Act No. 332 / 2020 Coll.

Act on census of people, houses and flats in 2021 and amending Act No. 89 / 1995 Coll., on State Statistical Service, as amended

Valid Law Effective from 21.08.2020
332
THE LAW
of 22 July 2020
on the census of people, houses and flats in 2021 and amending Act No. 89 / 1995 Coll., on the State Statistical Service, as amended
Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

COMPARISON OF PEOPLE, HOME AND HOUSE IN 2021
§ 1
Subject matter
The Act provides for a census of the population, houses and flats in 2021 (hereinafter referred to as "the census') following the directly applicable provisions of the European Union1.
(a) the competence of the administrative authorities in the area of census;
(b) the rights and obligations of persons in connection with the census,
(c) preparation of the census, the way in which data are collected and processed; and
(d) making the results of the census available.
§ 2
Purpose of addition
The purpose of the census is to create and make available statistical information for the whole territory of the Czech Republic on natural persons, households, housing and home funds at the relevant moment of the census. To this end, for the purposes of European statistics under the directly applicable regulation of the European Union governing censuss2) or for national statistics, the Czech Statistical Office (hereinafter the Office) shall produce statistical information concerning the following thematic headings:
(a) for natural persons:
1. demographic characteristics represented by age, gender, family status and the number of children born live;
2. the characteristics of the geographical location represented by the species and place of registered residence and the usual residence (3);
3. the characteristics of short-term and long-term migration mobility represented by national citizenship, previous species and places of registered residence, previous usual residence places and the date of arrival in the Czech Republic,
4. cultural characteristics represented by nationality, mother tongue and religious faith;
5th level of education,
6. economic characteristics represented by economic activity, employment, employment and economic activity;
7. characteristics of commute to work and schools represented by the place of work or school, frequencies and commute methods,
(b) for households
1. size a
2. type and composition,
(c) for apartments and houses
1. housing,
2. geographical distribution,
3. species and age,
4. ownership structure and legal reason for use;
5. technicoeconomic attributes; and
6. qualitative characteristics of housing.
§ 3
Definition of terms
For the purposes of this Act:
(a) a building containing accommodation or accommodation spaces;
(b) a suite of rooms or one living room, where appropriate, which, by their technical design and equipment, meet the requirements for permanent housing and are intended for this purpose of use;
(c) households, a group of natural persons, or even a single natural person who lives in one apartment or other place of residence other than an apartment, with the exception of natural persons referred to in (d);
(d) a person living outside the household who lives as an individual in an establishment or is a person without shelter;
(e) a building or part of a building which contains mainly rooms for bulk accommodation or is intended to provide berth health or social care.
§ 4
The operative moment
The relevant moment at which data are collected for census purposes is the midnight of Friday 26 March 2021 on Saturday 27 March 2021 pursuant to the directly applicable European Union Regulation establishing the reference year and the programme of statistical data and metadata for census, houses and flats.
§ 5
census range
(1) The census shall be subject, with the exception of the persons referred to in paragraph 2:
(a) any natural person having a permanent residence in the Czech Republic at the relevant time (5) or a temporary residence (6) over 90 days;
(b) any natural person who has been granted asylum on the territory of the Czech Republic, additional protection7) or temporary protection8),
(c) any natural person present in the territory of the Czech Republic at the relevant moment,
(d) any house, whether uninhabited, and
e) every apartment, even uninhabited.
(2) The census is not subject to
(a) foreigners enjoying diplomatic privileges and immunities as well as apartments owned by other States located in the Czech Republic and serving diplomatic purposes; and
b) Foreigners who are present in the Czech Republic for short stay within 90 days.
§ 6
Use of the price information system
(1) The Office processes the census data in the census information system conducted pursuant to § 12a of Act No. 89 / 1995 Coll., on the State Statistical Service.
(2) In the censorship information system for the purposes of future censuses, houses and flats, the Office shall keep in a pseudonymised form:
(a) the natural person's agent identifier;
(b) the place of usual residence at the relevant time;
(c) the place of usual residence at the time of birth; and
(d) the highest completed education.
§ 7
Data from public administration information systems
(1) In order to establish statistical information on the thematic headings referred to in Section 2 and after assessing the need for data, the Authority shall take over the information systems of the public administration, in particular:
(a) from the basic population register, to the extent provided for in § 9a (1) (a) of Act No. 89 / 1995 Coll., on the State Statistical Service,
(b) from the information system of the population registration, to the extent provided for in § 9a (1) (b) of Act No. 89 / 1995 Coll., on the State Statistical Service, and
(c) from the information system of foreigners, to the extent specified in § 9a (1) (c) of Act No. 89 / 1995 Coll., on the State Statistical Service.
(2) The administrator of the public administration information system is obliged to transmit data from the public administration information system to the Office and to provide it with the necessary synergies for their initial processing and interpretation.
(3) The Office is entitled to use public data from the property register in order to establish a list of apartments and to make the list of apartments available to a natural person when establishing an electronic census form for the purpose of determining the apartment within the house and the census commissioner for the purpose of ensuring a field investigation.
(4) The Office is entitled to receive the data referred to in paragraph 1 by 31 July 2021.
§ 8
Data collected through census forms
Through addition forms The Office shall only identify data not included in the public administration information systems for all persons and apartments subject to census and data used to identify them, namely:
(a) natural persons
1. place of addition,
2. name, names, and surname,
3. the type and number of the electronically readable document, the date of birth and the sex, or the birth number;
4. place of usual residence at the relevant moment,
5. place of usual residence 1 year before the census,
6. place of usual residence at the time of birth,
7. nationality,
8. Mother tongue,
9. Religious faith,
10th highest completed education,
11. Number of children born live,
12. economic activity,
13th job,
14. economic activity sector,
15. place of work or school,
16. the frequency of commute to employment or school; and
17. means of transport used to travel to employment or school,
(b) housing, housing and households
1. the number or other destination of the apartment;
2. the way of living;
3. apartment accommodation,
4. the legal reason for the use of the apartment,
5. apartment size, floor area and number of rooms,
6. location of the apartment in the house,
7. gas connection,
8. connection to the water duct,
9. Method of heating,
10. energy used for heating; and
11. the composition of the household, namely the list of persons in the apartment and the relationships between them.
§ 9
Protection of statistical confidentiality
(1) Pursuant to directly applicable European Union rules on European statistics (9) and the protection of personal data 10) The Office shall ensure the erasure or destruction of personal data, with the exception of those referred to in Article 6 (2), as soon as the purpose for which they have been processed no later than 2 years after the relevant time.
(2) Anonymous data from the census forms shall be transmitted by the Office in electronic form for permanent storage in the National Archive.
§ 10
Confidentiality obligation
(1) The census commissioner, the natural person responsible for collecting or processing the census data, or the natural person who becomes familiar with the census data, is obliged to remain silent about all the census data and the conditions for processing them, as well as about other facts which he has become aware of in connection with the census.
(2) The natural person responsible for the collection or processing of census data shall make a promise in the following wording: "I promise on my honour and conscience that I will not publish, disclose or allow anyone to know the data or other facts which I will be familiar with in relation to the census of people, houses and flats in 2021." A confidentiality oath shall be lodged in the hands of the President of the Office or of the person authorised by him.
(3) The promise is made if, after reading it, the person who makes the promise declares: "I promise." He signs on the record of the composition of the promise. The written record of the composition of the promise shall state the date and place of the composition of the promise, the name and, where applicable, the names, and the surname and date of birth of the person making the promise, and the name and function of the person accepting the promise, as appropriate.
(4) A natural person bound by an obligation of confidentiality may be relieved of that obligation by the person to whom the protected fact relates.
§ 11
Obligations of natural and legal persons
(1) A fully self-employed natural person subject to census is required to provide the data referred to in § 8 (a) (1) to (6), (8), (10) to (17) and, as a member of the household, the data referred to in § 8 (b).
(2) The data referred to in paragraph 1 shall be provided by its legal representative, guardian or other person authorised to act under the Civil Code for a natural person subject to a census which is not fully arbitrary.
(3) The natural person referred to in paragraphs 1 and 2 (hereinafter referred to as the "obliged person") shall comply with the obligation to provide the data referred to in paragraphs 1 and 2 with the precise and complete entry of such data in the census form and its submission in the manner and within the deadlines set out in paragraphs 17 or 18.
(4) A natural person making available the census form in electronic form is required to allow the sharing of access to that census form to other household members in order to fulfil their obligation under paragraph 1 or 2.
(5) A natural person who takes over the census form in paper form for field inspection shall be required to pass it on to the other members of the household in order to fulfil their obligations under paragraph 1 or 2, unless they have already done so by other means.
(6) The owner of the house shall be obliged to allow the adding commissioner access to individual apartments in the house for the purpose of the proper performance of his duties under Paragraph 21 (d). It shall also communicate to the census the information on the number or other destination of the apartment and its location for each uninhabited apartment in the occupied house.
(7) The owner of an installation which does not form a separate census circuit is obliged to distribute empty and collect completed census forms from individual residents or residents and to pass them on to the census commissioner.
(8) The owner of the installation which forms a separate addition circuit is obliged to allow the adding Commissioner to perform the census on the installation.
§ 12
Office
(1) The Office shall organise, manage, coordinate and ensure the preparation, implementation, processing and publication of the results of the census.
(2) The Office may delegate:
(a) the holder of a postal licence, which is obliged to provide and provide all the essential services under the Law governing postal services (hereinafter referred to as "the holder of a postal licence"), by providing certain tasks in the field of field surveillance and related activities; and
(b) a legal person established by the State for the purpose of providing uniform and standardised information and communication technology services to the public administration (the "shared service provider") by providing certain online census tasks and activities related thereto.
(3) For the fulfilment of the tasks referred to in paragraph 1, the Office shall:
a) ensures the conditions and environment for the implementation of online census;
(b) define the addition circuits in accordance with Paragraph 19;
(c) ensure the preparation of census forms;
(d) provide for the recruitment and training of combatants for separate summation circuits and methodological training of combatants for standard and secondary summation circuits;
(e) ensures that the census is performed in separate addition circuits; and
(f) ensure that the public is informed in order to conduct the census properly.
§ 13
Ministry
(1) Ministry of the Interior
(a) provides census for public accommodation and civil servants of the Police of the Czech Republic, including members and civil servants of the Police of the Czech Republic operating abroad; and
(b) provide for a census for mass accommodation of members of the Security Information Service.
(2) The Ministry of Justice provides census in the facilities of the Prison Service of the Czech Republic and in the case of mass accommodation of members and civil servants of the Prison Service of the Czech Republic.
(3) The Ministry of Defence provides a census for bulk members of the Czech Army, including units operating abroad.
(4) The Ministry of Foreign Affairs provides a census of persons who are resident in the Czech Republic and work at the representative offices of the Czech Republic at the relevant moment, including their family members living with them abroad in the common household.
§ 14
Municipal authorities
(1) The Municipal Office shall, in cooperation with the Office, ensure:
(a) registration of missing and verifying or correcting inconsistent reference data in the Register of Territorial Identification, Addresses and Real Estate for Building Objects and Address Points;
(b) informing the population of the importance, the deadline, the way in which the census is carried out and its organisation by publishing
1. notification of the census office,
2. the list of standard census circuits in the municipality, including their delineation, names and surnames and licence numbers of the relevant census Commissioners;
3. the updated names and surnames and licence numbers of the relevant census Commissioners; and
4. the address and contact details of the Office's contact points and the postal licence holder (hereinafter referred to as the contact point).
(2) The municipal authority with the competence of the general building office shall provide the Office with synergies in the territorial preparation of the census, in particular by recording the missing and verifying, or correcting, the inconsistent technical and economic attributes of the building buildings on the basis of the available building documentation.
(3) The municipal authority of the municipality with extended competence shall provide the Office with synergies in the harmonisation of borders and a description of the basic units.
(4) The publication of the information referred to in paragraph 1 (b) shall take place in a normal place,
(a) in the case of the information referred to in points 1, 2 and 4, not later than 14 calendar days before the relevant moment; and
(b) in the case of the information referred to in point 3, immediately after notification of the change.
(5) The tasks and responsibilities set out in paragraph 1 of the Municipal Office shall be carried out in the capital city of Prague by the authorities of the urban areas and in the territorial subdivided statutory cities by the authorities of the urban areas or urban districts of the territorial subdivided statutory cities.
§ 15
Obligations of other bodies
The holder of the postal licence and the provider of shared services, as well as their employees and persons in a similar proportion to ensure the collection or processing of census data, shall be required to ensure the protection of completed census forms and data recorded in them and further processed before they are stolen, lost, damaged, destroyed or otherwise misused.
§ 16
Addition forms
(1) The census forms are the household census form and the census form for the person.
(2) The census form is paper and electronic. The model of the census form in paper form shall be laid down by the Office by decree.
§ 17
Online census
(1) The mandatory person shall provide the data referred to in Article 11 (1) by entering them in the census form in electronic form within the period 27 March 2021 to 9 April 2021. In exceptional cases, the Office shall be entitled to extend that period by means of a notice published on the official record of the Office and in the mass media, at the latest by the end of the time limit for field surveillance pursuant to Article 18 (4) or by the end of the period extended pursuant to Article 18 (6).
(2) The addition form in electronic form shall be made available on the basis of a verification of the existence of the identity of the natural person subject to the census or of an identity certified under the Electronic Identification Act or any other legislation enabling the electronic identification and verification of the existence of the address of the usual residence.
(3) The form of access to the census form in electronic form and the specification of the method of proving the authorisation to make the census form available electronically shall be laid down by the Office by a decree.
(4) A mandatory person who is not made available electronically in accordance with paragraph 2 or who does not comply with the obligation referred to in paragraph 1 shall provide the data during the field follow-up in accordance with Paragraph 18.
§ 18
Field completion
(1) The census commissioner shall forward to the member of the household, the person living outside the household or, where applicable, to the owner of the equipment which does not form a separate addition circuit, the census form in paper form, in a pre-notified date, no later than 26 April 2021, which he shall inform him of by inserting the document into the home or other addressee of the clipboard, or by any other appropriate means.
(2) If the census form referred to in paragraph 1 cannot be transmitted, the obliged person shall either pick it up at the contact point or obtain it by another office published in a manner.
(3) The census commissioner or contact point shall provide an explanation to the obliged person upon request. A mandatory person who is unable to complete the census form himself shall be assisted by the census commissioner or the contact point at his request with the completion.
(4) A member of the household, a person living outside the household or the owner of an installation which does not form a separate census circuit will submit the completed census form to the census commissioner within a pre-agreed period or deliver it to the contact point by 11 May 2021 at the latest. The census commissioner or the contact point when taking the census form in paper form shall verify that all the required data are filled in. The addition commissioner or contact point shall, at the request of the person who transmitted the completed census form to them, issue a written confirmation of his surrender.
(5) The census commissioner shall forward the completed census forms to the Office, to the Ministry referred to in Section 13 or to the postal licence holder, depending on who appointed him.
(6) The Office is authorised, in exceptional justified cases, to extend the period referred to in paragraphs 1 and 4 by a notice published on the official plate of the Office and in the mass media by a maximum of 30 calendar days.
§ 19
Definition of addition circuits
(1) The census shall be carried out according to defined census circuits.
(2) The addition circuit is:
(a) the standard addition circuit;
(b) a separate addition circuit; and
(c) the resort addition circuit.
(3) The standard addition circuit is the territorial unit for the preparation and execution of the census.
(4) A separate addition circuit is a device assigned by the Office from the standard addition circuit.
(5) The building or more of the buildings assigned by the Office to the standard census system shall be the refractory census on the basis of the data communicated by the Ministry referred to in Section 13.
(6) The list of standard census circuits, including their delimitation and their names, where applicable, and the surnames of the census Commissioners, shall be published by the Office in a manner enabling remote access no later than 20 calendar days before the relevant moment. If the Authority becomes aware of a change to the data entered in the list of standard census circuits, it shall update the list without undue delay.
§ 20
Compilation Commissioner

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Regulation Information

CitationAct No. 332 / 2020 Coll., on the census of people, houses and flats in 2021 and amending Act No. 89 / 1995 Coll., on the State Statistical Service, as amended
Regulation TypeLaw
Author-
CollectionCode of Laws
Date of Promulgation06.08.2020
Effective from21.08.2020
Effective until-
Status Valid
The regulation text is for informational purposes only.
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