Services Production index (base 2015)

Paru le :Paru le23/02/2024


Confidentiality - policy

At the national level, Article 6 of Act No. 51-711 of 7 June 1951, as amended, on the obligation, coordination and secrecy of statistics determines what statistical secrecy is, its limits and the conditions for its application. These rules apply to surveys conducted by the official statistical service (SSP) whether or not they are mandatory. The derogations provided for in this article are governed by the Act. As it stands, the only exemptions that remain applicable are those relating to the status of public archives for surveys and censuses, which authorise the disclosure of individual information contained in the questionnaires and relating to personal and family life and, in general, to the information contained in the questionnaires. family life and, in general, to private facts and behaviour, after a period of 75 years for individuals and 25 years for legal entities. According to the Act, this communication may not be used for tax control or economic repression.

The obligations relating to statistical confidentiality also apply to administrative data that INSEE or ministerial statistical services may have access to under the terms of Article 7 bis of the aforementioned Act, as well as to private data communicated under the terms of Article 3 bis. under the terms of Article 3 bis of the Act. Generally speaking, with regard to access to public data, confidentiality obligations relating to the protection of privacy or business secrecy and the protection of personal data are guaranteed by Act (Article 1 of the Act for a Digital Republic).

At the European level, the confidentiality of statistical information is affirmed by Article 338 of the EU Treaty. "The compilation of statistics shall respect (...) the confidentiality of statistical information". Statistical confidentiality is also the subject of Chapter V of Regulation 223/2009 as amended and Implementing Regulation No 557/2013 as regards access to confidential data for statistical purposes.

A Statistical Confidentiality Committee ensures that these statutory guarantees are maintained. Its powers are set out in Article 6 bis of Act No. 51-711 of 7 June 1951, as amended, on the obligation, coordination and secrecy of statistics and Chapter II of Decree No. 2009-318 of 20 March 2009 on the National Council for Statistical Information and the Statistical Confidentiality Committee. Statistical Confidentiality Committee. It is called upon to give its opinion on any question relating to statistical secrecy, and gives its opinion on requests for communication of individual data collected by means of a statistical survey or transmitted to the official statistical service, for the purpose of establishing a statistical report. for statistical purposes. Researchers can also ask the committee to give an opinion on access to various administrative data other than public statistics.

Chaired by a State Councillor, it includes representatives of the National Assembly and the Senate. The composition and operating procedures of the committee are set by decree in the Council of State.

The beneficiaries of data communications resulting from ministerial decisions taken after the opinion of the Statistical Confidentiality Committee undertake not to communicate these data to anyone.

Any breach of the provisions of this paragraph shall be punishable by the penalties provided for in Article 226-13 of the Criminal Code.

Confidentiality - data treatment

The main rules for turnover indices are : no dissemination of data if they are based on the compilation of less than 3 enterprises or if a single enterprise represents more than 85 % of the turnover of the field covered by the serie (dominance rule and p% rule).

Confidential treatment through TAU ARGUS (software designed to protect statistical tables) and confidential indices are not disseminated.