The Government did not pass legislation to make the “Census Long Form” mandatory. Instead, the name was changed to “National Household Survey” which enables data collection on individuals to proceed day in and day out, every year. (Censuses are limitied to once every 5 years, surveys are not.)
(item #1 below) I just stumbled across the StatsCan webpage “Section 3: Authorized Disclosures of Confidential Statistics Act Information”. “Date Modified: 2010-06-28”, the day before the announcement that the census long form would no longer be mandatory.
(item #2 ). The webpage says “Section 3” – – BUT Section 3 of the actual Statistics Act is a definition of what the “Statistics bureau” is. So I think THIS “Section 3” must be from a procedures manual or something?
(Item #3 below) The rules regarding “disclosure” are in Section 17 of the Statistics Act called “Secrecy”. It is referred to in (Section 3 – of whatever): Authorized Disclosures of Confidential Statistics Act Information.
I haven’t had time to look at what “Section 3: Authorized Disclosures” entails. Does anyone have time?
Thanks,
/Sandra
(1) Section 3: Authorized Disclosures of Confidential Statistics Act Information
http://www.statcan.gc.ca/about-apercu/pia-efrvp/section-partie3-eng.htm
Statistics Canada
www.statcan.gc.ca
Section 3: Authorized Disclosures of Confidential Statistics Act Information
3.1 Data-sharing agreements
3.2 Discretionary Disclosure Authorized by Subsection 17(2) Statistics Act
3.1 Data-sharing agreements
The Statistics Act permits the agency to enter into two types of data-sharing agreements whereby confidential Statistics Act information may be disclosed under specific conditions.
Section 11 data-sharing agreement
Section 11 of the Statistics Act recognizes the special status of provincial/territorial statistical offices that administer their own statistical legislation. It provides the authority for the Minister, with the approval of the Governor in Council, to enter into agreements to share data collected jointly with the statistical agencies of provinces and territories for statistical purposes. Thus, information can be shared with provincial and territorial statistical agencies if (i) respondents were notified at the time of collection, (ii) the agency has the statutory authority to collect the information on its own, and (iii) the agency’s confidentiality protection requirements are substantially the same as those of Statistics Canada. Agreements must be in place at the time the information is being collected. In other words, information cannot be shared retroactively.
Section 12 data-sharing agreement
Section 12 of the Statistics Act provides for the sharing of information collected jointly by Statistics Canada and with any federal and provincial government department, municipal government or other incorporated body such as an association or university. Sharing of data is conditional on giving respondents prior notification of the proposed sharing, and giving them the right to refuse to allow their information to be shared. A respondent’s right of refusal to the sharing of information does not apply if the department is authorized by law to require the respondent to provide that information. As is the case for agreements with provincial and territorial statistical agencies, agreements must be in place at the time of the data collection. Respondents are informed of data sharing and of their right of objection at the time of collection. This is generally done at the end of the survey allowing respondents to make an informed decision based on the information they have provided. For mail surveys, provision for objection to sharing the information must be made on the form; for telephone and face-to-face interviews, objections are accepted verbally from respondents. For ongoing surveys with the same respondents, annual reminders are made.
In many cases, such an agreement means that the other agency will not have to collect similar information through its own survey. The shared information is used for statistical purposes, except where the other party is authorized by law to require the respondent to provide this information. In such cases, the data are normally used for administrative or regulatory purposes by the other party.
Example of a typical section 12 data sharing question
The following question used for the Canadian Community Health Survey is provided as an example of a data-sharing consent question for which a section 12 data-sharing agreement exists. As noted above, the data sharing agreement must be in place prior to the commencement of the data collection.
Statistics Canada would like your permission to share the information collected in this survey with provincial and territorial ministries of health, Health Canada and the Public Health Agency of Canada. Provincial ministries of health may make this information available to local health authorities, but names, addresses, telephone numbers and health numbers will not be provided.
Do you agree to share the information you provide”
Yes
No
Non response (A non-response to the question is treated as a “no”.)
Transmission of the share file
The share file is transmitted to the data-sharing partner(s) in an approved manner such as using an encrypted CD-ROM or using the secure e-File Transfer Service. The transmission of encrypted removable media has been used for a number of years with no instances of a breach of data confidentiality.
Summary
The privacy impact assessment indicates that appropriate safeguards are in place.
Diagram of the Data Flows: Section 12 Data Sharing
The following is a diagram of the data flows regarding the disclosure of information to a data sharing partner.
Diagram of the Data Flows: Section 12 Data Sharing
3.2 Discretionary Disclosure Authorized by Subsection 17(2) Statistics Act
Confidential information can be disclosed pursuant to subsection 17(2) of the Statistics Act which gives discretion to the Chief Statistician to release certain types of identifiable information. This discretion is limited and specific and includes the following types of information:
- information collected by persons, organizations or government departments for their own purposes and communicated to Statistics Canada as long as the secrecy requirements to which this information was subjected when first collected are adhered to, and an agreement for disclosure is made between the Chief Statistician and the collector;
- information relating to a person, organization or business if the person, organization or owner of the business consents to the disclosure in writing.
In exercising this discretion, the Chief Statistician is guided by the Discretionary Release Policy which sets out a review and approval process for all requests for disclosure of information under sub-section 17(2) of the Statistics Act.
According to the Discretionary Release Policy, the Chief Statistician could authorize disclosure when:
- the information is needed for statistical or analytical purposes; and
- the information released does not disadvantage Statistics Canada’s respondents and does not harm the relationship between the agency and its respondents.
Ultimately, it is only the Chief Statistician who can authorize disclosure and then, only within the limits set out in sub-section 17(2) of the Statistics Act.
Summary
Confidential information can only be disclosed by the program area only upon receipt of a signed Discretionary Disclosure Order.
The data file is transmitted to the approved recipient in an approved manner, such as an encrypted CD-ROM or using the e-File Transfer Service. The transmission of encrypted removal medium has been used for a number of years with no instances of breaches of data confidentiality.
The privacy impact assessment indicates that appropriate safeguards are in place. The privacy impact assessment will be reviewed if and when significant modifications to the current process are implemented.
Date Modified: 2010-06-28
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(2) SECTION 3 OF THE STATISTICS ACT IS A DESCRIPTION OF THE “STATISTICS BUREAU”
http://www.statcan.gc.ca/about-apercu/act-loi-eng.htm
Statistics bureau
3. There shall continue to be a statistics bureau under the Minister, to be known as Statistics Canada, the duties of which are . . . .
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(3) THE RULES REGARDING “DISCLOSURE” ARE IN SECTION 17 OF THE STATISTICS ACT. This “Section 3 on Authorized Disclosures seems to be an interpretation of Sections 11 and this Section 17 ?
SECRECY
Prohibition against divulging information
17. (1) Except for the purpose of communicating information in accordance with any conditions of an agreement made under section 11 or 12 and except for the purposes of a prosecution under this Act but subject to this section,
(a) no person, other than a person employed or deemed to be employed under this Act, and sworn under section 6, shall be permitted to examine any identifiable individual return made for the purposes of this Act; and
(b) no person who has been sworn under section 6 shall disclose or knowingly cause to be disclosed, by any means, any information obtained under this Act in such a manner that it is possible from the disclosure to relate the particulars obtained from any individual return to any identifiable individual person, business or organization.
Exception to prohibition
(2) The Chief Statistician may, by order, authorize the following information to be disclosed:
(a) information collected by persons, organizations or departments for their own purposes and communicated to Statistics Canada before or after May 1, 1971, but that information when communicated to Statistics Canada shall be subject to the same secrecy requirements to which it was subject when collected and may only be disclosed by Statistics Canada in the manner and to the extent agreed on by the collector thereof and the Chief Statistician;
(b) information relating to a person or organization in respect of which disclosure is consented to in writing by the person or organization concerned;
(c) information relating to a business in respect of which disclosure is consented to in writing by the owner for the time being of the business;
(d) information available to the public under any statutory or other law;
(e) information relating to any hospital, mental institution, library, educational institution, welfare institution or other similar non-commercial institution except particulars arranged in such a manner that it is possible to relate the particulars to any individual patient, inmate or other person in the care of any such institution;
(f) information in the form of an index or list of individual establishments, firms or businesses, showing any, some or all of the following in relation to them:
I. their names and addresses,
II. the telephone numbers at which they may be reached in relation to statistical matters,
III. the official language in which they prefer to be addressed in relation to statistical matters,
IV. the products they produce, manufacture, process, transport, store, purchase or sell, or the services they provide, in the course of their business, or
V. whether they are within specific ranges of numbers of employees or persons engaged by them or constituting their work force; and
(g) information relating to any carrier or public utility.
Definitions
(3) In this section,
“carrier” «transporteur»
“carrier” means any person or association of persons that owns, operates or manages an undertaking that carries or moves persons or commodities by any form of land, sea or air transport;
“public utility” «entreprise…»
“public utility” means any person or association of persons that owns, operates or manages an undertaking
(a) for the supply of petroleum or petroleum products by pipeline,
(b) for the supply, transmission or distribution of gas, electricity, steam or water,
(c) for the collection and disposal of garbage or sewage or for the control of pollution,
(d) for the transmission, emission, reception or conveyance of information by any telecommunication system, or
(e) for the provision of postal services. R.S., 1985, c. S-19, s. 17; 1992, c.1, s. 131
Information is privileged
18. (1) Except for the purposes of a prosecution under this Act, any return made to Statistics Canada pursuant to this Act and any copy of the return in the possession of the respondent is privileged and shall not be used as evidence in any proceedings whatever.
Idem
(2) No person sworn under section 6 shall by an order of any court, tribunal or other body be required in any proceedings whatever to give oral testimony or to produce any return, document or record with respect to any information obtained in the course of administering this Act.
Application of section
(3) This section applies in respect of any information that Statistics Canada is prohibited by this Act from disclosing or that may only be disclosed pursuant to an authorization under subsection 17(2). 1970-71-72, c. 15, s. 17.
Census taken between 1910 and 2005
18.1 (1) The information contained in the returns of each census of population taken between 1910 and 2005 is no longer subject to sections 17 and 18 ninety-two years after the census is taken.
Census in 2006 or later
(2) The information contained in the returns of each census of population taken in 2006 or later is no longer subject to sections 17 and 18 ninety-two years after the census is taken, but only if the person to whom the information relates consents, at the time of the census, to the release of the information ninety-two years later.
Library and Archives of Canada
(3) When sections 17 and 18 cease to apply to information referred to in subsection (1) or (2), the information shall be placed under the care and control of the Library and Archives of Canada. 2005, c. 31.
(The entire document at this URL has “Date Modified: 2010-05-26”.)