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107 CH-BL

Cantonal Statistics Act - Scope of Regulation

27 Articles / Provisions · Switzerland · Canton of Basel-Landschaft
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Table of Provisions (27)

Statutory Text (27 Articles)

General Provisions

1. This law regulates the public statistics of the canton (short: Statistical Surveys).

General Provisions

1. Statistical surveys serve to obtain empirical, representative, and coherent information about the development of the canton.

2. They provide statistical information to the public, cantonal and municipal authorities, politics, the economy, social partners, science, and the media about the population, society, economy, space, and environment.

3. The statistical information serves as a basis for decision-making for the canton.

General Provisions

1. Statistical surveys are subject to the Cantonal Information and Data Protection Act.

2. Statistical activities for the Confederation are additionally subject to the Federal Statistics Act of 9 October 1992 and the Federal Data Protection Act of 19 June 1992.

3. In cooperation with the Confederation, other cantons, as well as additional domestic or foreign institutions, it must be ensured that data protection according to the standards of the canton of Basel-Landschaft is guaranteed.

General Provisions

1. Persons from cantonal, municipal, or intermunicipal administrative offices who are involved in statistical surveys must keep confidential all data concerning individual natural or legal persons that they become aware of in the course of their work.

2. Data that allows for the identification of natural or legal persons or inferences about their circumstances must not be made accessible to anyone. Exceptions are provided by § 17 paragraph 1 sentence 1 and § 17a.

3. Data must be protected against any unauthorized access, alteration, or destruction through appropriate technical and organizational measures.

4. Source data pursuant to § 10, as well as any survey material that permits the identification of natural or legal persons or inferences about their circumstances, must be destroyed as soon as they are no longer needed.

General Provisions

1. A data protection plan must be developed for each statistical survey.

General Provisions

1. The canton may establish and maintain registers for statistical surveys of natural and legal persons (statistical registers).

General Provisions

1. The administrative offices of the canton and the municipalities may access the statistical registers, provided they need the data for the fulfillment of their legally mandated administrative tasks.

2. Access requires the approval of the government council.

Statistical Surveys - General Provisions

1. The Government Council shall determine by ordinance the statistical surveys to be conducted. Reserved remains paragraph 2.

2. The Cantonal Parliament shall determine by decree the statistical surveys to be conducted, where data collection is carried out by questioning natural or legal persons with a duty to provide information.

3. In inter-cantonal and international statistical projects, the statistical surveys to be conducted shall be determined by agreement. This agreement requires the approval of the Cantonal Parliament if data collection is carried out by questioning natural or legal persons with a duty to provide information.

Statistical Surveys - General Provisions

1. The statistical survey includes the collection of data (abbreviated as data collection), its statistical processing, and the dissemination of the results.

Statistical Surveys - Data Collection

1. The data acquisition is carried out by obtaining the necessary data at the source (in short: source data).

Statistical Surveys - Data Collection

1. The canton obtains the required source data from its statistical registers.

2. If no suitable data is available in the statistical registers, the canton obtains the source data from federal, cantonal, municipal, or intermunicipal administrative bodies.

3. If no suitable data is available from the administrative bodies, the canton obtains the source data by surveying natural or legal persons.

Statistical Surveys - Data Collection

1. The cantonal, communal, and intercommunal administrative agencies are obligated to provide the necessary information for data collection.

2. The administrative agencies shall provide the information completely, truthfully, in a timely manner, in the prescribed form, and generally free of charge.

3. The Canton offers support to administrative agencies for complex data collections. Additionally, it may compensate communal or intercommunal administrative agencies.

Statistical Surveys - Data Collection

1. The survey includes the collection of data about the interviewed person themselves or about a person or group of persons for whom the interviewed person possesses data.

2. The interviewed persons are informed about the purpose and use of data collection as well as about the data protection measures.

**Statistical Surveys - Data Acquisition**

1. Anyone who voluntarily provides information in a statistical survey must provide it truthfully.

2. The canton may provide compensation for voluntary information that involves significant effort.

Statistical Surveys - Data Collection

1. The District Administrator may, by decree, obligate natural and legal persons of private and public law, as well as their representatives, to provide pertinent information during a data collection process.

2. The obligated parties must provide the information completely, truthfully, within the prescribed time, in the required manner, and generally without charge.

3. The Canton may provide compensation for information that involves an exceptionally large amount of effort.

Statistical Surveys - Statistical Processing

1. The processing of the source data results in the basic data set.

2. The processing includes the completion, validation, and appropriate cleansing of the source data.

Statistical Surveys - Statistical Processing

1. The source data may be returned. They must not be transferred.

2. The basic data set or parts thereof may not be returned or transferred. Subject to § 17a.

3. Reference to §§ 18 and 19 of the Information and Data Protection Act is excluded.

**Statistical Surveys - Statistical Processing**

1. The basic data set or parts thereof may be shared for research and planning purposes.

2. The recipient must commit to

a. anonymizing or pseudonymizing the personal data as soon as the purpose of the processing allows;

b. disclosing evaluations only in such a way that no conclusions can be drawn about the individuals concerned;

c. securing personal data, not processing it for other purposes, and not passing it on to third parties.

**Statistical Surveys - Statistical Processing**

1. The office responsible for statistical surveys (hereinafter referred to as the "Office") may link data to fulfill its legal statistical mandate, provided that such data is anonymized.

2. If particularly sensitive data are linked or if personal profiles result from the linking, the linked data must be deleted after they have been aggregated.

Statistical Surveys - Statistical Processing

1. The condensation of the basic data set and its potential linkage results in the statistical outcome.

2. The statistical outcome must not allow for the identification of natural or legal persons, nor permit conclusions about their circumstances. An exception remains with the written consent of the affected person.

**Statistical Surveys - Dissemination**

1. Important statistical results shall be disseminated. Additionally, aspects specific to the canton of Basel-Landschaft of important federal statistics and other public and private sources may be disseminated.

2. The dissemination shall be oriented towards the informational needs of the public.

3. Unpublished statistical results shall be made accessible at a low threshold and in a user-friendly manner.

**Statistical Surveys - Dissemination**

1. The agency disseminates the results of statistical activities from other administrative bodies in an appropriate manner.

2. Before dissemination, it ensures that

a. the data is processed,

b. the outcome neither allows for the identification of natural or legal persons nor permits inferences about their circumstances.

Final Provisions

1. Whoever intentionally or negligently violates §§ 4 or 17 shall be punished with a fine.

1bis. Whoever discloses, publishes, or processes personal data for personal purposes that they have obtained pursuant to § 17a, shall be punished with a fine.

2. Whoever intentionally provides false information in a statistical survey, or fails to fulfill their duty to provide information despite a written reminder, shall be punished with a fine.

Final Provisions

1. The Law of September 7, 1981, on Political Rights is amended as follows: ...

Final Provisions

1. The Law of April 21, 2005, on Cantonal Offense Criminal Law (Offense Criminal Law, OCL) is amended as follows: ...

Final Provisions

1. The Act of June 21, 2001 on Social Assistance, Youth Assistance, and Assistance for the Disabled (Social Assistance Act) is amended as follows: ...

Final Provisions

1. The Government Council determines the entry into force of this law.

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