1 State - People - Authorities - 15 Authorities - 150 General Provisions - Chapter One General Provisions (KSTATG)

The purpose of this law is to

a) define the roles of cantonal statistics;

b) organize cantonal statistics and guarantee its independence;

c) promote cooperation with the Confederation, cantons, municipalities, and internal or external bodies to the canton in the field of public statistics;

d) guarantee access to available public statistical information in a transparent and documented manner;

e) ensure respect for data protection in the field of statistics;

f) establish a legal basis for the execution of cantonal statistical surveys.

1. This law applies to statistical activities, encompassing all steps of the statistical production process, including, but not limited to, the tasks of identifying needs, collecting and validating data, production, analysis, publication, dissemination, and archiving of statistical data and information.

2. The following do not constitute statistical activities within the meaning of this law

a) the production of numerical data for the internal use of an organization, such as operational statistics, dashboards, and management indicators;

b) the preparation of accounting data.

1. This law applies to all statistical activities ordered or executed by the Council of State or the judiciary, as well as those carried out by the units of the cantonal administration.

2. Subject to exceptions regulated by the Council of State, Articles 5 to 8 are applicable

a) to municipalities;

b) to canton and municipal public law establishments endowed with legal personality, as well as to legal entities created by the canton or the municipalities.

3. If private entities request statistical activities from entities subject to the law under paragraphs 1 and 2 or execute mandates at their request, the law applies to the statistical activities carried out.

1. The purpose of cantonal statistics is to provide the cantonal and municipal authorities as well as the community with relevant, significant, reliable, and consistent statistical information.

2. Following the definition of the mandate and statistical concepts, it collects, produces, processes, analyzes, and stores data for statistical purposes based on scientific principles chosen independently, in compliance with the charter of Swiss public statistics.

3. In its statistical activities, the State contributes to the development of the Swiss statistical information system by collaborating with the Confederation, other cantons, municipalities, regional organizations, scientific communities, economic sectors, social partners, and the international statistical community.

4. The information from cantonal statistics contributes to

a) improving the understanding and analysis of collective phenomena and their development;

b) preparing, guiding, and evaluating public policies and measuring their effects;

c) responding, as far as possible, to the information needs of public authorities, scientific communities, the economy, social partners, various interest groups, the media, and the general public;

d) conducting research projects and general-interest prospective studies.

1. All individuals involved in the collection, processing, and dissemination of statistical information operate with complete independence and adhere to purely professional considerations, based on scientific principles and methods.

2. Statistical information is public within the limits respecting statistical confidentiality, according to Article 7 of this law.

3. Published statistical information is documented to facilitate its understanding and correct use; information is provided regarding its scope of validity as well as the sources and methods of data collection and processing.

4. The fundamental principles of the Swiss public statistics charter remain reserved.

1. Data Collection

The collection of data adheres to the general principles of proportionality and necessity; it complies with Articles 13 and 25 of the Law on Data Protection (LDP), dated September 30, 2008.

2. The entity concerned shall refrain from organizing public statistics surveys—whether direct, indirect, or based on observations or measurements—if it already possesses the required data. If not, it shall prioritize conducting an indirect survey with the entities mentioned in Article 3, paragraphs 1 and 2. If these data sources prove insufficient, the entity concerned shall endeavor to obtain representative results for the canton by regionalizing federal statistics.

3. If the procedures outlined in the previous paragraph do not allow the entity concerned to obtain the necessary data, it shall conduct a direct survey, which involves collecting new data at the source via questionnaires to natural or legal persons, solely for the purposes defined by this law. In such cases, it shall specify the survey's objective, purpose, target audience, responsible organization, the obligation to provide information, the cost of the survey, and its frequency.

1. Data collected or communicated for statistical purposes may not be used for other purposes unless expressly authorized by law or unless the person concerned has given written consent.

2. It is prohibited to disseminate statistical results that allow the identification of the individuals or legal entities concerned or the deduction of information about their individual situation, unless expressly authorized by law or unless the person concerned has given written consent.

3. Data collected for statistical purposes are processed confidentially and in accordance with data protection legislation.

4. Persons responsible for statistical work must maintain the confidentiality of data and facts related to individuals or legal entities that they become aware of in the course of their activity.

1. Any person engaging in statistical activity, as per the provisions of Articles 2 and 3, must adhere to the cantonal regulations concerning data protection; when conducting or participating in a federal statistical survey, they must comply with the provisions of federal legislation on statistics concerning data protection and security.

2. To carry out its statistical tasks, the concerned entity may match data provided it is anonymized. If sensitive data is matched or if data matching allows the creation of personality profiles, the matched data must be deleted once the statistical exploitation work is completed.

3. Personal data held for statistical purposes is protected by appropriate technical and organizational measures against any misuse.

4. Data relating to individuals is particularly stored in such a way that it cannot be accessed, modified, or destroyed by unauthorized persons.

5. Lists of names and addresses established for data collection or survey coordination, as well as survey documents containing the names of respondents, cannot be retained; they are destroyed as soon as they are no longer essential for the performance of the statistical work, subject to Article 14 of this Act.

6. Survey materials that contain names or personal identification numbers, in addition to the surveyed data, must only be processed by duly authorized entities or persons.

1. The Council of State designates the competent department.

2. It orders the execution of the necessary surveys and sets the terms. It may delegate this competence.

1 The service responsible for statistics (hereinafter: the service), designated by the Council of State, is the sole body for cantonal statistics. Its task is to provide statistical services to state departments and institutions, municipalities, and the public.

2. The Council of State defines the missions of the service.

In order to ensure the coordination of cantonal statistics, the service collaborates with the Confederation, other cantons, other units of cantonal administration, communes, and any other partners.

1. To enable the service to fulfill its tasks, the entities referred to in Article 3, paragraphs 1 and 2, communicate the basis and the results of their statistical activities to it.

2. If necessary, they also provide data from their records and registers, indicating the method used and the processing performed.

3. Anonymous individual data relating to persons may be communicated, for exclusively statistical purposes, to official statistical services or research organizations, which must commit in writing to comply with cantonal provisions on statistical secrecy and data protection and to not transmit these data to third parties.

1. The service can advise the cantonal administration units and the municipalities. To the extent possible, it offers them statistical support services and scientific assistance.

2. It provides them with the necessary data within the framework of Article 8 of this law.

1. The service may establish registers or participate in the establishment of registers for statistical purposes and for purposes of public interest related to natural or legal persons, provided that legal provisions expressly authorize it.

2. It may use identifiers and names to update and correct the registers under its responsibility. It is specifically authorized to systematically use the social security number for the fulfillment of its statistical tasks.

3. For coordination purposes, it is consulted during the creation and updating of the registers.

A multiannual program is established within the framework of each legislative program. If necessary, the service collects the required information from the relevant partners. This program must be approved by the Council of State. It provides information on

a) the main work of cantonal statistics;

b) the anticipated financial and personnel costs for the canton, or even for the municipalities;

c) the consequences for the circles participating in the surveys and those being surveyed;

d) the cooperation with the Confederation, the cantons, the municipalities, and other entities.

1. When ordering the execution of a survey, the Council of State may, if the completeness, representativeness, or comparability of a statistic requires, compel individuals or legal entities or their representatives to provide the requested information.

2. Persons subject to the obligation to provide information must furnish complete and truthful information, within the set deadline, in the prescribed form, and free of charge.

3. Any person who voluntarily responds to questions posed during a survey must provide truthful information.

1. When it orders the execution of a survey, the relevant entity determines, after consultation, to what extent the entities referred to in Article 3, paragraphs 1 and 2, should be involved.

2. To ensure the application of the data collection principles in the sense of Article 6, it may request the transfer of data contained in their files if the applicable legal basis for these data does not expressly prohibit their use for statistical purposes. The communication of these data is only permitted under the conditions set by Article 8.

1 When entities subject to this law request third-party statistical activities, the parties shall contractually stipulate compliance with the fundamental principles outlined in Articles 5 to 8 of this law, including the guarantee of data protection and statistical confidentiality.

2. The parties shall agree on any potential remuneration.

1. The basics and main results are published in a form adapted to the needs of the users; unpublished results are made accessible to them in an appropriate manner.

2. Subject to any publications prescribed by law, the results must be presented in a form that makes it impossible to deduce the situation of a natural or legal person, unless the data processed has been made public by the person concerned.

1. The service conducts specific data analysis for the units of the cantonal administration and, to the extent of its capabilities, for the municipalities and third parties.

2. The service may carry out work of a limited duration if the principal bears the costs or provides the necessary personnel.

1. The use or reproduction of published results, made accessible or developed from public statistical data is free, provided the source is indicated.

2. The Council of State may provide exceptions when the results are used for profit-making purposes.

The Council of State determines the services subject to fees and sets the amount thereof.

The Council of State establishes the implementing provisions.

Decisions made pursuant to this law may be subject to appeal in accordance with the Administrative Procedure Act (APA) [2], dated March 18, 2025.

Anyone who deliberately provides false or misleading information during a survey conducted under this law, or who fails to comply with the legal obligation to provide information or does so in an unsatisfactory manner, despite a written reminder, is liable to a fine.

1. Whoever has, intentionally or negligently, infringed the provisions of Articles 7, 8, and paragraph 3 of Article 12 of this law, by disclosing data whose communication is prohibited or by using them for purposes other than statistical ones, shall be punished with a fine ranging from 100 to 10,000 francs.

2. Articles 320 of the Swiss Penal Code and 51 of the Neuchâtel Data Protection Act of September 30, 2008, remain reserved.

This law is subject to an optional referendum.

1. The Council of State shall, if necessary, provide for its promulgation and execution.

2. It shall establish the date of its entry into force.

Law promulgated by the Council of State on March 9, 2011.

The entry into force is set to take effect on March 15, 2011.