Principle 2: Mandate for Data Collection and Access to Data

The mandate of the statistical authorities to collect and access information from multiple data sources for the development, production and dissemination of European Statistics is specified in law.

French Ouvrir dans un nouvel ongletAct No 51-711 of 7 June 1951 on Legal Obligation, Coordination and Confidentiality in Statistical Matters forms the legal framework for the production of Official Statistics. In particular, it stipulates that INSEE and the Ministerial Statistical Offices (MSOs) shall base their production on statistical surveys which are the subject of orders able to make them compulsory. It also allows the use of data collected by administrative departments, public bodies or private organisations discharging a public service remit. It lays down conditions for access to the databases of legal entities governed by private law requested in the context of surveys.

French Ouvrir dans un nouvel ongletAct No 2016-1321 of 7 October 2016 for a Digital Republic complements this framework by more broadly laying down the principle of compulsory transmission of public data between administrative departments free of charge. In addition, it makes it compulsory for private bodies to transmit data digitally, under certain conditions, for the purposes of Official Statistics.

The mandate given to the statistics authorities may also take the form of a special act for certain “flagship operations”. As an example, French Ouvrir dans un nouvel ongletAct No 2002-276 of 27 February 2002 on Local Democracy grants INSEE the responsibility of organising and monitoring the collection of population census information (Title V, Article 156, III).

The statistical authorities are allowed by law to access administrative data, promptly and free of charge, and use them for statistical purposes. They are involved from the beginning in the design, development and discontinuation of administrative records, in order to make them more suitable for statistical purposes.

Article 7 bis of French Ouvrir dans un nouvel ongletAct No 51-711 of 7 June 1951 provides for the transfer to INSEE or the Ministerial Statistical Offices (MSOs) of the information collected by an administrative body, a legal entity governed by public law or a legal entity governed by private law managing a public service. Such data may be used only for statistical purposes. They are accessed through an agreement between the service that owns the information and the service that produces the statistics.

This specific right is supplemented by provisions introduced in Article 1 of French Ouvrir dans un nouvel ongletAct No 2016-1321 of 7 October 2016 for a Digital Republic, which more broadly establishes the principle of the obligation to transmit public data between administrative bodies free of charge when these data are needed for the bodies to complete their missions.

For specific cases, legislative or regulatory provisions may be issued so that the statistical authority is sent administrative information directly.

In connection with this legal and regulatory framework, INSEE has developed a set of partnership agreements that set out the framework and principles for data transmission with each producer concerned. These agreements also specify the frequency and procedures for meetings between services. However, both INSEE and the MSOs are not yet systematically integrated into the initial process for the production or revision of these data.

On the basis of a legal act, the statistical authorities may compel response to statistical surveys.

Articles 1bis and 3 of French Ouvrir dans un nouvel ongletAct No 51-711 of 7 June 1951 state that, for certain surveys, the respondent is obliged to respond accurately and within set time frames.

In application of French Ouvrir dans un nouvel ongletDecree No 2009-318 of 20 March 2009, as amended, this compulsory nature is assigned based on the opinion of the Official Statistics Quality Label Committee, which examines the survey project on behalf of the National Council for Statistical Information (CNIS). Surveys become compulsory once, having been approved by the National Council for Statistical Information (CNIS), it receives sign-off from the Minister for the Economy. The compulsory nature is indicated on the ministerial sign-off authorising the survey. It is made public by a decree in the Official Journal listing the surveys included in the annual programme. The elements relating to each of the Official Statistics surveys can be found on the website of the National Council for Statistical Information (CNIS).

INSEE and the Ministerial Statistical Offices (MSOs) reiterate this compulsory nature in the template letters, approved by the Official Statistics Quality Label Committee, that are sent to respondents. Failure to respond to a compulsory survey may result in a fine.

Access for statistical purposes to other data, such as privately held data, is facilitated, while ensuring statistical confidentiality and data protection.

After receiving a favourable opinion from the National Council for Statistical Information (CNIS) and the French Official Statistics Authority (ASP), the decree implementing Article 3bis of French Ouvrir dans un nouvel ongletAct No 51-711 of 7 June 1951, introduced by the French Ouvrir dans un nouvel ongletAct for a Digital Republic, makes the transmission of data by electronic means for the purposes of Official Statistics compulsory under certain conditions for private bodies.

For example, the French Ouvrir dans un nouvel ongletImplementing Order of 13 April 2017 specifies the conditions for the transmission of scanner data from major retailers to INSEE. It authorises INSEE to use these data in calculating the consumer price index. These data replace part of the price survey collection currently conducted in the field by researchers in supermarkets. The organisational and technical guarantees provided by INSEE ensure a high level of protection of the data transmitted. Access to scanner data is based on the signing of a set of agreements with the retailers concerned. The data are received via a secure file exchange system. The processing environment, together with the pre- and post-processing storage environments, are secure and access to them is subject to identification and authorisation.

However, the legal framework remains restrictive, as the compulsory transmission of private data for statistical purposes is subject to prior experimentation, for which access to the data must be granted by the holder.

In order to take advantage of the potential of this data more fully, the Official Statistical Service is therefore developing partnerships with private data holders, such as mobile phone network operators and bank card operators, in order to meet the needs for statistical information.