Act of the Czech National Council No. 278 / 1992 Coll.
Act of the Czech National Council on State Statistics
Valid
Effective from 01.07.1992
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278
THE LAW
Czech National Council
of 15 April 1992
on national statistics
The Czech National Council decided on this law:
Preliminary provisions
This Act regulates the status and scope of the statistical authorities of the Czech Republic (hereinafter referred to as the "Republic '), the procedure of the state authorities of the Republic in carrying out state statistics and the rights and obligations of reporting agents in connection with the acquisition of statistical data and the provision of statistical information.
For the purposes of this Act:
(a) State statistics shall mean the acquisition, processing, provision and evaluation of data on mass phenomena, ensuring their comparability for the assessment of the social and economic development of the Republic, and hence the Czech and Slovak Federal Republics (hereinafter referred to as the "Federation") and its context;
(b) static detection means the acquisition of data by government authorities from reporting agents in a manner appropriate to scientific knowledge, using appropriate methods and information technology
(c) any legal person and any natural person engaged in a business or other gainful activity under special rules shall be regarded as reporting agent; 1)
(d) the central authorities of the Republic shall be the central authorities of the State Administration of the Republic, the General Prosecutor of the Czech Republic and the State Bank of the Czechoslovak Republic - the headquarters for the Czech Republic (hereinafter the "Central Authorities of the Republic"),
(e) Federal central government bodies, the Czech and Slovak Federal Republic, and the Czechoslovak State Bank shall be considered central bodies of the Federation.
Status and scope of the statistical authorities of the Republic
(1) The statistical authorities of the Republic are the Czech Statistical Office and the territorial statistical authorities. Statistical authorities are considered to be public authorities.
(2) The statistical authorities of the Republic shall proceed in the determination of statistical indicators, in the acquisition, processing and evaluation of statistical information independently of other authorities, so as not to undermine the objectivity of the data and not to limit or distort the published statistical information.
(1) The Czech Statistical Office is managed by the President, appointed and dismissed by the Bureau of the Czech National Council on a proposal from the Government of the Czech Republic (hereinafter referred to as "the Government").
(2) The President of the Czech Statistical Office is represented by the first Vice-President and other Vice-Presidents who, on a proposal from the President of the Czech Statistical Office, are appointed and dismissed by the Government.
(1) Czech Statistical Office
(a) organise in the territory of the Republic the detection, collection, processing and evaluation of statistical data for the needs of the Republic and for the needs of the Federation;
(b) establish the methodology and statistical indicators necessary to assess the level of social and economic development of the Republic, unless they are set in a uniform manner for the entire Federation;
(c) draw up a programme of statistical surveys for the needs of the Republic;
(d) on the basis of the results of the statistical surveys, it shall process aggregate analyses and forecasts of the social and economic development of the Republic;
(e) issue and supply statistical information for the Republic, inform the public of the social and economic developments of the Republic and publish the results of the surveys;
(f) establish an information fund for national statistical data;
(g) compile the aggregated characteristics of the national economy of the Republic and process and evaluate them in the form of national accounts;
(h) establish statistical classifications, statistical code lists and statistical registers for the needs of the Republic;
i) Organises and methodically manages the processing of the results of the elections to the Federal Assembly, the Czech National Council and councils in municipalities and the results of the referendum according to special regulations;
(j) organise and carry out checks on compliance with national statistical obligations and impose penalties for infringements;
(k) methodically manage the allocation of identification numbers and assign identification numbers to political parties, churches and religious societies, civil associations and foreign entities of a non-business nature established in the territory of the Republic;
(l) is the administrator of the registry of reporting agents and their organisational units;
m) collects foreign statistical information for the purpose of comparing the level of social and economic development of the Republic to foreign;
(n) cooperate in the field of state statistics with foreign entities, unless it is an international organisation of a governmental nature.
(2) Czech Statistical Office in cooperation with the Federal Statistical Office
(a) establish the statistical indicators necessary to assess the development of the Federation and to fulfil international obligations and determine the way in which statistical information is obtained for these purposes;
(b) draw up a programme of statistical surveys for the needs of the Federation by applying the needs of the Republic;
(c) establish national statistical classifications, code lists and registers;
(d) establish the methodology and manner of maintaining the system of national accounts for the needs of the Federation and the compilation of national accounts for the Federation;
(e) participate in the preparation of international agreements governing international cooperation in the field of state statistics.
(3) The Czech Statistical Office manages regional statistical administrations and the City Statistical Administration for the capital of Prague.
(1) The system of territorial statistical authorities consists of:
a) City Statistical Administration for the City of Prague (hereinafter referred to as the "City Administration"),
b) Regional Statistical Administration for the Region of Central Bohemian, South Bohemian, West Bohemian, North Bohemian, East Bohemian, South Moravian and North Moravian (hereinafter referred to as the Regional Administration),
(c) district statistical administrations for district districts ("district administrations").
(2) Urban and regional administrations are budgetary organisations. Regional administrations provide personal and factual needs and district administrations.
(3) The Head of the Municipal Administration and the Head of the Regional Administrations is the Director, appointed and dismissed by the Chairman of the Czech Statistical Office. The head of the district administration is the director, appointed and dismissed by the regional director, whose territorial jurisdiction the district administration belongs to.
(4) In the district of the county administration, the district administration is not established.
Regional administrations
(a) organise and carry out statistical surveys for the needs of the Republic and for the needs of the Federation within their territorial area;
(b) process, issue and evaluate statistical information on the state and development of the economy and society in their territorial area;
(c) ensure the methodological and organisational preparation of the statistical surveys for the needs of the Republic to be entrusted by the Czech Statistical Office;
(d) examine compliance with the obligations in the field of state statistics and impose penalties for infringements;
(e) manage the allocation of identification numbers in its territorial territory;
f) ensure in their territorial area the conditions necessary for the processing of the results of the elections to the Federal Assembly, the Czech National Council and the councils in the municipalities and the results of the referendum;
(g) they shall exercise the jurisdiction of the district administration in the district of their registered office;
(h) manage the district administration.
City administration in the capital of Prague
(a) carry out the tasks of regional administrations referred to in § 7 (a) to (f) of this Act;
(b) carry out the tasks of the district management referred to in § 9 (d) to (g) of this Act.
Regional authorities
(a) carry out statistical surveys for the needs of the Republic and for the needs of the Federation within their territorial area;
(b) process, issue and evaluate statistical information on the state and development of the economy and society as their territorial area;
(c) examine compliance with the obligations in the field of state statistics and impose penalties for infringements;
d) process the results of the elections to the Federal Assembly and the Czech National Council and Councils in the municipalities and the results of the referendum according to special regulations;
(e) maintain registers of reporting agents and their organisational units;
(f) provide sets of identification numbers to authorities which, pursuant to the Specific Regulations (2), assign identification numbers to legal persons and their internal organisational components as well as to natural persons carrying out business activities under the Specific Regulations;
(g) except in the cases referred to in point (f), the identification numbers shall be assigned to legal persons established in the territorial area of their jurisdiction and to their organisational components and to natural persons, (3) where the permanent place of employment is within their territorial area of competence and, if they do not have such a place, according to their place of residence.
Czech Statistical Board
(1) An advisory body of the Czech Statistical Council (hereinafter referred to as the "Council") is hereby established at the Czech Statistical Office.
(2) The Chairman of the Czech Statistical Office is the head of the Board. The members of the Board are appointed and dismissed by the Government on a proposal from the President of the Czech Statistical Office.
(3) The Council is discussing the programme of statistical surveys for the needs of the Republic, the concept of state statistics in the Republic and the programme of statistical surveys for the needs of the Federation. Other tasks, the way the Board works and the number of its members will define its status as issued by the Chairman of the Czech Statistical Office after prior approval by the Government.
Statistical surveys
(1) Statistical surveys are carried out on a regular basis, in particular by organised surveys, inventories, summaries, surveys, surveys and monographs.
(2) Data for the needs of state statistics are obtained by exhaustive or selective statistical surveys in writing (in statistical statements, questionnaires and inventory forms) or by means of technical data media. The transmission of data using technical data media shall comply with the adopted standards published by the competent central government authority which organises statistical surveys.
(3) The statistical surveys to obtain data for the needs of the Republic shall be governed by the programme of the statistical surveys for the needs of the Republic and by the programme of the statistical surveys for the needs of the Federation.
(4) The Czech Statistical Office is involved in preparing and drawing up a programme of statistical surveys for the needs of the Federation and also applying the requirements of the central authorities of the Republic.
(5) The statistical authorities of the Republic may require the national authorities of the Republic to provide them, free of charge for statistical purposes only, with data obtained by statistical surveys or other activities. These authorities are obliged to comply with the requests of the statistical authorities of the Republic and, where appropriate, to allow them free access to their data bases. For statistical purposes only, municipalities are obliged to allow the statistical authorities of the Republic free access to their data bases.
(1) The census of the population, houses and flats and other statistical surveys carried out in the territory of the Republic where reporting is required by individual residents can only be established by the Czech National Council.
(2) The national statistical surveys of the population carried out in the territory of the Czech Republic, which do not give rise to reporting requirements for individual residents, are announced by the Czech Statistical Office as a measure in the Collection of Laws.
Statistical survey programme
(1) The Czech Statistical Office shall each year draw up a programme of statistical surveys for the needs of the Republic (hereinafter referred to as the "survey programme").
(2) The survey programme contains statistical surveys carried out by the statistical authority of the Republic, including justified requirements of local government and self-government for statistical information. It also includes statistical surveys carried out by the central authorities of the Republic.
(3) For drawing up the draft survey programme
(a) the authorities of state administration and self-government shall communicate their statistical data requirements to the Czech Statistical Office in the following year by the end of March of the current year. By that date, the central authorities of the Republic shall also communicate proposals for their own statistical surveys,
(b) The Czech Statistical Office shall assess these requirements, in particular in order to avoid duplication of statistical surveys and overall burden on reporting agents and discuss them, including its own proposals, with the authorities involved.
(4) The Czech Statistical Office shall draw up a draft survey programme and submit it to the Council for consideration.
(5) The survey programme is approved by the Chairman of the Czech Statistical Office.
The survey programme shall show for each statistical survey:
(a) the purpose and use of the results;
(b) substantive characteristics including indicators;
(c) the reporting population;
(d) periodicity and time limits for disclosure;
(e) the cost budget;
(f) the authority carrying out the survey and processing.
(1) The survey programme is published by the Czech Statistical Office in the Collection of Laws as a measure no later than 30 November of the year preceding the programme.
(2) The Czech Statistical Office will submit modifications and changes to the survey programme to the Council and, after approval by the President of the Czech Statistical Office, will be published in the Collection of Laws as a measure.
(1) The central authorities of the Republic shall carry out the statistical surveys included in the survey programme. Further statistical surveys may be carried out only by agreement with those requested to provide data. The implementation of these statistical surveys must be notified to the Czech Statistical Office, which will comment on their implementation, in particular in order to prevent duplication of surveys.
(2) The central authorities of the Republic may entrust a specialised legal person to carry out statistical surveys.
(3) Local government authorities may carry out statistical surveys in their territorial area only by agreement with those from which they require the provision of data. The implementation of these statistical surveys shall be notified to the district administration, which shall express its views on their implementation, in particular in order to prevent duplication of surveys.
(4) In statistical surveys, those authorities are required to comply with specified statistical indicators, statistical code lists and statistical registers and to ensure the protection of individual data.
Statistical survey costs
(1) The costs of works related to the security of statistical surveys included in the survey programme and their processing, with the exception of the costs of reporting agents, are borne by the State budget of the Republic.
(2) The authorities carrying out these surveys must ensure that the costs of their implementation and processing are met in their budgets.
(3) If the costs of all the statistical surveys included in the survey programme cannot be met, the Czech Statistical Office shall agree with the participating authorities which shall not be carried out. The Czech Statistical Office will inform the Council of this revision of the survey programme and publish it in the Collection of Laws as a measure after approval by the President of the Czech Statistical Office.
The costs of works related to the provision of statistical surveys for the needs of the Federation and for the needs of the Republic and their processing, with the exception of the costs of reporting agents, shall be borne by the State budget of the Republic only if they are included in the programme of State statistical surveys for the needs of the Federation and only to the extent of work provided by the State authorities of the Republic. Other costs of works related to the provision of state statistical surveys for the needs of the Federation shall not be reimbursed from the state budget of the Republic.
Provision of statistical information
(1) The Czech Statistical Office provides free statistical information based on their request
(a) President of the Czech and Slovak Federal Republic, Federal Assembly, Government of the Czech and Slovak Federal Republic,
(b) the Czech National Council and Government,
(c) the central authorities of the Federation and the central authorities of the Republic, in the agreed scope, time limits and periodicity, with the information they need for their activities.
(2) The territorial statistical authorities provide free statistical information to the local authorities of the state administration and the self-government within the agreed scope, time limits and periodicity.
(3) The statistical authorities of the Republic shall provide the other authorities of the State statistics in the Federation free of charge to the extent agreed.
(4) Statistical information for the federation and statistical information for the federation bodies is provided by the Czech Statistical Office in cooperation with the Federal Statistical Office.
(1) In addition to the cases referred to in § 19, statistical authorities may provide statistical information to any person who requests it, setting it at a price on the basis of calculated costs in accordance with the price regulation.4)
(2) Statistical information shall be provided in writing or on technical means of data.
The provisions of Sections 9 and 20 shall be without prejudice to the provisions of specific provisions on respect for national economic and professional secrecy. 5)
Instruments to ensure comparability
The tools to ensure comparability of statistical data are:
(a) statistical indicators;
(b) statistical code lists, statistical registers and statistical classifications;
(c) identification numbers.
(1) Statistical indicators are characteristics of social and economic phenomena used to identify the state and development of the economy and society and for analytical and balance sheet work in the field of statistics.
(2) The Czech Statistical Office, in cooperation with the central authorities of the Republic, sets out the statistical indicators which are the content of the statistical surveys for the needs of the Republic, unless they are included in a set of statistical indicators established at Federation level.
(3) The indicators thus determined shall be given in particular in the questionnaires, statements and inventory forms and in their annexes (or technical data media) intended for the needs of the Republic and shall be binding on the reporting agents.
(4) If these statistics are used in large-scale statistical surveys or in long-term repeated surveys, their identification and method of acquisition will be announced by the Czech Statistical Office in the Collection of Laws as a measure.
(1) The Czech Statistical Office uses national classifications, code lists and registers.
(2) The Czech Statistical Office, in cooperation with the central authorities of the Republic, establishes a register of reporting agents and their organisational components and, where necessary for the needs of the Republic, creates additional statistical classifications, statistical code lists and statistical registers.
(3) The register of reporting agents and their organisational components is a public list containing the name (s) of the unit, the registered office of legal persons, the place of business of natural persons and, where appropriate, the address of permanent residence, the identification number and the subject matter of the business of the reporting agent.
(4) Statistical classification, statistical code lists and statistical registers are announced by the Czech Statistical Office in the Collection of Laws as a measure. The register of reporting agents and their organisational components shall be published as a separate publication, where appropriate on the technical medium.
Statistical indicators (§ 23), statistical classifications, statistical code lists and statistical registers (§ 24) are binding on public authorities carrying out statistical surveys and on reporting agents when providing data for statistical surveys under this law.
The identification number is a non-significant (serial) code which serves to clearly identify legal persons and their organisational components and natural persons engaged in business or other gainful activities under specific regulations. It is used for the creation of national registers, the provision of data in statistical surveys and their processing, and in other cases where appropriate.
(1) Allocation of identification numbers to legal persons incorporated and natural persons engaged in business activities are governed by specific laws. (2) For this purpose, the statistical authorities shall provide identification numbers.
(2) Other legal persons and natural persons engaged in other gainful activities under special rules (3) shall assign the identification numbers to the statistical authorities of the Republic.
(3) An identification number may also be assigned to a fissile plant and other organisational unit of an undertaking having a similar status.
Reporting obligation
(1) Reporting agents are required to provide all the required data for the statistical surveys contained in the survey programme. These data shall be provided in full, correct, true and timely form. Reporting agents shall provide data for the statistical surveys referred to in Article 11 (2).
(2) Only information relating to that activity may be required from natural persons engaged in a business or other gainful activity under specific rules.
(3) Compliance with the reporting requirements cannot be refused by reference to the provisions of the special provisions on compliance with national, economic, banking, commercial and professional secrecy and the statutory obligation of confidentiality. 5)
(4) The costs of meeting the reporting requirements shall be borne by the reporting agent.
In order to fulfil the reporting requirements, reporting agents shall establish the necessary assumptions in time, in particular by keeping records necessary for reporting the data set out in the survey programme.
If the reporting agent does not provide the required data for the statistical surveys in full, correct, true and timely, the statistical authorities shall be entitled to ensure that the necessary data are found at its expense. The reporting agent shall provide the necessary supporting documents for this finding and allow the person carrying out the findings to enter the premises covered by the survey.
(1) Reporting agents are required to allow the staff of the statistical authorities of the Republic to enter the premises, rooms and other premises which are the subject or point of detection or verification in connection with the carrying out of statistical surveys and verifications. The staff of the statistical authorities of the Republic shall be entitled to request the necessary information and explanations and to consult the supporting documents.
(2) Workers of the statistical authorities of the Republic may enter the residence only if they are used for business or other gainful activities and if this is necessary to fulfil the purpose of the survey or examination.
(3) The State shall be responsible for the damage caused to the staff of the statistical authorities in connection with their activities under paragraphs 1 and 2; that responsibility cannot be waived.
Protection of individual data
(1) Data from statistical surveys carried out under this Act concerning individual legal and natural persons (hereinafter referred to as "individual data") must not be published or communicated to anyone without the consent of such persons and must not be used for purposes other than statistical purposes.
(2) The provisions of paragraph 1 shall not apply in respect of the management data provided by its founders to the State Enterprise.
(3) The consent referred to in paragraph 1 must be in writing and make it clear which individual figure is involved and how or where it is to be used.
For statistical purposes only, the authorities carrying out statistical surveys may submit individual data to other legal persons responsible for processing statistical surveys carried out under this law.
(1) Workers of the statistical authorities of the Republic, workers of other state bodies of the Republic, workers of specialised legal persons carrying out statistical surveys and workers of other legal persons providing their processing (hereinafter referred to as "workers") are required to maintain confidentiality regarding individual data which they become acquainted with in their employment or in connection with the implementation of statistical surveys.
(2) The obligation to remain silent continues after termination of employment or employment.
(3) The statistical authorities of the Republic, other authorities of the Republic and specialised legal persons carrying out statistical surveys and other legal persons carrying out their processing are required to take all organisational and technical measures to ensure that individual data are used before misuse and to ensure that only workers who have been shown to be informed of the obligation to remain confidential about individual data are able to do so.
(4) The obligations of the staff referred to in paragraphs 1 and 2 shall also apply to members of companies, members of cooperatives and other natural persons familiar with the implementation and processing of statistical surveys with individual data.
By decree, the Czech Statistical Office may lay down detailed conditions for the protection of individual data referred to in Section 34 (3).
(1) Individual data are not considered to be data from generally available sources created in accordance with legislation (directories, lists, code lists, etc.) and data generated by summarising a sufficient number of individual data so that it is not possible to determine which reporting agents are concerned by the data.
(2) The provisions of paragraph 1 do not apply unless more individual data can be obtained and the provision of data is necessary to fulfil an international obligation. in this case, it is not possible to specify which reporting agents are concerned.
Infringements and penalties
(1) An infringement of the obligation of confidentiality (Paragraph 34) is an offence in so far as the offence is not more strictly punishable for which a penalty may be imposed on the worker or, where applicable, the person referred to in paragraph 34 (4), depending on the seriousness of the offence, up to 100 times the lowest wage laid down in a generally binding legislation.
(2) The transfers are discussed by the municipal authorities in charge, in the capital city of Prague by the district authorities competent according to the place of permanent residence of the worker or persons referred to in § 34 (4) who committed the offence.
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Regulation Information
| Citation | Act of the Czech National Council No. 278 / 1992 Coll., on State Statistics |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1992 |
|---|---|
| Effective from | 01.07.1992 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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