Legislative and institutional framework

The legal reference framework for official statistics is essentially constituted by two texts: the 1951 Act, a special law devolved to the missions of the official statistical service, and the Data Protection Act, to which statistical processing is subject like all processing of data relating to natural persons.

The 1951 Act (Ouvrir dans un nouvel ongletAct No. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics) defines the official statistical service, consisting of INSEE and ministerial statistical services, in relation to general public information missions and the principle of professional independence. It defines statistical confidentiality, which prohibits the disclosure of confidential data obtained by the official statistical service for statistical purposes, except, under the conditions laid down by law, for statistical, scientific research or historical research purposes. Statistical confidentiality also applies to statistical outputs where these are liable to reveal, directly or indirectly, information protected by such confidentiality. The Act also lays down the conditions governing official statistical surveys, particularly where participation in such surveys is made compulsory. In order to enable it to carry out its tasks, the Act further grants the official statistical service a right of access to information held by public authorities where such information is necessary for the production of official statistics, including where it is protected by a statutory duty of confidentiality. The Act also provides, under certain conditions, for access to data held by private organisations where such data are required for the conduct of a compulsory statistical survey.

The 1951 Act also creates various bodies that play an essential role in the operation and regulation of official statistics activities:

The missions and operating procedures of these bodies are set by decree: Ouvrir dans un nouvel ongletDecree No. 2009-250 of 3 March 2009, as amended, for the ASP, Ouvrir dans un nouvel ongletDecree No. 2009-318 of 20 March 2009 for the others.

The general provisions applicable to Member States' contributions to the production of European statistics are set out in a dedicated regulation, the Ouvrir dans un nouvel ongletrevised Regulation (EU) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European Statistics. This regulation defines the European Statistical System, of which INSEE and the ministerial statistical services are part, and the governance of this system. It is based on the same main principles as those of the 1951 Act (professional independence, confidentiality, facilitated access to data) and the creation of the ASP stems directly from the obligations it entails with regard to the procedures for guaranteeing the professional independence of official statisticians. It refers more broadly, for its principles, to the European Statistics Code of Practice, which is the reference ethical framework for all agents of the official statistical system. The 2024 revision of the Regulation introduced new provisions concerning access by national statistical institutes and Eurostat to certain data held by private entities, where such data are necessary for the production of European statistics

The Data Protection Act (Ouvrir dans un nouvel ongletAct No. 78-17 of 6 January 1978 on information technology, files and freedoms) is designed to ensure that all individuals have control over the use of their personal data, and in so doing, to reconcile the development of personal data processing with respect for fundamental rights. Since 2018, it is part of a harmonised European legal framework defined by the Ouvrir dans un nouvel ongletGeneral Data Protection Regulation (GDPR). The law imposes obligations on all data controllers which are essentially based on two main principles: a principle of transparency - information to data subjects and response to their requests, documentation of processing - and a principle of controlling and limiting the risks of impact of processing on the privacy of data subjects. Statistical processing carried out by the official statistical service is subject to the GDPR and the French Data Protection Act. Statistical confidentiality constitutes an essential safeguard for data protection and contributes to the application of the specific legal regime that European Union and national law provide for processing carried out for statistical, scientific research or historical research purposes.