Statistical confidentiality

Agents of the official statistical service, INSEE or ministerial statistical services, like all public agents, are bound by professional secrecy (Ouvrir dans un nouvel ongletArticle L121-6 of the General Civil Service Code), which prohibits them from communicating confidential information of which they are in charge by virtue of their missions or functions, under penalty of the sanctions specified in Ouvrir dans un nouvel ongletArticle 226-13 of the Penal Code (up to one year's imprisonment and a fine of €15,000).

Statistical confidentiality constitutes a specific legal regime applicable to confidential data obtained or produced for statistical purposes. It complements the obligations arising from professional secrecy and strictly prohibits the disclosure of such data. Unlike ordinary professional secrecy, statistical confidentiality may be invoked against requests from administrative or judicial authorities. Data protected by statistical confidentiality may nevertheless be communicated - in the usual case after consulting Ouvrir dans un nouvel ongletthe Statistical Confidentiality Committee - in response to requests made for statistical purposes or purposes of scientific or historical research of public interest.

Statistical confidentiality derives from the obligations defined, on the one hand, in national law, by Ouvrir dans un nouvel ongletAct No. 51-711 of 7 June 1951 on the obligation, coordination and confidentiality of statistics, and, on the other hand, in European law, by the Ouvrir dans un nouvel ongletGeneral Data Protection Regulation and by Ouvrir dans un nouvel ongletRegulation 223 on European Statistics.

Statistical confidentiality excludes that data collected for statistical purposes can be used or re-used for decision-making purposes with regard to the persons concerned - natural and legal persons. In particular, it strictly excludes any use or re-use of such data for the purposes of tax control or economic repression. Statistical confidentiality applies primarily to individual data. However, it may also apply to aggregated statistical results (see below the guide to statistical confidentiality). By ensuring that the information collected cannot be used for purposes other than those provided for by law, statistical confidentiality fosters trust among the individuals and organisations concerned. It therefore contributes to the quality, reliability and comprehensiveness of the statistics produced.

Any person accessing data collected or processed for statistical purposes (interviewer, enumerator, statistician, authorised applicant) is subject to statistical confidentiality.

Statistical confidentiality excludes the dissemination of any statistical result that would allow the re-identification of the persons concerned, whether natural persons or legal entities. This obligation limits the detail of the information available for dissemination. It is expressed more particularly with regard to the dissemination of data concerning natural persons (Ouvrir dans un nouvel ongletArticle L312-1-2 of the Code of Relations between the Public and the Administration).

Rules facilitating the application of this principle are nevertheless admitted in practice. They may depend on the type of sources, the nature of the data and the entities concerned (individuals or businesses).

For individuals, rules are thus set specifically for Ouvrir dans un nouvel ongletpopulation censuses.

For businesses, in the general case, no result is published if it concerns less than three enterprises, or if a single enterprise represents 85% or more of its value. However, it is admitted that the dissemination of lists extracted from the register of enterprises or establishments may mention the economic activity, a class of employees and a turnover bracket.