Legislator · Canton of St. Gallen — Cantonal Legislation
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146.1 CH-SG

I. General Provisions

31 Articles / Provisions · Canton of St. Gallen — Cantonal Legislation
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Table of Provisions (31)

Statutory Text (31 Provisions)

I. General Provisions

1. In this decree, the following terms mean

a) Statistics: the aggregation of individual data for the purpose of gaining insights into the properties and relationships of mass phenomena;

b) Statistical information: insights into the properties and relationships of mass phenomena that are obtained from the aggregation of individual data;

c) Statistical data: data collected for statistical purposes that are not used in their individual form for enforcement;

d) Statistical activity: any activity aimed at generating or disseminating statistical information, as well as the design and documentation of these activities;

e) Cantonal statistics: statistical activities that fall within the scope of this decree;

f) Survey: the collection of statistical data for cantonal statistics.

I. General Provisions

1. This decree applies to the statistical activities of the cantonal administration and to persons or organizations that carry out statistical activities on behalf of the cantonal administration.

2. Excluded are the scientific activities of teaching and research institutions.

3. The government may establish further exceptions by ordinance.

I. General Provisions

1. The cantonal statistics provide authorities and the public with statistical information about the population, economy, society, space, and environment.

2. They support the preparation, fulfillment, and review of cantonal tasks and cover general information needs of communities, society, science, and the economy.

I. General Provisions

1. Statistical activities shall be conducted according to scientifically recognized principles and methods.

2. Statistical information is public, subject to data protection legislation.

3. Statistical information shall be published with details concerning the definitions of terms on which they are based, the sources, as well as the collection and evaluation methods.

4. Statistical data and information shall be collected and stored in a manner that ensures their sustainable use, and the details mentioned in paragraph 3 of this provision are traceable.

II. Organization

1. The government decides on a multi-year program for cantonal statistics.

2. It determines the duration of the multi-year program and aligns it with the priority planning pursuant to Art. 16b of the State Administration Act of June 16, 1994.

3. It provides the municipalities with the opportunity to comment if the multi-year program envisages new surveys that require the cooperation of the municipalities.

II. Organization

1. The Multi-Annual Program ensures

a) an economical and effective use of resources;

b) minimal effort for informants and respondents;

c) the periodic review of the significance of statistical information;

d) the comparability of statistical information over time.

II. Organization

1. The Multi-Year Program provides information on

a) all ongoing and planned statistical activities;

b) the financial and personnel expenditure;

c) the expected burden on respondents and interviewees;

d) the planned collaboration with other entities of public statistics.

II. Organization

1. The Cantonal Statistics Office is the specialist body for cantonal statistics.

2. It

a) coordinates the cantonal statistics and ensures their professional management;

b) provides services in the field of cantonal statistics;

c) carries out statistical activities.

3. The government regulates the details, in particular the tasks and competencies of the Cantonal Statistics Office, by ordinance.

II. Organization

1. The cantonal statistics office may analyze existing statistical data of the cantonal statistics for individuals and organizations outside the cantonal administration.

2. It may undertake statistical tasks for the municipality through an agreement.

3. It charges fees that cover costs for its services.

II. Organization

1. The canton collaborates with other entities of public statistics for the further development of public statistics.

III. Data Collection

1. Statistical Data Collection

Statistical data shall be collected if the collection

a) is required by law;

b) is included in the multi-year program;

c) is specifically decided upon by the government in individual cases.

III. Data Collection

1. The competent authority of the canton shall regulate the details of the survey after consulting the cantonal statistical office and the relevant cantonal service departments.

2. It shall particularly regulate data protection, insofar as it is not governed by data protection legislation, and designate the body responsible for ensuring compliance with data protection.

3. The competent authority of the canton is

a) the government, if entities outside the cantonal administration are obliged to provide information;

b) the cantonal statistical office or the service department designated by it for surveys conducted by the canton on behalf of the federal government;

c) in all other cases, the service department that requires the statistical information.

III. Data Collection

1. Statistical data shall be collected, as far as possible, through indirect assessment from existing data collections of the Confederation, cantons, and municipalities.

2. Direct assessment is permissible if the statistical information cannot be obtained from the existing data collections or can only be obtained with disproportionate effort.

III. Data Collection

1. The Offices of the Cantonal and Municipal Administration

a) provide data from their data collections for surveys;

b) provide information to the cantonal statistical office about the structure of their official registers.

III. Data Collection

1. The government may require individuals and organizations of private or public law to provide information for surveys if

a) a statistic is of significant importance;

b) the completeness, representativeness, comparability, or timeliness of the statistic necessitates it.

III. Data Collection

1. Subject to

a) the legislation on data protection;

b) statutory provisions of cantonal law regarding confidentiality, professional secrecy, and official secrecy, if they expressly exclude the information or the transmission of data for statistical purposes.

III. Data Collection

1. Information for the survey must be provided truthfully.

III. Data Collection

1. Participation in the collection is not compensated.

2. If the participation involves significant effort, compensation may be granted.

IV. Publication and Use of Statistical Information

1. Statistical information shall be published or otherwise made accessible.

2. Subject to the legislation on data protection.

IV. Publication and Use of Statistical Information

1. A fee may be charged for the acquisition of printed publications.

2. The municipality receives printed publications free of charge.

IV. Publication and Use of Statistical Information

1. Third parties may use statistical information that has been published or made accessible in other ways, provided the source is cited. Copyrights that the canton cannot dispose of are reserved.

V. Data Protection, Data Disclosure, and Data Security

1. Statistical data is used exclusively for statistical purposes.

2. Use for another purpose is permissible if it is expressly provided for in a federal or cantonal law, or if the affected person provides written consent.

3. Decisions based on the misuse of statistical data are invalid.

V. Data Protection, Data Disclosure, and Data Security

1. Public Statistical and Research Institutions Outside of Cantonal Administration

Public statistical and research institutions outside of the cantonal administration may receive statistical data from the cantonal statistics office if they commit to

a) adhering to the provisions of this decree;

b) only disclosing the data with the consent of the cantonal statistics office.

2. The acquisition of statistical personal data is additionally governed by the legislation on data protection.

V. Data Protection, Data Provision, and Data Security

1. A processing fee is charged for the submission.

V. Data Protection, Data Provision, and Data Security

1. Collection materials containing the names or personal identification numbers of the individuals concerned shall be processed exclusively by the collection agency.

2. The collection agency shall destroy collection materials pursuant to paragraph 1 of this provision, as well as name and address lists used for conducting the collection, as soon as the documents are no longer needed for statistical purposes.

V. Data Protection, Data Provision, and Data Security

1. The linkage of statistical data is permissible.

2. Statistical personal data shall be linked exclusively by the cantonal statistical office.

3. Linked statistical personal data shall not be stored. Exceptions are made for anonymized personal data.

V. Data Protection, Data Provision, and Data Security

1. For statistical data of the cantonal statistics, the insured person’s number according to the Federal Act on Old-Age and Survivors' Insurance may be used as an identifier to enable data linkages.

VI. Final Provisions

1. The government regulates the fees for obtaining printed publications and the provision of statistical data.

VI. Final Provisions

1. Anyone who intentionally provides false information during a survey or, despite a warning, fails to fulfill a duty to cooperate correctly or at all, shall be punished with a fine of up to CHF 5,000.

VI. Final Provisions

1. Anyone who intentionally uses statistical data, which he or she processes on behalf of the cantonal administration or has received under Article 23 of this decree, for purposes other than statistical ones, or discloses it without the consent of the cantonal statistical office, shall be punished with a fine.

VI. Final Provisions

1. The government determines the commencement of this decree's enforcement.

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