producing public statistics.

The minutes relating to these offences shall be drawn up and brought before the Minister responsible for statistics, who shall transmit them to the Public Prosecutor's Office.

Article 12. -bis
Officers, caught in contravention of the provisions of articles 6, 7 and 8 (new), are liable to imprisonment for 6 days and to a fine ranging from 200,000 to 1 000 000 CFA francs or both.

Irrespective of the criminal sanctions thus laid down, these officers are subject to disciplinary sanctions without the benefit of the guarantees provided for in Articles 46 and 51 of Act No. 61-33 of 15 June 1961 on the general status of civil servants.

Article 13. - (new)
In the event of an infringement of the provisions laid down in Articles 10 and 11 (new), the Minister responsible for statistics, after reasoned opinion by the Director-General
The National Agency for Statistics and Demography, without prejudice to criminal prosecution, may impose sanctions on defaulting private persons.

The persons concerned must be placed in a position to acquit themselves of the complaints they are accused of. They must also have sufficient time to present their defence.

These penalties consist of fines based on the seriousness of the offence, the economic level of the offender and the circumstances in which the offence was committed. They shall be fixed as follows:

-between 20 000 and 250 000 CFA francs if it is a natural person;

-one per cent (1 %) of the turnover of the last year if it is a legal person under private law.

The fines thus set are recovered by the State Treasury.

The names of the offenders are published in the Official Gazette of the Republic of Senegal.

Article 14. (new)
If the offender considers himself to be in his or her rights, he or she may remain in court to challenge the lawfulness of the sanctions imposed on him.

Article 15. - (new)
Where the offender is a service of the State, a public institution, a national society or a public participation company, the other direct
A voluntary refusal of reply or of a data transmission shall be subject to the penalties provided for in Article 13 (new), where appropriate administrative sanctions.

Article 11. - Chapter 3 of Law No. 2004-21 of 21 July 2004 becomes Chapter 4 and is replaced by the following provisions:

Chapter 4. -From the National Statistical System:

First Section. -The mission of the National Statistical System

Article 16. - The mission of the National Statistical System is to provide public administrations, regional and international institutions, non-governmental enterprises and organizations, the media, researchers and the public with information Reliable and up-to-date statistics relating to all areas of the nation's life, including economic, social, demographic, cultural and environmental issues.

Section 2. -Institutional Components
National Statistical System

Article 17. - The institutional components of the National Statistical System are:

-the National Statistics Council;

-the Agency named " National Agency for Statistics and Demography ";

-Other public structures in the national statistical system.

Article 18. - (new)
The National Statistics Council is responsible for proposing to the government the general guidelines of the nation's statistical policy, the priorities
In the area of treatment and dissemination
Statistical information as well as the instruments of coordination of activities of the National Statistical System.
The National Statistics Council shall ensure the coordination of the development, production and dissemination activities of the National Statistical System, in accordance with the fundamental principles governing public statistical activities and Ensures cooperation between producers and users of statistical information.

The National Statistical Council approves the multi-annual statistical programme. This programme takes into account the obligation to conduct a general census of population and habitat every ten years and a census of agriculture (plant and animal production, forestry and fishing activities). It should also include statistical surveys at shorter intervals.
The National Statistical Council also approves the annual statistical programme which specifies each calendar year the set of activities planned, their implementation date, the necessary resources and the services or bodies responsible.

The powers, composition and operating rules of the National Statistical Council shall be fixed by decree.

Article 19. - (new)
The National Agency for Statistics and
Demography and a national implementing agency.

It has the moral personality and autonomy of management. It is the main statistical agency of the National Statistical System. In addition
Its development, production and
Dissemination of statistics in its own areas of competence, it centralizes and disseminates
Summaries of statistical data produced by the national statistical system as a whole. To this end, the other services and bodies producing public statistics are obliged to provide it with the statistical data which they produce as soon as they are available.

The National Agency for Statistics and Demography provides technical coordination of the National Statistical System under the supervision of the National Statistical Council.

The powers and rules of organisation and operation of the National Agency for Statistics and Demography shall be fixed by decree.

Article 20. - (new)
The other public structures of the National Statistical System include the services responsible for the development, production and dissemination of statistics, placed with the ministerial departments and public bodies, and Parapublic and national training institutions for statisticians.

Except as otherwise provided, the creation, functions and rules of organisation and operation
Other public structures of the National Statistical System are fixed by decree.

Article 12. - Chapter 4 of Law No. 2004-21 of 21 July 2004 becomes Chapter 5 and is replaced by the following provisions:

Chapter 5. -Miscellaneous and final provisions

Article 21. - (new)
Before their return to office, the agents of the services and bodies producing public statistics must lend before the judicial authority
The following oath: I swear to carry out my duties well and loyally, to observe the duties they impose on me and in particular to respect statistical confidentiality."

Article 22. - (new)
The provisions of this Law shall be specified,
As appropriate, by order-in-council
Minister responsible for statistics, after advice of the National Statistical Council.

Article 23. - (new)
All legislative provisions are repealed.
Contrary to the provisions of this Act.
This Law shall be enforced as the law of the State.

Done at Dakar, January 3, 2012

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,
Souleymane NDene NDIAYE