Actividades Económicas

Mr O. Abdykalykov National Statistics Committee Board/ Collegium Main Computing Centre [175] Training Centre [19] Institute of Statistical Researches [17] Regional/ Oblast Statistical offices [340] Bishkek City Statistical office [115] Regional book keeping schools [1] _{District (town)} Statistical Offices [420] Osh city Statistical Office [24]

122

ANNEX 3: PROPOSED NEW VERSION OF ARTICLES 1, 3 AND 19 FOR THE LSS Article 1: Basic concepts and definitions used in the present Law

For the purpose of this law, the following basic concepts and definitions are used:

Official statistics activity (replaces state statistical activity): activities related to developing, producing and disseminating results of official statistics, or to the management and development of the national system of official statistics, which are carried out or mandated by a body of the national system of official statistics

The National system of official statistics of the Kyrgyz Republic (replaces System of state statistics) comprises the following bodies of official statistics:

 The National Statistics Committee (NSC) as the main producer and coordinator of the

system;

 The statistical departments of other producers of official statistics recognised in this Law

or through the procedure established by this Law;

 The State Council for Statistics as the top-level advisory body for the system

Results of official statistics (replaces official statistical information): authoritative

quantitative information at the aggregate level about relevant social, economic, demographic and environmental phenomena in the Kyrgyz Republic and its regions, which are developed, produced and disseminated in full compliance with the principles of official statistics and the other provisions of this Law.

Producers of official statistics (replaces the official statistical service subjects): The NSC and

other producers of official statistics recognised by this Law or through the procedure established by this Law.

Production of results of official statistics (replaces formation of the official statistical information): design, organisation and execution of data collection, either through primary

data collection with respondents (statistical surveys), or through the import into the system of official statistics of data the primary collection of which takes place outside the framework of this law, as well as the design, organisation and execution of the subsequent editing and processing of these data within the system of official statistics in view of the compilation and dissemination as results of official statistics.

Statistical survey (replaces statistical observation): systematic collection of primary statistical

data from respondents by a producer of official statistics for exclusively statistical purposes. A statistical survey is based on questions structured in the form of questionnaires (replaces

statistical observation form). Survey can be designed as exhaustive (covering all units of a

target population), or as samples that allow representative estimates of the target population.

Respondents in statistical surveys: natural persons staying in the Kyrgyz Republic irrespective

of their citizenship, or a cumulative group of such persons such as a private household or unincorporated business; legal entities, their subsidiaries, branches, representative offices and other separate structural divisions, including foreign entities located in the territory of the Kyrgyz Republic, and bodies of public administration and self-government insofar that they are included in the same statistical survey as legal entities from the private sector.

123

Administrative data: data collected by or on behalf of a body of public administration or self-

government other than a body that is part of the national system of official statistics (holder of

an administrative data set) with the purpose of use for administrative duties and the

performance of non-statistical tasks assigned to this holder in conformity with legal acts other than those concerning official statistics or censuses.

Statistical unit (presently not included in article 1): Most detailed level for which relevant

characteristics are collected or recorded by the national system of official statistics (unit-level

data, replaces primary statistical data). Certain unit-level data have to be treated as

confidential as specified in this Law. (Do not include a definition of confidential unit-level

data here, but rather in article 19)

Metadata (replaces both official statistical methodology and reporting and statistical documentation): Information about the methods used by producers of official statistics in the

collection and processing of unit-level data (e.g. questionnaires), about the definitions and classifications underlying the results of official statistics, and about the structure and decision- making processes within the system of official statistics. Metadata include information about quality, as well as evaluations or assessments of the system of official statistics or selected parts or activities within this system.

Statistical services (not included in the present article 1): The processing, by a producer of

official statistics, of unit-level data under its responsibility for statistical purposes that are not related to the production of results of official statistics, but are defined by a specific user or a specific use outside the system of official statistics. Statistical services include the transmission of unit-level data for research purposes following the specifications of this Law.

User: A body of public administration or self-government outside the system of official

statistics, a legal entity or a natural person, or an international organisation receiving or accessing results of official statistics or commissioning statistical services.

Statistical purpose (not included in the present article 1): The use of unit-level data in the

responsibility of the system of official statistics in any activity of official statistics at national, regional or international level, and for the provision of statistical services by a producer of official statistics.

Article 3 Scope of the Law on Official Statistics

The provisions of the present law are applicable to all parts of the national system of official statistics with respect to all activities of official statistics in their respective responsibility, the coordination and management of this system, and the provision of statistical services. With respect to statistical surveys, the present Law is applicable for all phases including the primary data collection from respondents, whereas for all other forms of collection of data from a body outside the system of official statistics, the relevant provisions of this Law concerning processing and dissemination of such data for statistical purposes, and the confidentiality of such data to be observed by the producers of the system of official statistics, are applicable from the moment when these data enter the system of official statistics.

Article 19 Confidentiality of unit-level data collected and recorded by the system of official statistics

Unit-level data that allow a specific natural person, a specific household or business unit composed of natural persons, or a specific legal person active in a private sector of the economy, to be either identified directly or indirectly, thereby disclosing information about this individual unit, has to be treated as confidential information.

124

Data that are confidential according to the present Law can never be used for non-statistical purposes, whatever the source of these data. In particular, they cannot be used by state or local self-government bodies, public civil associations, official and other persons for making decisions in relation to a specific unit protected by this Law.

The producers of official statistics in charge of such data cannot publicly disclose them, forward them to, or allow their access by, any person, any legal entity, or any body of public administration or self-government, that is outside the system of official statistics. For confidential data, the only authorised access from outside the system of official statistics is for exclusively statistical research purposes following the conditions of article XX (new article to

be introduced to this Law).

With the exception of statistical registers, producers of official statistics have to separate identifiers and characteristics of units protected by confidentiality as soon as possible. Questionnaires of statistical surveys completed by respondents that contain identification information have to be destroyed as soon as possible. By decree, the NSC Chairman fixes the detailed rules of implementation, including the technical and organisational standards to be implemented by producers for preventing unauthorised access and use of confidential and other unit-level data.

All officials and temporary employees working for a body of official statistics shall be obliged to sign a written statement that they observe the confidentiality rules of official statistics: This obligation is applicable beyond the period of employment in official statistics. The confidentiality provisions of this Law are fully applicable to unit-level data from population and housing censuses, or from agricultural censuses, that concern units protected under this Law. By decree, the NSC Chairman can further extend the range of protected units to public sector units that are active in a competitive market. In the same way, he can decide that certain basic aggregates without additional break-downs, including aggregates from censuses, can be published as results of official statistics according to detailed regional or economic activity classifications in spite of the possibility of indirect identification in some cases.

Confidential data can be exchanged between actors of the national statistical system if this is necessary for the execution of an activity of official statistics contained in the statistical programme, or for the evaluation of the quality of such an activity and its results. By decree, the NSC Chairman fixes the rules to be followed in such cases.

Concerning unit-level data about natural persons or groups of natural persons covered by the Law on Information of a Personal Character, producers of official statistics, in view of the non-personalised purpose of their collection and processing activities, are exempted from article 8, article 22, paragraph 2, and of that law. The right of access for the persons about whom data are stored in the system of official statistics (article xx LIPC) is limited to statistical registers, and does not extend to the right of correction or the right of asking for a ban of the use of his/her data (article xx LIPC) (this paragraph may better be included in the

LSS as an additional article in its own right, after article 19, rather than as a paragraph of article 19. The LIPC would have to be carefully scrutinised to identify all articles of the LIPC that have to be mentioned as not being applicable to statistical files with unit-level data about natural persons.)

125