Legislation
The legal basis for population and housing censuses is provided by regulations that are binding on all of Europe and directly applicable in Member States. The census is conducted in accordance with Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses. Recital 2 of the Regulation states that “periodic statistical data on the population and the main family, social, economic and housing characteristics of persons are necessary for the study and definition of regional, social and environmental policies affecting particular sectors of the Community”.
Data protection issues
Participation in the population census is mandatory. All the collected data are protected in compliance with the principles of statistical confidentiality and the requirements of personal data protection. The protection of data is required by the Personal Data Protection Act as well as by other regulations concerning statistics. The processing of personal data is governed by strict security measures which ensure that the data provided to Statistics Estonia are carefully protected and used only for statistical and scientific purposes.
In Estonia, the obligation to participate in the census is prescribed by the Official Statistics Act which stipulates that respondents are required to answer all questions of a census and provide true and complete answers.
The Official Statistics Act stipulates that respondents have the right to choose whether to provide answers about their beliefs. This means that the census includes some questions that are answered on a voluntary basis. For example, nobody is obliged to answer questions concerning their religious beliefs or self-perceived health status.
The General Data Protection Regulation prohibits the processing of special categories of personal data which reveal racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. The processing of data provided on a voluntary basis is allowed for statistical and scientific purposes, which also applies to the population and housing census.
Data security is a priority for Statistics Estonia
The conduct of population and housing censuses is strongly linked to the protection of personal data. Already in the first stage of data processing, the data are modified so as to prevent any identification of the specific respondent. All further production and analysis of statistics is done using pseudonymised data.
Pursuant to statistical legislation, Statistics Estonia cannot disseminate the collected data in any identifiable form. It is also prohibited to disseminate the data for administrative, legal, tax or control purposes. Statistics Estonia has the obligation to protect the data that are collected and processed for statistical purposes. Data security is required for personal data protection and statistical confidentiality. Statistics Estonia can disseminate data that do not allow any direct or indirect identification of individuals.
Read more about the data protection principles applied by Statistics Estonia.
European legislation on population and housing censuses
- Regulation (EC) No 763/2008 of the European Parliament and of the Council of 9 July 2008 on population and housing censuses (Text with EEA relevance), OJ L 218, 13.8.2008, p. 14–20
- Commission Regulation (EC) No 1201/2009 of 30 November 2009 implementing Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses as regards the technical specifications of the topics and of their breakdowns (Text with EEA relevance), OJ L 329, 15.12.2009, p. 29–68
- Commission Regulation (EU) No 519/2010 of 16 June 2010 adopting the programme of the statistical data and of the metadata for population and housing censuses provided for by Regulation (EC) No 763/2008 of the European Parliament and of the Council (Text with EEA relevance), OJ L 151, 17.6.2010, p. 1–13
- Commission Regulation (EU) No 1151/2010 of 8 December 2010 implementing Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses, as regards the modalities and structure of the quality reports and the technical format for data transmission (Text with EEA relevance), OJ L 324, 9.12.2010, p. 1–12
- Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013–17 (Text with relevance for the EEA and for Switzerland), OJ L 39, 9.2.2013, p. 12–29
- Regulation (EU) No 1260/2013 of the European Parliament and of the Council of 20 November 2013 on European demographic statistics (Text with EEA relevance), OJ L 330, 10.12.2013, p. 39–43
- Commission Implementing Regulation (EU) No 205/2014 of 4 March 2014 laying down uniformed conditions for the implementation of Regulation (EU) No 1260/2013 of the European Parliament and the Council on European demographic statistics, as regards breakdowns of data, deadlines and data revisions (Text with EEA relevance), OJ L 65, 5.3.2014, p. 10–26
- Commission Implementing Regulation (EU) 2017/543 of 22 March 2017 laying down rules for the application of Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses as regards the technical specifications of the topics and of their breakdowns (Text with EEA relevance), C/2017/1728, OJ L 78, 23.3.2017, p. 13–58
- Commission Regulation (EU) 2017/712 of 20 April 2017 establishing the reference year and the programme of the statistical data and metadata for population and housing censuses provided for by Regulation (EC) No 763/2008 of the European Parliament and of the Council (Text with EEA relevance), C/2017/2433, OJ L 105, 21.4.2017, p. 1–11
- Commission Implementing Regulation (EU) 2017/881 of 23 May 2017 implementing Regulation (EC) No 763/2008 of the European Parliament and of the Council on population and housing censuses, as regards the modalities and structure of the quality reports and the technical format for data transmission, and amending Regulation (EU) No 1151/2010 (Text with EEA relevance), C/2017/3397, OJ L 135, 24.5.2017, p. 6–14
- Commission Implementing Regulation (EU) 2018/1799 of 21 November 2018 on the establishment of a temporary direct statistical action for the dissemination of selected topics of the 2021 population and housing census geocoded to a 1 km2 grid (Text with EEA relevance), C/2018/7597, OJ L 296, 22.11.2018, p. 19–27
- Commission Implementing Regulation (EU) 2019/2181 of 16 December 2019 specifying technical characteristics as regards items common to several datasets pursuant to Regulation (EU) 2019/1700 of the European Parliament and of the Council (Text with EEA relevance), C/2019/8842, OJ L 330, 20.12.2019, p. 16–41
The conduct of censuses is closely connected with the regulations on personal data protection and use of databases. Data protection means that the measures required to ensure personal data protection and statistical confidentiality are implemented in all stages of the processing of confidential data.
In national law, the conduct of population and housing censuses is governed by chapter 4, “Census”, of the Official Statistics Act. This chapter defines the additional data on persons and household members that are collected and processed due to the domestic need for official statistics.
Data protection requirements are defined following the legal provisions applicable to the processing of data for statistical and scientific purposes as stipulated by European and also national legislation. Compliance with the lawfulness requirement is the primary measure ensuring that data processing is done only on legitimate grounds.