The Statistics Act of 1989

Statistics Norway is subject to supervisory guidelines and financial frameworks set for its business at any time by the Government and the Storting (National Assembly), but the Statistics Act stipulates that Statistics Norway is an independent institution in its field which includes a comprehensive research activity. This means that Statistics Norway:

• is responsible for the total statistical product within the guidelines and budgets set by superior bodies
• determines the statistical methods which are to form the basis for preparation of given statistics
• is responsible for how and when statistics are published

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Act No. 54 of June 16 1989

Act relating to official statistics and Statistics Norway

Proposed by the Ministry of Finance.

Repeal of: Act No. 2 of 25 April 1907 concerning the procurement of statements for official statistics.

Chapter 1. Object, definitions and scope

§ 1-1. Object

This Act shall promote the efficient production of appropriate statistics through rules for the collection and use of information for statistical purposes and through rules for the organisation and activities of Statistics Norway.

§ 1-2. Definitions

(1) Statistics are numerical data concerning a group or a phenomenon which become apparent through comparing and processing information about the individual units in the group or a selection of these units, or through systematic observation of the phenomenon.

(2) Official statistics are statistics which are made available to the public by Statistics Norway or another state agency. § 1-3. Scope The King [1] shall decide the extent to which this Act shall be made to apply to the Norwegian economic zone and to Svalbard, Jan Mayen and the dependencies. [1]Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

Chapter 2. Official statistics

§ 2-1. Decisions concerning the production of official statistics

Decisions concerning the production of official statistics shall be taken by the King[l].

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June l989.

§ 2-2. Obligation to provide information

(1) The King[1] may by regulation or resolution impose upon any person an obligation to provide the information which is necessary for the production of official statistics in so far as any legally prescribed obligation of secrecy is no obstacle thereto.

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

(2) A deadline may be set for the provision of information and stipulations may be made regarding the form in which the information shall be given. The obligation to provide information is breached when the information required is not given before the expiry of the deadline.

§ 2-3[1]). Compulsory fines

The body which has laid down the obligation to provide information may impose compulsory fines payable to the state upon such person as breaches this obligation. The imposition of compulsory fines shall be grounds for enforcing payment. Such compulsory fines may be collected by distraint. In special cases compulsory fines that have been incurred may be waived wholly or in part. The King [2] may issue more detailed provisions concerning such compulsory fines. When the State Agency for the Recovery of Fines has been instructed to collect a compulsory fine as mentioned in the first paragraph, it can do so by garnishing wages and other similar payments pursuant to the rules in Section 2-7 of the Creditors Security Act. The Agency may also enforce payment of the fine by establishing an attachment charge in respect of the claim, provided the claim can be given legal protection by being registered in a register or notified to a third party, cf. Chapter 5 of the Mortgage Act, and the attachment proceedings can be conducted on the premises of the Agency according to the first paragraph of Section 7-9 of the Act relating to the Enforcement of Claims.

[1] Amended by Act No. 86 of 26 June 1992 (effective as of 1 January 1993 pursuant to Proposition No. 765 of 23 October 1992), and by Act No. 4 of 18 March 1994 (effective immediately pursuant to Proposition No. 217 of 18 March 1994, and retroactive for compulsory fines fallen due prior to its entry into force.) [2]Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

§ 2-4. Obligation of secrecy

(1) Any person performing work or service for a body which prepares or produces official statistics has a duty to prevent unauthorised persons from gaining access to or knowledge of whatever information he or she obtains concerning personal matters, administrative or business matters, or of technical appliances and methods used during the preparation or production of statistics. The obligation of secrecy applies only to such information as is collected for the purpose of producing official statistics.

(2) The obligation of secrecy also applies after the person concerned has completed the work or service. Furthermore, the person concerned may not use such information as is mentioned in this section in his or her own business or in work or in the service of others.

(3) Sections 13 to 13 e of the Public Administration Act do not apply.

§ 2-5. The use of information

(1) Information collected in accordance with any prescribed obligation to provide information, or which is given voluntarily, may only be used for the production of official statistics or for such other use as is approved by the Data Inspectorate and is not detrimental to the security of the realm. If information is handed over, the obligation of secrecy pursuant to § 2-4 shall also apply to the recipient of the information. When particular grounds so indicate, the Data Inspectorate may nevertheless make exceptions to such obligation of secrecy for certain types of information.

(2) Any agency which hands over such information may stipulate conditions inter alia concerning the use of the information and who shall be responsible for the information and have access thereto, concerning the storage and return of borrowed material, the destruction of copies, etc.

§ 2-6. The publication of information

Information collected in accordance with any prescribed obligation to provide information, or which is given voluntarily, shall under no circumstances be published in such a way that it may be traced back to the supplier of any data or to any other identifiable individual to the detriment of the person concerned, or to the unreasonable detriment of the latter if the supplier of the data or the individual is an undertaking of the kind mentioned in § 5-1 third paragraph[1] or a public organisation.

[1] Repealed by Act No. 66 of 20 July 1991.

 § 2-7. Cessation of the obligation of secrecy

The obligation of secrecy pursuant to this Act with respect to information concerning personal matters shall cease after 100 years. The obligation of secrecy pursuant to this Act with respect to information concerning management and business matters and technical appliances and methods shall cease after 60 years.

Chapter 3. The duties and activities of Statistics Norway

§ 3-1. The duties of Statistics Norway

Statistics Norway is the central body for production and dissemination of official statistics and bears the main responsibility for ensuring that the object of this Act pursuant to §1-1 is fulfilled. With respect thereto, Statistics Norway shall:

a) identify and place in order of priority the needs for official statistics

b) coordinate comprehensive statistics which are produced by administrative agencies,

c) develop statistical methods and apply statistics to analysis and research,

d) provide information for statistical use for research purposes and for public planning within the framework of § 2-5 of this Act, e) bear the main responsibility for international statistical cooperation.

§ 3-2. Administrative data-processing systems

(1) Statistics Norway shall have the right to use administrative data-processing systems in the state administration and in nationwide municipal organisations as the basis for official statistics.

(2) When state bodies or nationwide municipal organisations are to establish or modify a major administrative data-processing system, notice thereof shall be sent in advance to Statistics Norway. Statistics Norway may seek additional information. Statistics Norway may also put forward proposals concerning the manner in which data-processing systems should be designed in order to safeguard consideration for statistics.

(3) The King[1] may issue more detailed provisions concerning the practice of the rules in subsections 1 and 2.

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

§ 3-3. Coordination of statistics

(1) When an administrative body is to carry out major statistical investigations, notice thereof shall be sent in advance to Statistics Norway. Statistics Norway may seek additional information. Statistics Norway may forward proposals concerning the manner in which information shall be sought and the manner in which statistics shall be produced in order to safeguard consideration for statistics and coordination.

(2) The King[1] may determine that public research institutes shall be considered to be administrative bodies pursuant to the provisions of this section.

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

Chapter 4. The organisation and administration of Statistics Norway

§ 4-1. The administration of Statistics Norway

(1) Statistics Norway is a professionally autonomous institution which shall be placed under such ministry as determined by the King[1].

(2) Statistics Norway shall be administrated by an executive committee and a director general. The director general shall be in charge of administration except in those matters which come under the auspices of the executive committee. The King[1] may issue regulations concerning the duties of the executive committee and of the director general.

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

§ 4-2. The duties and composition of the executive committee

(1) The executive committee shall discuss and stipulate the longterm programme, the draft budget and the annual work programme proposed by the director general, and place these matters and the annual report before the Ministry. Otherwise the executive committee plays a general supervisory role with respect to the development of official statistics and to the activities of Statistics Norway.

(2) The executive committee of Statistics Norway shall have 7 members. The King[l] shall appoint the chairman of the executive committee, its vicechairman, S ordinary members and deputies for a period of 4 years. Members may be re-appointed. One member and a deputy shall be appointed on the recommendation of the staff.

[1]Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

Chapter 5. Other provisions

§ 5-1.[1] Penalties

(1) Wilful violation of § 2-2 or of an order pursuant to §2-2 concerning the obligation to provide statements, of §-5 concerning the use of information or of § 24 concerning the publication of information may be punishable by fines unless the violation falls under more stringent criminal provisions.

(2) Breaches of the obligation of secrecy or of conditions pursuant to § 2-5 may be punishable pursuant to §121 of the Penal Code. [1] Amended by Act No. 66 of 20 July 1991 (effective as of 15 October 1991 pursuant to Proposition No. 571 of 6 September 1991)

§ 5-2. Implementation of the Act, etc

The King[1] may issue regulations concerning the implementation and supplementation of this Act. [1]Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

Chapter 6. Commencement. Transitional provisions. Amendments to other Acts

§ 6-1.

(1) This Act shall come into force from the date determined by the King[1].

[1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 June 1989.

(2) In the course of the first two years this Act is in force Statistics Norway may impose an obligation on administrative bodies to provide information concerning their current statistics, and an obligation on state bodies and nationwide municipal organisations to provide information about their major administrative data-processing systems.

(3) Upon the first appointment of the executive committee, the vice-chairman of the executive committee and 2 of the ordinary members shall be appointed for a term of 2 years.

(4) The King[1] may determine that the rules contained in this Act concerning the duration and cessation of the obligation of secrecy with respect to information shall also apply in the case of information collected for use in official statistics before this Act came into force.

(5) Act No. 2 of 25 April 1907 relating to the procurement of statements for official statistics is hereby repealed. [1] Ministry of Finance pursuant to Royal Decree No. 387 of 16 lune 1989. Effective as of 16 February 1990, pursuant to regulation No. 104 of 13 February 1990.