Confidentiality of the information provided by respondents is protected by the Statistics Law:
- Section 7, Paragraph two, Clause 8 requiring statistical institute to ensure statistical confidentiality;
- Section 17 laying down the procedures for data processing and requirements for the protection thereof;
- Section 19, Paragraph one restricting dissemination of statistics allowing to identify private individual or a State institution.
Section 7. Competence of the Statistical Institution in Production of Official Statistics
(2) The statistical institution shall:
8) ensure statistical confidentiality in accordance with the procedures laid down in this Law;
Section 17. Data Processing and Statistical Confidentiality
(1) The statistical institution shall use the data that are obtained in accordance with Sections 14, 15, and 16 of this Law for the production of official statistics, with the exception of cases laid down in Sections 25 and 26 of this Law.
(2) The data may be modified, supplemented or combined with other data available to the statistical institution, as well as re-used for the production of other official statistics.
(3) In using data, the statistical institution has the right to establish and maintain statistical registers for the production of official statistics.
(4) The statistical institution shall determine the data storage duration, by taking into account the needs for production of official statistics.
(5) Data of a natural person obtained for the production of official statistics shall be anonymised immediately after collection, testing and linking thereof, except the case where personal data are still required for production of official statistics. The statistical institution shall ensure that the identifying data are stored safely and separately from other data.
(6) The statistical institution shall take all the necessary measures to prevent unauthorised access to data, data modification or dissemination, accidental or unauthorised destruction.
(7) Employees of the statistical institution shall not disclose data or any other restricted access information coming to their knowledge in the performance of their service or work duties. This shall also apply to persons who are temporarily involved in the production of official statistics or have terminated employment or service relations.
Section 19. Dissemination of Official Statistics
(1) The statistical institution shall disseminate official statistics in a way that does not allow either directly or indirectly identify a private individual or a State institution in cases other than those laid down in Section 25 of this Law.
Regulation (EC) No 223/2009 of the European Parliament and of the Council on European statistics states that:
(21) This Regulation ensures the right to respect for private and family life and to the protection of personal data, as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union [10].
(22) This Regulation also ensures the protection of individuals as regards the processing of personal data and specifies, as far as European statistics are concerned, the rules laid down in Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [11] and in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [12].
(23) The confidential information which the national and Community statistical authorities collect for the production of European statistics should be protected, in order to gain and maintain the confidence of the parties responsible for providing that information. The confidentiality of data should satisfy the same principles in all the Member States.
(27) The use of confidential data for purposes that are not exclusively statistical, such as administrative, legal or tax purposes, or for the verification against the statistical units should be strictly prohibited.
Sections 5 and 16 of the Freedom of Information Law stipulate that:
Section 5. Restricted Access Information
(1) Restricted access information is such information as intended for a restricted group of persons in relation to the performance of their work or official duties and the disclosure or loss of which, due to the nature and contents of such information, hinders or may hinder the activities of the institution, or causes or may cause harm to the legal interests of persons.
(2) As restricted access information shall be considered to be information:
1) which has been granted such status by law;
2) which is intended and specified for internal use by an institution;
3) which is a commercial secret, except for the case where a purchase contract has been entered into in accordance with the Public Procurement Law or other type of contract regarding actions with State or local government financial resources and property;
4) which concerns the private life of natural person;
5) which is related to certifications, examinations, submitted projects (except for the projects the financing of which is expected to be a guarantee provided by the State), invitations to tender (except for the invitations to tender which are associated with procurement for State or local government needs or other type of contract regarding actions with State or local government funds and property) and other assessment processes of a similar nature;
6) which is for official use only;
7) which is the information of the North Atlantic Treaty Organisation or of the European Union that is designated as ‘NATO UNCLASSIFIED’ or ’LIMITE’ respectively.
(3) The author of the information or the head of an institution shall determine restricted access status for information by indicating the grounds laid down in this Law or other laws.
(4) The author of information or the head of an institution shall determine restricted access status for information for a time period which is not longer than one year. The author of information or the head of an institution may decide on setting a new time period, also on cancelling the status prior to the termination of the laid down time period. If the time period for which restricted access status has been determined to information has expired, or if the restricted access status has been cancelled prior to the time period laid down in law, such information shall become generally accessible information.
(5) Paragraphs three and four of this Section shall not apply to cases where the restricted access status has been determined to information by law.
(6) Information which is accessible to the public without restrictions provided for in law or has already been published shall not be considered to be restricted access information.
Section 16. Protection of Restricted Access Information
(1) An institution shall ensure that the duty to protect restricted access information is known by all persons to whom this duty applies, if it is not laid down otherwise in law. A written confirmation shall be required from the persons who process restricted access information that they know the regulations and undertake to observe them.
(2) If, due to illegal disclosure of restricted access information, harm has been caused to its owner or another person, or his or her legal interests have been significantly infringed, these persons have the right to bring an action for damages for the harm done, or for restoration of the rights infringed.
(3) If a person has unlawfully disclosed information which has been recognised as restricted access information, he or she shall be disciplinary or criminally liable.
Section 10, Paragraph five of the State Administration Structure Law provides that:
Section 10. Principles of State Administration
(5) State administration shall comply with the principles of good administration in its activities. Such principles shall include openness with respect to private individuals and the public, the protection of data, the fair implementation of procedures within a reasonable time period and other regulations the aim of which is to ensure that State administration complies with the rights and lawful interests of private individuals.