For what purposes are statistics used?

Law on Statistics for Federal Purposes (Federal Statistics Law - BStatG)

revised by B. v. October 20, 2016 Federal Law Gazette I p. 2394; last amended by Article 6 G. v. February 22, 2021 Federal Law Gazette I p. 266
Valid from 01/30/1987; FNA: 29-22 Statistics
9 earlier versions | Printed matter / draft / justification | is quoted in 117 regulations

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§ 1 Statistics for Federal Purposes

Section 2 Federal Statistical Office

Section 3 Tasks of the Federal Statistical Office

Section 3a Cooperation between the statistical offices

§ 4 Statistical Advisory Board

Section 5 Arrangement of federal statistics

§ 5a Use of administrative data

Section 6 Measures for the preparation and implementation of federal statistics

Section 7 surveys for special purposes

§ 8 Processing of data from the administrative execution

Section 9 Scope of regulations of federal statistical legislation

§ 10 Survey and auxiliary features

§ 11 (repealed)

§ 11a Electronic data transmission

Section 12 Separation and deletion of auxiliary features

Section 13 Register

§ 13a Merging of data

§ 14 survey officers

Section 15 Obligation to provide information

Section 16 Confidentiality

Section 17 Notification

§ 18 Statistical surveys of the European Union

Section 19 Supra and international tasks of the Federal Statistical Office

Section 20 Federal Statistics Costs

Section 21 Prohibition of re-identification

Section 22 Penal Commission

§ 22a (repealed)

Section 23 Regulation on fines

Section 24 Administrative authority within the meaning of the Administrative Offenses Act (OWiG)

Section 25 Suspensive effect of objection and legal action for rescission in the case of state and municipal statistics

Section 26 (repealed)

§ 27 (repealed)

Section 28 Entry into force


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The Bundestag passed the following law with the consent of the Bundesrat


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§ 1 Statistics for Federal Purposes


§ 1 has 1 earlier version and is quoted in 1 provision


1 In the federally structured overall system of official statistics, statistics for federal purposes (federal statistics) have the task of continuously collecting, collecting, processing, presenting and analyzing data on mass phenomena. 2 The principles of neutrality, objectivity and professional independence apply to them. 3 It obtains the data using scientific knowledge and using appropriate methods and information technologies. 4 The results of the federal statistics are used to break down social, economic and ecological relationships for the federal government, states including municipalities and associations of municipalities, society, the economy, science and research. 5 The federal statistics are a prerequisite for a policy based on the welfare state principle. 6 The individual data collected for the federal statistics are used exclusively for the purposes specified by this Act or another legal regulation ordering federal statistics.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 2 Federal Statistical Office


§ 2 has 2 earlier versions and is quoted in 3 provisions


(1) The Federal Statistical Office is an independent higher federal authority within the remit of the Federal Ministry of the Interior, for Building and Home Affairs.


(2) The President of the Federal Statistical Office is appointed by the Federal President on the proposal of the Federal Government.


(3) The Federal Statistical Office carries out its tasks according to the requirements of the competent federal ministries within the framework of a task program coordinated with the financial planning and the available budget funds on the basis of the respective appropriate methods.



Text in the version of Article 177 Eleventh Competency Adjustment Ordinance V. v. June 19, 2020 Federal Law Gazette I p. 1328 w.v. June 27, 2020


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Section 3 Tasks of the Federal Statistical Office


§ 3 has 2 earlier versions and is quoted in 4 provisions


(1) The task of the Federal Statistical Office is, subject to other legal provisions,


1.
To prepare and further develop statistics for federal purposes (federal statistics) methodically and technically in consultation with the statistical offices of the federal states,

2.
to coordinate the uniform and timely creation of federal statistics by the states and to ensure the quality of the results of these statistics in cooperation with the statistical offices of the states,

3.
to compile the results of the federal statistics in the necessary factual and regional structure for the federal government and to publish and present them for general purposes,

4.
To provide individual information for scientific purposes in accordance with this Act or any other legal provision; the competence of the federal states to also perform this task remains unaffected,

5.
To compile federal statistics if and insofar as this is stipulated in this or any other federal law or the states involved agree,

6.
at the request of the highest federal authorities to carry out additional processing for federal purposes, including the development and application of microsimulation models and microeconometric analyzes,

7.
Carry out special processing if the statistical offices of the federal states do not carry out this processing themselves,

8.
To carry out examinations and aptitude tests according to § 5a paragraph 2 and 3

9.
to compile statistics according to § 8 on behalf of the highest federal authorities,

10.
Compile statistics from other countries, the European Union and international organizations and publish and present their results for general purposes,

11.
to coordinate the factual, temporal and spatial coordination of federal statistics and statistics mentioned in number 9,

12.
to support the federal government in the preparation of the federal statistics program and the legal and general administrative regulations of the federal government which affect the federal statistics,

13.
To prepare national accounts and other overall systems of statistical data for federal purposes and to publish and present them for general purposes,

14.
to manage the federal statistical information system and to participate in the coordination of special databases of other federal agencies; the same applies if the federal government is involved in corresponding projects outside the federal administration,

15.
To simplify and improve data acquisition and processing for the purposes of federal statistics, to participate in numbering projects and efforts by the federal government to automate administrative processes and court proceedings; the same applies if the federal government is involved in corresponding projects outside the federal administration,

16.
to advise the federal authorities on the award of research contracts with regard to the acquisition and provision of statistical data as well as to carry out research contracts in the field of federal statistics on behalf of the highest federal authorities, to prepare expert reports and to carry out other work of a statistical and similar nature,

17.
to work closely with the Deutsche Bundesbank in order to reduce the survey effort and to ensure quality and coherence in the compilation of statistics.

(2) The statistical offices of the states and the other bodies entrusted with the implementation of federal statistics shall provide the Federal Statistical Office with individual information on request, insofar as this is necessary for the methodological and technical preparation of federal statistics and the further development in accordance with paragraph 1 number 1, for securing the The quality of the results according to paragraph 1 number 2 or for the implementation of processing according to paragraph 1 numbers 6 and 7 is required; the same applies to the fulfillment of the corresponding tasks of the Federal Office in the supra and international area.


(3) In the case of state statistics in the federally uniform compilation of which there is a federal interest, the Federal Statistical Office can perform the tasks according to paragraph 1 numbers 1 to 4, provided that the states involved agree.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 3a Cooperation between the statistical offices


Section 3a is quoted in 1 commission


(1) The Federal Statistical Office and the statistical offices of the Länder may, insofar as they are responsible for the implementation of federal statistics and other work of a statistical nature within the framework of federal statistics, carry out individual work or necessary auxiliary measures by means of an administrative agreement or on the basis of an administrative agreement transferred to other statistical offices. This does not apply to the provision of information and the enforcement of the obligation to provide information.


(2) The statistical work according to paragraph 1 also includes the provision of data for science.


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§ 4 Statistical Advisory Board


§ 4 has 3 earlier versions and is quoted in 3 provisions


(1) The Federal Statistical Office has a statistical advisory board which advises it on specialist statistical issues and represents the interests of users of the federal statistics.


(2) 1The statistical advisory board receives rules of procedure. 2This requires the approval of the Federal Ministry of the Interior, Building and Home Affairs in agreement with the Federal Ministries.



Text in the version of Article 177 Eleventh Competency Adjustment Ordinance V. v. June 19, 2020 Federal Law Gazette I p. 1328 w.v. June 27, 2020


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Section 5 Arrangement of federal statistics


Section 5 has 1 earlier version and is cited in 10 provisions


(1) 1Unless otherwise provided in this Act or in any other legal provision, the federal statistics are ordered by law. The legal provision should also take into account the information needs of the federal states, including the municipalities and associations of municipalities.


(2) 1The Federal Government is authorized to order federal statistics with a period of validity of up to three years by means of a statutory ordinance with the consent of the Bundesrat and to supplement federal statistics with regard to the characteristics and the group of respondents for a period of validity of up to three years if the following conditions are met:


1.
The results of the federal statistics must be necessary for the fulfillment of certain federal purposes that were already determined at the time of the survey,

2.
the federal statistics may only cover a limited group of people,

3.
the estimated costs of the respective federal statistics without the costs for publication may not exceed two million euros for the surveys within one year at the federal and state levels including the municipalities and associations of municipalities.

2Economic and environmental statistics may be ordered with an obligation to provide information; other federal statistics may only be ordered without an obligation to provide information.

(2a) 1The Federal Government is empowered to order federal statistics by ordinance with the consent of the Bundesrat and to supplement federal statistics ordered by law if this is necessary for the implementation of legal acts of the European Union in accordance with Article 338 of the Treaty on the Functioning of the European Union. 2 Economic and environmental statistics may be ordered with an obligation to provide information, other federal statistics may only be ordered without an obligation to provide information.


(3) 1The Federal Government submits a report to the German Bundestag every two years on the federal statistics arranged in accordance with paragraphs 2 and 2a as well as on the federal statistics in accordance with Section 7.2. The estimated costs incurred by the federal government and the states, including the municipalities and associations of municipalities, are to be presented. 3 Further, the burden on the respondents should be discussed.


(4) 1The Federal Government is authorized to suspend the implementation of federal statistics or the collection of individual characteristics for up to four years by means of an ordinance with the consent of the Bundesrat, to extend the periodicity, to postpone the survey dates and to restrict the group of respondents if the results no longer apply or are no longer required in the originally intended detail or frequency or if the actual requirements for federal statistics no longer apply or have changed significantly. 2The Federal Government is also authorized, by means of an ordinance with the consent of the Bundesrat, to switch from the survey with the obligation to provide information provided for in a legal regulation to a survey without the obligation to provide information, if and to the extent that sufficient results of federal statistics can also be obtained through a survey without the obligation to provide information.


(5) 1 Federal statistics, in which information is used exclusively from generally accessible sources, do not require an order by law or ordinance. The same applies to federal statistics in which information from public registers is used exclusively, provided that the Federal Statistical Office or the statistical offices of the federal states are granted a special right of access to these registers in a legal regulation.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 5a Use of administrative data


§ 5a has 2 earlier versions and is quoted in 6 regulations


(1) Before ordering or changing federal statistics, the Federal Statistical Office checks whether there are already data available for public administration bodies or bodies that perform public administration tasks that are qualitatively suitable for the creation, including quality assurance, of the respective federal statistics.


(2) 1An electronic administrative data information platform will be set up at the Federal Statistical Office to test suitability. In order to set up this information platform, the bodies named in paragraph 1 or their supervisory authorities shall, upon request, transmit metadata about their administrative data to the Federal Statistical Office, in particular about their origin, structure and content. 3 To maintain the administrative data information platform, the bodies from which data have been requested in accordance with sentence 2 inform the Federal Statistical Office of any change to the metadata relating to their administrative data. 4 The information contained on the administrative data information platform is made available to the public.


(3) 1The offices according to paragraph 2 transmit individual information without name and address (formally anonymized individual information) to the Federal Statistical Office on request, if this is necessary for carrying out further investigations into the suitability of the administrative data for statistical purposes and the responsible Federal Ministry sends the Federal Statistical Office has commissioned such an investigation. 2 In the case of agencies of the federal states responsible for the performance of public administration tasks, consultation with the respective responsible ministries of the federal states is to be established.


(4) 1If the Federal Statistical Office determines the suitability of the administrative data, they should, subject to other legal provisions, be used for the compilation of the respective federal statistics. The transmission of the data is to be regulated in the legal provision that orders or changes the federal statistics.



Text in the wording of Article 6 Law implementing the Regulation of the European Parliament and of the Council on European business statistics repealing ten legal acts in the field of business statistics and amending other statistical laws G. v. February 22, 2021 Federal Law Gazette I p. 266 w.v. April 1, 2021


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Section 6 Measures for the preparation and implementation of federal statistics


Section 6 has 3 earlier versions and is cited in 16 provisions


(1) 1The Federal Statistical Office and the statistical offices of the federal states can prepare and carry out federal statistics ordered by law


1.
collect information to clarify the group of respondents and their statistical allocation,

2.
Test questionnaires and survey procedures for their appropriateness.

2 In the case of federal statistics without an obligation to provide information, there is also no obligation to provide information for the information according to numbers 1 and 2. 3 In the case of federal statistics with an obligation to provide information, this only applies to the information in accordance with number 2.4 The information in accordance with numbers 1 and 2 must be deleted at the earliest possible point in time, and the information in accordance with number 1 at the latest after the relevant information to be collected in the context of the Implementation of the respective federal statistics is conclusive and completeness have been checked, the information according to number 2 no later than 3 years after the test has been carried out. 5 For the information according to number 2, the name and address must be separated from the other information at the earliest possible point in time and kept separately.

(2) The information according to Paragraph 1 No.1 may be used to keep the statistics register in accordance with Section 13 (1), provided that they were collected for the preparation and implementation of economic and environmental statistics ordered by law.


(3) 1The Federal Statistical Office and the statistical offices of the federal states can also prepare a legal regulation ordering federal statistics


1.
collect information to determine the group of respondents and their statistical allocation,

2.
Test questionnaires and survey procedures for their appropriateness.

There is no obligation to provide information for the information according to numbers 1 and 2. 3 They are to be deleted at the earliest possible point in time, the information according to number 2 no later than three years after the test has been carried out. 4 For the information according to number 2, the name and address must be separated from the other information at the earliest possible point in time and kept separately.

(4) 1A company with fewer than 50 employees should be included in a maximum of three sample surveys for federal statistics with an obligation to provide information per calendar year. 2 surveys carried out several times in a calendar year count as a single survey.


(5) In order to replace or simplify direct surveys, the following may be used to compile federal statistics:


1.
Information from previous surveys of the respective federal statistics and

2.
1 for economic and environmental statistics for companies, businesses and workplaces

a)
Information from other economic and environmental statistics and

b)
Data from generally accessible sources.

2 For the purpose stated in sentence 1, information on the survey characteristics may be temporarily merged with information on the auxiliary characteristics. 3 The replacement of information with data from generally accessible sources may only take place with the consent of the federal ministry responsible for the legal provision on which the federal statistics are based. 4If data according to sentences 1 and 2 are used, the collection may otherwise be dispensed with.


Text in the wording of Article 6 Law implementing the Regulation of the European Parliament and of the Council on European business statistics repealing ten legal acts in the field of business statistics and amending other statistical laws G. v. February 22, 2021 Federal Law Gazette I p. 266 w.v. March 4, 2021


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Section 7 surveys for special purposes


§ 7 has 1 earlier version and is quoted in 3 provisions


(1) In order to meet a short-term data requirement of the highest federal authorities, federal statistics may be carried out without the obligation to provide information if a highest federal authority requests such federal statistics.


(2) To clarify scientific and methodological questions in the field of statistics, federal statistics may be carried out without the obligation to provide information.


(3) The Federal Statistical Office is entitled to carry out the federal statistics in accordance with paragraphs 1 and 2, insofar as this is not done in the cases of paragraph 1 by the statistical offices of the Länder within the deadlines set by the highest federal authorities and not in the cases of paragraph 2 is carried out by the statistical offices of the federal states themselves.


(4) Federal statistics in accordance with Paragraphs 1 and 2 may each include a maximum of 20,000 respondents.


(5) Repeat surveys are also permitted for the purpose of presenting a course up to five years after the first survey.


(6) 1The Federal Statistical Office and the statistical offices of the federal states may take measures in accordance with Section 6 (1), first sentence, number 1 to prepare and carry out federal statistics in accordance with paragraphs 1 and 2 without any obligation to provide information; Section 6 (1) sentence 4 applies accordingly. 2 For the preparation of these federal statistics for extrapolations, data from the previous survey may be used in aggregated form.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 8 Processing of data from the administrative execution


§ 8 is quoted in 3 provisions


(1) Insofar as federal administrative agencies collect data on the basis of non-statistical legal or administrative regulations or if they generate data in any other way, the statistical processing of this data can be entrusted to the Federal Statistical Office in whole or in part . The Federal Statistical Office is entitled, with the consent of the commissioning body, to present and publish statistical results from the processed data for general purposes.


(2) Special regulations in a legal regulation ordering federal statistics remain unaffected.


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Section 9 Scope of regulations of federal statistical legislation


Section 9 has 1 earlier version and is quoted in 6 provisions


(1) The legal regulation ordering federal statistics must determine the survey characteristics, the auxiliary characteristics, the type of survey, the reporting period or the reporting time, the periodicity and the group of respondents.


(2) Consecutive numbers and serial numbers for the implementation of federal statistics require a provision in the legal regulation ordering federal statistics only insofar as they contain information about personal or factual circumstances that go beyond the survey and auxiliary features.



Text in the version of Article 13 of the Act to Promote Electronic Administration and Amending Other Provisions G. v. July 25, 2013 Federal Law Gazette I p. 2749, 2015 I 678 w.v. 1 August 2013


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§ 10 Survey and auxiliary features


Section 10 has 1 earlier version and is cited in 6 provisions


(1) Federal statistics are compiled on the basis of survey and auxiliary criteria. Survey characteristics include information about personal and factual circumstances that are intended for statistical use. Auxiliary features are information that is used for the technical implementation of federal statistics. They may only be used for other purposes insofar as Paragraph 2 or another law allows it.


(2) The name of the municipality, the block side and the geographical grid cell may be used for the regional assignment of the survey characteristics. The remaining parts of the address may be used for allocation to block pages and geographic grid cells for a period of up to four years after the respective survey has been completed. Special regulations in a legal regulation ordering federal statistics remain unaffected.


(3) Block side is within a municipality the side with the same street name from the area enclosed by road junctions or comparable boundaries. A geographic grid cell is a unit of area that is square in relation to a given map projection and is at least 1 hectare in size.



Text in the version of Article 13 of the Act to Promote Electronic Administration and Amending Other Provisions G. v. July 25, 2013 Federal Law Gazette I p. 2749, 2015 I 678 w.v. 1 August 2013


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§ 11 (repealed)


Section 11 has 1 earlier version and is quoted in 2 provisions




Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 11a Electronic data transmission


§ 11a has 2 earlier versions and is quoted in 9 regulations


(1) 1Insofar as bodies that perform public administration tasks transmit data using standardized electronic data exchange formats, these are also to be used when transmitting the data to be collected for federal statistics. 2Otherwise, electronic procedures are to be used after consultation between the statistical offices and the bodies concerned.


(2) 1If companies and companies are provided with electronic procedures for the transmission of the data to be collected for federal statistics, they are obliged to use these procedures. 2 To avoid undue hardship, the competent authority can grant an exception upon request.


(3) A state-of-the-art encryption method must be used for electronic transmission.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 12 Separation and deletion of auxiliary features


Section 12 has 1 earlier version and is quoted in 12 provisions


(1) 1Unless otherwise stipulated in Paragraph 2, Section 10, Paragraph 2, Section 13 or any other legal provision, auxiliary features are to be deleted as soon as the statistical offices have checked the coherence and completeness of the survey and auxiliary features. 2They are to be separated from the survey characteristics at the earliest possible point in time and kept or saved separately.


(2) 1In the case of periodic surveys for the purposes of federal statistics, the auxiliary features required to determine the group of respondents, insofar as they are required for subsequent surveys, may be kept or saved separately. 2After the end of the period of the recurring surveys, they are to be deleted.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 13 Register


Section 13 has 2 earlier versions and is cited in 15 provisions


(1) 1 The Federal Statistical Office maintains a business register for statistical purposes (statistical register) in accordance with Regulation (EC) No. 177/2008 of the European Parliament and of the Council of February 20, 2008 to create a joint business register for the preparation and creation of federal statistics and for evaluation purposes Framework for business registers for statistical purposes and to repeal Council Regulation (EEC) No. . . 2186/93 (OJ L 61 of 5.3.2008, p. 6) in the currently applicable version and the Statistics Register Act. The statistical offices of the federal states contribute to the maintenance of the statistical register and are allowed to use it insofar as it is necessary to fulfill their tasks under this law or another federal or state law.


(2) 1The Federal Statistical Office maintains an address register for the preparation and creation of federal statistics and for evaluation purposes, which contains the postcode, the name of the municipality, the street name with house number, the geographic coordinate of the property and a serial number for each address. 2 For the preparation and implementation of surveys on a sample basis, the total number of people per address required for the stratification as well as the property of the living space may also be saved. The statistical offices of the federal states contribute to the maintenance of the address register and are allowed to use it insofar as it is necessary to fulfill their tasks according to this law or any other federal or state law. 4 Information from federal and state statistics as well as from generally accessible sources may be used for the maintenance and management of the register.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 13a Merging of data


§ 13a has 1 earlier version and is quoted in 4 provisions


1Insofar as it is necessary to obtain statistical information without additional statistical surveys and to fulfill the purposes according to Section 13 (1), the following data may be merged:

1.
Data from economic and environmental statistics for companies, businesses and workplaces, including those from statistics compiled by the Deutsche Bundesbank,

2.
Data from the statistics register,

3.
Data according to the Administrative Data Usage Act and

4.
Data obtained by the federal and state statistical offices from generally accessible sources.

2 For this purpose, the Deutsche Bundesbank may transmit data from the economic statistics it has compiled to the Federal Statistical Office. 3 For mergers according to sentence 1, identification numbers according to § 1 paragraph 1 sentence 4 of the Statistics Register Act may be stored in the data records with the information on the survey characteristics for up to 30 years. 4 After the storage period has expired, the identification numbers must be deleted. 5 The period begins with the completion of the respective survey.


Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 14 survey officers


§ 14 has 2 earlier versions and is quoted in 6 regulations


(1) 1 The persons officially entrusted with the collection of federal statistics (data collection officers) must guarantee reliability and confidentiality. Surveyors may not be used if, due to their professional activity or for other reasons, there is cause for concern that findings from their work as a surveyor are being used to the detriment of the respondents or those affected.


(2) 1 Surveyors may not use the *) knowledge gained from their work in other procedures or for other purposes. 2They are obliged in writing to maintain statistical secrecy in accordance with Section 16 and to maintain the secrecy of any knowledge that is occasionally obtained from their activities. 3 The obligation also applies after the end of their activity.


(3) 1The survey officers are obliged to follow the instructions of the survey agencies. 2 When exercising their activity, they have to prove their authorization.


(4) Surveyors are to be instructed about their rights and obligations.



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*)
Grade d. Red .: The incorrect spelling in the new announcement v. October 20, 2016 (Federal Law Gazette I p. 2394) was not adopted here.


Text in the version of the announcement of the new version of the Federal Statistics Act B. v. October 20, 2016 Federal Law Gazette I p. 2394 w.v. July 27, 2016


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Section 15 Obligation to provide information


§ 15 has 1 earlier version and is quoted in 8 provisions


(1) 1The legal provision ordering federal statistics must specify whether and to what extent the survey should be carried out with or without an obligation to provide information. 2If there is an obligation to provide information, all natural and legal persons under private and public law, associations of persons, federal and state authorities as well as municipalities and associations of municipalities are obliged to answer the properly asked questions.


(2) The obligation to provide information applies to the survey commissioner and the agencies officially entrusted with the implementation of federal statistics (survey agencies).


(3) The answers are to be given by the respondents in the form specified by the survey agency.


(4) 1The answer can be given electronically, in writing, orally or by telephone, provided that this option for answering is offered by the collection agency. 2 In the case of an oral or telephone survey, the possibility of giving answers in writing is also to be provided. 3 The obligation to provide electronic answers may only be specified under the conditions of Section 11a or on the basis of a federal law.


(5) 1The answer must be given truthfully, completely and within the deadlines set by the collection agencies *). 2 The answer is given when she


1.
when it was sent by post to the collection agency, or

2.
in the case of electronic transmission, has been recorded in a manner that can be processed by the collection agency.

3Unless otherwise stipulated in a legal regulation, the answer is to be given free of charge and postage for the recipient.

(6) If the answer according to Paragraph 4 Clause 2 is given in writing in the case of an oral or telephone survey, the completed questionnaires can be handed over to the survey officer, handed in to the survey agency or sent there.


(7) Objections and actions for rescission against the request to provide information have no suspensive effect.



---
*)
Grade d. Red .: The unworkable change in Article 1 No. 15 c) aa) G. v. July 21, 2016 (Federal Law Gazette I p. 1768) was consolidated accordingly.


Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 16 Confidentiality


Section 16 has 1 earlier version and is quoted in 41 provisions


(1) 1 Individual information about personal and factual circumstances that are made for federal statistics are to be kept secret by the public officials and persons responsible for the public service who are entrusted with the implementation of federal statistics, unless otherwise stipulated by special legal provision . 2 The duty of confidentiality continues even after the end of their activity. 3 The duty of confidentiality does not apply to


1.
Individual information that the data subjects have given written consent to be transmitted or published, unless another form of consent is appropriate due to special circumstances,

2.
Individual information from generally accessible sources if they relate to the public bodies named in Section 15 (1), even if there is an obligation to provide information on the basis of a legal regulation ordering federal statistics,

3.
Individual information that is summarized by the Federal Statistical Office or the statistical offices of the federal states with the individual information of other respondents and presented in statistical results,

4.
Individual details if they cannot be assigned to the respondents or those affected.

4 sections 93, 97, 105 Para. 1, § 111 Para. 5 in conjunction with Section 105 Para. 1 and § 116 Para. 1 of the Tax Code of March 16, 1976 (Federal Law Gazette I p. 613; 1977 I p. 269), last amended by Article 1 of the Act of December 19, 1985 (Federal Law Gazette I p. 2436), do not apply to persons and positions insofar as they are entrusted with the implementation of federal, state or municipal statistics.

(2) 1The transmission of individual information between the persons and agencies entrusted with the implementation of federal statistics is permissible insofar as this is necessary for the compilation of federal statistics. 2 In addition, the transmission of individual information between the statistical offices involved in a cooperation according to § 3a and the central processing and use of this individual information in one or more statistical offices is permitted.


(3) 1The Federal Statistical Office may transmit to the statistical offices of the federal states the individual data relating to their respective survey area for special processing at regional level. 2 For the preparation of national accounts and other overall systems of the Federation and the Länder, the Federal Statistical Office and the statistical offices of the Länder may transmit individual information from federal statistics to one another.


(4) 1For use vis-à-vis the legislative bodies and for planning purposes, but not for the regulation of individual cases, tables with statistical results may be transmitted to the highest federal or state authorities by the Federal Statistical Office and the statistical offices of the states, even if table fields identify only a single case.2 The transmission according to sentence 1 is only permitted if the transmission of individual information to the highest federal or state authorities is permitted in the legal provisions ordering federal statistics.


(5) 1For exclusively statistical purposes, the Federal Statistical Office and the statistical offices of the federal states may transmit individual data to the authorities of the municipalities and municipal associations responsible for carrying out statistical tasks, if the transmission is provided for in a law ordering federal statistics and the type and scope of the to the individual details to be transmitted are intended. The transmission is only permitted if the state law ensures a separation of these bodies from other municipal administrative bodies and the organization and procedures guarantee statistical confidentiality.


(6) 1 For the implementation of scientific projects, the Federal Statistical Office and the statistical offices of the federal states may universities or other institutions with the task of independent scientific research


1.
Submit individual information if the individual information can only be assigned with a disproportionately large amount of time, costs and manpower (factually anonymized individual information)

2.
grant access to formally anonymized individual data within specially secured areas of the Federal Statistical Office and the statistical offices of the federal states, if effective precautions are taken to maintain confidentiality.

2Authorized persons can only be public officials, persons particularly obligated for the public service according to paragraph 7.

(7) 1Persons who are to receive individual information in accordance with Paragraph 6 are to be obliged to maintain confidentiality prior to the transmission, unless they are public officials or persons particularly responsible for the public service. 2§ 1 Para. 2, 3 and 4 No. 2 of the Law of Obligations of March 2, 1974 (Federal Law Gazette I p. 469, Article 42), which has been amended by the law of August 15, 1974 (Federal Law Gazette I p. 1942) is, applies accordingly.


(8) 1 The individual information transmitted on the basis of a special legal provision or paragraphs 4, 5 or 6 may only be used for the purposes for which they were transmitted. 2 In the cases of paragraph 6 sentence 1 number 1, they are to be deleted as soon as the scientific project has been carried out. 3At the bodies to which individual information is transmitted, it must be ensured through organizational and technical measures that only public officials, persons particularly responsible for the public service or persons obliged under paragraph 7 sentence 1 are recipients of individual information.


(9) 1The transmission on the basis of a special legal provision or in accordance with paragraphs 4, 5 or 6 is to be recorded by the statistical offices according to content, place that is transmitted, date and purpose of the transmission. 2 The records are to be kept for at least five years.


(10) 1The duty of confidentiality in accordance with Paragraph 1 also applies to persons who are recipients of individual information on the basis of a special legal provision, in accordance with Paragraphs 5, 6 or of tables in accordance with Paragraph 4. 2This does not apply to obvious facts in the case of a transmission under paragraph 4.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 17 Notification


Section 17 has 1 earlier version and is cited in 5 provisions


The respondents are to be informed in writing or electronically about

1.
Purpose, type and scope of the survey,

2.
confidentiality (§ 16),

3.
the obligation to provide information or the voluntary provision of information (Section 15),

4.
the legal basis of the respective federal statistics and the auxiliary features used in their implementation,

5.
the separation and deletion (§ 12),

6.
the rights and obligations of the surveyors (Section 14),

7.
the exclusion of the suspensive effect of objection and legal action against the request to provide information (Section 15 (7)),

8.
the auxiliary and survey features for keeping the statistics register (Section 13 (1)),

9.
the meaning and content of serial numbers and serial numbers (Section 9 (2)).


Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 18 Statistical surveys of the European Union


§ 18 has 2 earlier versions and is quoted in 3 provisions


(1) Subject to the provisions in paragraph 2, the provisions of this Act relating to federal statistics apply accordingly to surveys carried out by the Federal Statistical Office or the statistical offices of the federal states on the basis of directly applicable legal acts of the European Union, insofar as the legal acts of the European Union does not indicate otherwise.


(2) Insofar as the characteristics of the surveys ordered by directly applicable legal acts of the European Union do not match the characteristics of a legal regulation ordering federal statistics or are equivalent to these characteristics, the information is voluntary, unless the legal acts of the European Union expressly provide for an obligation to provide information in front.


(3) The Federal Statistical Office is the national statistical office within the meaning of Article 5 of Regulation (EC) No. 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing the Regulation (EC, Euratom) No. 1101/2008 of the European Parliament and of the Council on the transmission of confidentiality information to the Statistical Office of the European Communities, Council Regulation (EC) No. 322/97 on Community Statistics and Decision 89/382 / EEC, Euratom of the Council to set up a Committee for the Statistical Program of the European Communities (OJ L 87, 31.3.2009, p. 164), last amended by Regulation ( EU) 2015/759 (OJ L 123, May 19, 2015, p. 90) has been changed, in the currently valid version.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 19 Supra and international tasks of the Federal Statistical Office


§ 19 has 1 earlier version and is quoted in 1 provision


In the supra- and international area, the Federal Statistical Office has the particular task of preparing statistical programs and legal provisions as well as the methodical and technical preparation and harmonization of statistics as well as the preparation of national accounts and other overall systems of statistical data for purposes of the European Union and international Organizations to participate and to forward the results to the European Union and international organizations.



Text in the version of Article 13 of the Act to Promote Electronic Administration and Amending Other Provisions G. v. July 25, 2013 Federal Law Gazette I p. 2749, 2015 I 678 w.v. 1 August 2013


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Section 20 Federal Statistics Costs



The costs of federal statistics, insofar as they are incurred by the federal authorities, are borne by the federal government, and otherwise by the states.


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Section 21 Prohibition of re-identification


§ 21 is quoted in 1 commission


A combination of individual information from federal statistics or such individual information with other information for the purpose of establishing a reference to a person, company, company or place of work outside the scope of this Act or the legal provision ordering federal statistics is prohibited.


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Section 22 Penal Commission


Section 22 is quoted in 1 provision


Anyone who, contrary to Section 21, combines individual information from federal statistics or such individual information with other information will be punished with imprisonment for up to one year or with a fine.


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§ 22a (repealed)


Section 22a has 3 earlier versions and is cited in 3 provisions




Text in the version of Article 6 of the Act implementing Regulation (EU) 2017/1939 of the Council of 12 October 2017 on the implementation of enhanced cooperation to establish the European Public Prosecutor's Office and to amend other provisions G. v. July 10, 2020 Federal Law Gazette I p. 1648 w.v. 17th July 2020


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Section 23 Regulation on fines


Section 23 has 2 earlier versions and is quoted in 4 provisions


(1) Anyone who deliberately or negligently does not provide information, or does not provide information correctly, in full or in good time, in contravention of Section 15 (1) sentence 2, paragraphs 2 and 5 sentence 1 is an administrative offense.


(2) Anyone committing to administrative offense


1.
contrary to Section 15 (3), fails to provide an answer in the prescribed form, or

2.
contrary to § 11a paragraph 2 sentence 1 does not use a procedure named there.

(3) The regulatory offense can be punished with a fine of up to five thousand euros.



Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 24 Administrative authority within the meaning of the Administrative Offenses Act (OWiG)


§ 24 has 1 earlier version and is quoted in 2 provisions


1 Administrative authority within the meaning of Section 36 Para. 1 of the Law on Administrative Offenses is the Federal Statistical Office, insofar as it provides federal statistics

1.
prepared in accordance with Section 3 Paragraph 1 No. 1 in conjunction with Section 6 Paragraph 1 or

2.
according to Section 3 (1) number 5, also in conjunction with Section 5 (2), 2a and Section 6 (1) or

3.
processed on the basis of this or any other federal law.

The same applies if the Federal Statistical Office is responsible for carrying out the surveys in accordance with Section 18.


Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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Section 25 Suspensive effect of objection and legal action for rescission in the case of state and municipal statistics



A state law can stipulate that objection and action for rescission against the request for information in the implementation of state and municipal statistics, which are ordered by law, have no suspensive effect.


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Section 26 (repealed)


Section 26 has 1 earlier version and is cited in 2 provisions




Text in the version of Article 1 of the Act amending the Federal Statistics Act and other Statistics Acts G. v. July 21, 2016 Federal Law Gazette I p. 1768 w.v. July 27, 2016


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§ 27 (repealed)




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Section 28 Entry into force



With the exception of Section 26 Para. 1 in force on the day after the announcement *). Section 26 Para. 1 comes into force on January 1, 1989. Enter with the entry into force of this law

1.
the law on statistics for federal purposes of March 14, 1980 (Federal Law Gazette I p. 289),

2.
the Ordinance on Responsibility for Prosecuting and Punishing Administrative Offenses in the Field of Statistics for Federal Purposes of December 20, 1968 (Federal Law Gazette I p. 1410)

inoperative.


---
*)
Grade d. Red .: The announcement was made on January 22, 1987.

Link to this site: https://www.buzer.de/gesetz/5085/index.htm

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