Ordinance on the execution of cantonal statistical surveys (ORStat) - Purpose and Scope (STATEV)

1. This regulation governs the conduct of statistical surveys and the processing of collected data for the creation of statistics.

2. It applies to full, partial, and sample surveys, with or without interviews, as well as to the evaluations of administrative data within the meaning of Article 5, paragraph 2 of the StatG.

1. With the aim of compiling statistics on the status and development of the real estate market in the canton, the following data can be processed

a) Data collected from respondents

1. Internal building identifier

2. Federal building identifier (EGID)

3. Building address: Street

4. House number

5. Postal code

6. Locality

7. Internal entrance identifier

8. Internal apartment identifier

9. Federal apartment identifier (EWID)

10. Apartment number or location on the floor

11. Floor

12. Type of real estate transaction

13. Type of property

14. Apartment status

15. Commentary on apartment status

16. Number of rooms

17. Living area in m²

18. Internal tenant identification

19. Monthly net rent

20. Monthly flat rate ancillary costs

21. Monthly advance payments for ancillary costs

22. Other costs

23. Deduction/subsidy

24. Monthly gross rent

25. Start of the current lease agreement

26. Accepted termination date

27. Desired termination date

28. Internal owner identification

29. Type of owner

b) Level A data from the Federal Register of Buildings and Dwellings (GWR) according to Annex 1 of the Ordinance of 9 June 2017 on the Federal Register of Buildings and Dwellings (VGWR);

c) Data on companies operating in the real estate sector in the canton from the Business and Enterprise Register (BUR) according to the lists in Articles 3 and 3a of the Federal Ordinance of 30 June 1993 on the Business and Enterprise Register (BURV);

d) Data from the Population Register (FriPers) according to Article 4 of the Law of 23 May 1986 on Population Control (EKG)

1. Pseudonymized identifier

2. Year of birth

3. Date of death

4. Gender

5. Mother tongue

6. Municipality

7. Registration status

8. Building identifier (EGID)

9. Apartment identifier (EWID)

10. Household number

11. Type of household

12. Move-in date

13. Address, line 1

14. Address, line 2

15. Street

16. House number

17. Swiss postal code

18. Additional postal code line

19. Locality

20. Nationality

21. FSO nationality number

22. Arrival date

23. Place of origin

24. Canton of origin

25. Country of origin

26. Departure date

27. Destination locality

28. Destination canton

29. Destination country

30. AHV number (AHVN13)

e) Data from the Land Registry

1. Plot area

f) Data from the application for managing building permit processes (FRIAC dossier);

g) Data collected by the KSTV

1. Number of imputed rental values per address of real estate located in the canton

2. Income according to Article A1-5 of the Implementing Regulation to the Social Assistance Act (ARSHG)

1. Data Linking (Art. 18 para. 1)

| Linked Datasets | Linking Key | Purpose | Data Collection Body |

| --- | --- | --- | --- |

| Rent Index / GWR | EGID | Indicators for sub-areas of municipalities (neighborhoods) | HSW-FR |

| Rent Index / GWR / Tax Data (Number of Imputed Rents per Address) | EGID | Determination of the rental property stock (coverage rate = observed rental apartments / total rental apartment stock) | HSW-FR |

| Rent Index / FriPers / GWR | EGID / EWID | Socioeconomic Indicators + Monitoring of vacant apartments | HSW-FR |

| FriPers / GWR / Tax Data | EGID / EWID / AHVN13 | Income indicators per apartment | Office |

| Rent Index / Income Data per Apartment / FriPers | EGID / EWID | Financial and socioeconomic indicators per apartment or apartment category | HSW-FR |

1. The collection agencies are the Office for Statistics and Data (the Office) as the central statistical office of the canton and the authorities designated in this ordinance or in special legislation for surveys within their respective areas of jurisdiction.

1. The survey authorities prepare and conduct the surveys. They develop the survey documents after consulting the affected parties, evaluate the results, and publish them.

1. Before the survey bodies conduct a survey, they consult with the office to determine whether the information sought can be extracted from existing statistical or administrative data.

2. In their statistical activities, they adhere to the nationally and internationally recognized principles of statistics, notably those of professional independence, objectivity, confidentiality, data security, and data protection.

1. The Office coordinates the cantonal surveys and ensures, as far as possible, that the results are comparable regionally, nationally, internationally, and over time. It promotes the harmonization of methods and definitions and may issue directives for this purpose.

2. The survey bodies shall obtain the opinion of the Office before conducting surveys.

1. For the conduct of surveys, the survey authorities may access administrative registers or create registers based on cantonal administrative data.

2. These registers contain the necessary information to ensure that the respondents can be contacted and the follow-up of the surveys is guaranteed.

3. The office manages the registers.

1. If third parties are commissioned with data collections, the data collection agencies are subject to the legal provisions on data protection and, with respect to the outsourcing of data processing, to the legislation on e-government.

2. They regulate the rights and obligations of these third parties in specific contracts. Regarding the use of personal data, the data collection agencies obligate the third parties in particular to

a) use the data communicated to them or collected by them in the scope of their commission solely for the execution of the commission;

b) not to combine the collection conducted for the data collection agency with other collections for further clients without having obtained the express consent of the data collection agency or the authority.

3. The data collection agencies ensure that the commissioned third parties have taken the necessary organizational measures to process these data in accordance with the legislation on data protection and e-government, as well as the principles of this regulation.

**1.** The selected natural and legal persons of private and public law, as well as the bodies of the cantonal administration and the municipal administrations, are invited to participate.

**2.** The data collection agency or the contractor, if the collection is outsourced, informs the selected persons about

a) the legal basis of the collection;

b) its subject matter;

c) its procedure;

d) the use of the data; and

e) the planned data protection measures.

1. All individuals and entities entrusted with conducting the surveys are obligated to treat the collected data confidentially.

2. They shall ensure that the collected data is stored in a secure location.

3. The confidentiality and diligence obligations of external contractors are governed by contract.

1. The individual data collected under the provisions of this regulation may only be used for statistical and research purposes.

1. The data collection authorities may use the necessary personal identifying characteristics for the completion, control, and processing of collected individual data.

2. They may link the collected information with information from other sources (data linkage) in the individual data, provided that the law grants them access to these data sources. Exempted are the federal legal provisions concerning linkage with federal data or with data obtained based on federal law. Cases of systematic data linkage are listed in Appendix 1.

3. The individual data shall be anonymized immediately after linkage, or, if necessary for longitudinal comparisons, pseudonymized, as soon as their processing and utilization purpose permits.

1. Collection authorities may provide the individual data from surveys to private or public entities for statistical and research purposes, provided the following conditions are met and contractually agreed upon

a) The transmitted data no longer contain any personally identifiable characteristics.

b) The recipient commits not to forward the received data to third parties and to destroy them upon completion of the work.

c) Necessary security measures are implemented.

2. Collection authorities may transfer the individual data required for statistical purposes to the statistical offices of the Federation, the cantons, and the municipalities, provided that data protection is ensured and the necessary contractual agreements have been made.

1. The collection bodies shall destroy the personally identifiable characteristics and the survey documents as soon as they are no longer required for the capture, completion, verification, and processing of the data, or for the creation of long time series.

1. The results of the surveys shall be published or made accessible in a manner that precludes any identification of the individuals, households, businesses, and/or establishments surveyed.

1. The respondents shall bear the costs for providing the necessary data.

2. Subject to any provisions to the contrary, the surveying bodies shall bear the costs for the preparation and execution of the surveys, as well as for the evaluation and publication of the results.

1. Subject to any other provisions, the fees referred to in Article 22 of the Statutory Act shall be collected by the Office.

1. A survey shall be conducted to compile statistics on the status and development of the real estate market in the canton. The list of data to be collected is found in Appendix 1.

2. The School of Management Fribourg (HSW-FR) is the designated body responsible for conducting the survey. In deviation from Article 7, it is not permitted to delegate the execution of the survey to third parties.

3. However, the office is the recipient of data provided by the Cantonal Tax Administration (KSTV) pursuant to Article 18a paragraph 2 letter c of the StatG. Data concerning the imputed rental value is excluded from this.

1. The data collected during the survey may be linked in accordance with Article A1-2, paragraph 1.

2. The office forwards the result of the links, carried out based on Article A1-2, paragraph 1, to the HSW-FR.

1. The data carriers must be located in Switzerland and be subject to Swiss law.

2. The collected personal data shall be retained in non-anonymized form for 15 years to perform a longitudinal analysis of the real estate market over three legislative periods. These data are to be used exclusively for statistical purposes and must be destroyed after the retention period expires.

1. The statistical indicators targeted by the survey are determined by the HSW-FR upon the request of the Freiburg Housing and Real Estate Monitor Association (the Association).

2. The HSW-FR communicates the chosen indicators to the Association and the Office.

1. The collection is conducted electronically.

2. It takes place quarterly.

1. All individuals and all private and public organizations managing real estate in the canton may be questioned.

2. The questioned individuals and organizations are obliged to provide information.

1. The results of the survey shall be published by the HSW-FR and/or the Office.

1. Collection costs are borne by the state and the other association members.

2. The state's share is determined in the budget estimate.