Law No. 2018-004 on the Organization and Regulation of Statistical Activities

PRESIDENCY OF THE REPUBLIC Law No. 2018-004 on the Organization and Regulation of Statistical Activities

EXPOSITION OF MOTIVES To contribute to the realization of the vision "Madagascar, a Modern and Prosperous Nation", Madagascar has decided to take the necessary measures to reform statistical activities. Among these measures is the revision of the legislative and regulatory texts governing public statistical activities to adapt them to the new economic context and the country's national and international commitments. Such an initiative falls within the National Strategy for the Development of Statistics. The lack of coordination between statistical production entities, the absence of a national statistical system, and gaps in the legislative and regulatory framework constitute a real handicap for the country. It must be noted that the existing coordination structure has never been operational and that Law No. 67-026 of December 18, 1967 on the obligation and secrecy in statistical matters, which serves as Madagascar's statistical law, has become obsolete. Therefore, with a view to equipping Madagascar with an objective tool for measuring results and enabling better decision-making within the framework of "results-based management", this law aims to strengthen the Malagasy statistical system by introducing a new legal and organizational framework while establishing an efficient statistical system capable of providing, in a timely manner, reliable and complete statistics for the implementation and monitoring-evaluation of development projects at national and regional levels. This law consists of 78 articles divided into five titles:

• Title I states the purpose of the law and provides definitions of terms used.
• Title II covers the fundamental principles governing public statistical activities.
• Title III defines a new institutional framework with the establishment of a National Statistical System.
• Title IV deals with administrative and criminal sanctions in case of violation of the provisions of this law.
• Title V concerns transitional and final provisions. Such is the purpose of this law.

PRESIDENCY OF THE REPUBLIC Law No. 2018-004 on the Organization and Regulation of Statistical Activities The Senate and the National Assembly have adopted in their respective joint sessions on March 2, 2018 and March 12, 2018, THE PRESIDENT OF THE REPUBLIC, Having regard to the Constitution; Having regard to Decision 14-HCC/D3 of April 11, 2018 of the High Constitutional Court, ENACTS THE FOLLOWING LAW:

TITLE I GENERAL PROVISIONS Article 1. - This law, hereinafter referred to as the statistical law, aims to define the fundamental principles and institutional framework governing the activities of services and bodies responsible for the development, production, and dissemination of public statistics. Article 2. - For the purposes of this law, the following terms are defined as:

1. "Statistical authorities": the National Institute of Statistics (INSTAT) and any body or service authorized by a legislative or regulatory text to develop, produce, and disseminate public statistics;
2. "Data collection": surveys and any other method of obtaining information from various sources, including administrative records;
3. "Development": activities aimed at establishing, consolidating, and improving the statistical methods, standards, and procedures used for producing and disseminating statistics, as well as designing new statistics and indicators;
4. "Confidential data": data enabling the direct or indirect identification of statistical units, thereby disclosing individual information;
5. "Dissemination": the activity by which statistics and statistical analyses are made accessible to users;
6. "Statistical survey": a technical operation consisting of collecting information on all or part of the statistical units of a given population;
7. "Administrative records": the collection of files held by an administration or public body, a public or private entity with a public service mission, containing information that can be exploited for dissemination in the form of statistics;
8. "Administrative data providers": natural or legal persons who regularly provide administrative data;
9. "Direct identification": the identification of a statistical unit by its name, address, or publicly accessible identification number;
10. "Indirect identification": the identification of a statistical unit by any means other than direct identification;
11. "Metadata": the set of elements defining an indicator or operation, such as definition, calculation method, base data sources, relevant disaggregation level, responsible institution, statistical data sources, and constraints;
12. "Statistical technical personnel": any person who permanently engages in the collection, processing, dissemination, or analysis of statistical information within a structure of the National Statistical System;
13. "Production": all activities related to collection, storage, processing, and analysis necessary to establish statistics;
14. "Annual statistical program": all activities of the multi-annual statistical program to be carried out during a calendar year;
15. "Multi-annual statistical program": the medium-term program grouping all activities of the National Statistical System;
16. "Statistical census": a survey during which information is collected on all statistical units of a given population;
17. "Respondent": natural or legal persons who are required to provide a response;
18. "Sample survey" or "survey by sampling": a technical operation consisting of collecting information on part of the statistical units of a given population, called a sample;
19. "Statistics": quantitative and qualitative information, aggregated and representative, characterizing a collective phenomenon within a considered population;
20. "Public statistics" or "official statistics": statistics produced and disseminated by statistical authorities;
21. "National Statistical System": the partnership grouping data providers, producers, and users of public statistics as well as coordination bodies for statistical activities and national institutions for training statisticians;
22. "Internal statistical works": statistical activities of public or semi-public services and international organizations not involving persons external to the services or organizations carrying them out.
23. "Statistical unit": the basic observation unit, namely a natural person, household, or enterprise, to which data relate;
24. "Use for statistical purposes": exclusive use for the development, production of results, and statistical analyses.
25. "Statistical visa": a prior authorization required before carrying out any sample survey, census, or statistical or socio-economic study conducted by public or semi-public services, private organizations with a public service mission, and international organizations.

TITLE II PRINCIPLES AND RULES GOVERNING THE EXERCISE OF PUBLIC STATISTICAL ACTIVITIES Article 3. - In exercising their missions of developing, producing, and disseminating statistical data, statistical authorities must respect the principles set forth in this law.

CHAPTER I On the Principle of Professional Independence Article 4. - Statistical authorities enjoy professional independence, which implies scientific independence, impartiality, accountability, and transparency. Article 5. - Statistical authorities enjoy scientific independence. The methods, concepts, and nomenclatures used for carrying out a statistical operation are chosen by the statistical authorities in compliance with ethical rules and good conduct, without any influence of any kind, particularly from a public authority or any interest group. Article 6. - Statistical authorities must be impartial. They produce, analyze, disseminate, and comment on public statistics in compliance with scientific independence, objectively, professionally, and transparently, ensuring equal treatment of all users. Article 7. - Statistical authorities have the responsibility and duty to use clear and relevant methods for collecting, processing, analyzing, and presenting statistical data. They have the right to make observations on erroneous interpretations and abusive uses of the statistics they disseminate. Article 8. - Statistical authorities provide, according to scientific standards, information on the sources, methods, and procedures they use to facilitate correct interpretation of data. The following provisions relate to transparency:

1. the texts governing the functioning of the National Statistical System are made known to the public;
2. natural or legal persons questioned during statistical surveys are informed about the purpose of the questionnaires to which they are subject, as well as measures adopted regarding data protection for the information they provide;
3. public statistics are disseminated in a timely manner and according to an advance-announced schedule.

CHAPTER II On the Principles of Mandate Definition, Data Collection, and Resource Adequacy Article 9. - The collection, processing, and dissemination of public statistics fall under the responsibility of statistical authorities. Article 10. - Nevertheless, statistical authorities may entrust, under their responsibility, companies, establishments, or semi-public or private organizations to collect, process, analyze specific information, and conduct statistical surveys. Statistical surveys carried out under this framework are subject to the statistical visa as well as the principles of statistical secrecy and the obligation to respond.

CHAPTER III On the Principle of Dissemination of Public Statistics Article 11. - In their activities of disseminating public statistics, statistical authorities ensure compliance with commonly accepted criteria of accessibility, clarity and comprehensibility, simultaneity, and rectification. Article 12. - Statistical authorities guarantee equal access to public statistics for all users, without any restriction other than respect for statistical secrecy. Article 13. - Public statistics are presented in a clear and understandable form, disseminated in a practical and adapted manner, accompanied by necessary metadata and analytical comments. Article 14. - Public statistics are disseminated in such a way that all users can take note of them simultaneously. Nevertheless, authorities receiving prior information under embargo in order to be able to respond to potential questions are required to publicly announce the nature of the information communicated, the identity of the recipients, and the period before public dissemination. Article 15. - Statistical authorities rectify publications of erroneous results using standard practices, and in the event of major errors, suspend dissemination, clearly informing users of the reasons for these rectifications or suspensions.

CHAPTER IV On Data Sources and the Principle of Quality Commitment Section 1 - On Data Sources Article 16. - Data used for statistical purposes may be drawn from various sources, whether censuses, statistical surveys, and/or administrative records. In the event of organizing a new data collection or a major revision of data collection or processing in a manner that may affect data provided for public statistics, administrative data providers consult with the National Institute of Statistics and, where appropriate, with other statistical authorities before any decision is made. Article 17. - Data used for statistical purposes may also consist of data generated by mobile information and communication technologies and held by public or private organizations. Article 18. - Private organizations that produce statistics from the sources mentioned in Article 16, paragraph 2, may only disseminate them with the agreement of the National Institute of Statistics when these statistics cover at least one region of Madagascar. In no case does the agreement of the National Institute of Statistics confer public status to these statistics. Any refusal by this statistical authority must be justified. Article 19. - Statistical authorities choose their source taking into account the quality of data it can provide, its timeliness, and the burden on respondents.

Section 2 - On the Principle of Quality Commitment Article 20. - Statistical authorities commit to the quality of statistics they produce and disseminate. They are required to put in place adapted procedures for this purpose. To improve the quality of public statistics, they are authorized to format and validate data, combine data from different sources, establish links between records, bring individual data together exclusively for statistical purposes, and use statistical estimation techniques to fill gaps. Article 21. - The quality of statistics is measured by commonly accepted criteria of relevance, permanence, accuracy and reliability, continuity, consistency and comparability, punctuality, timeliness, and specificity. Article 22. - Public statistics must meet the needs of users. Article 23. - Public statistics are preserved in detailed form to ensure their use by future generations, while preserving the principles of confidentiality and respondent protection. Article 24. - Public statistics reflect reality accurately and reliably. Article 25. - Public statistics are disseminated in a timely manner and up to date. Article 26. - Statistical authorities ensure continuity and comparability over time of statistical information. Article 27. - Public statistics present internal coherence over time and allow comparison between regions and countries. To this end, it must be possible to combine and use jointly related data from different sources. Concepts, classifications, terminologies, and methods established and recognized at the international level are used. Article 28. - Methods of production and analysis of statistical information take into account Malagasy specificities.

CHAPTER V On the Principle of Statistical Secrecy Article 29. - Any processing of personal data carried out under this law is performed in compliance with the provisions of existing texts on the protection of personal data. Subject to the provisions of Article 34 below, individual data collected by statistical authorities may not be disclosed in any manner without explicit authorization of the concerned natural or legal persons. Article 30. - Within the framework of their data collection and processing activities from statistical surveys or administrative records, the concerned statistical authorities ensure that when publishing or transmitting results to third parties, no direct or indirect identification of the concerned natural or legal persons is made. Article 31. - Subject to the provisions of Article 34 below, individual data collected may only be used for purposes other than disseminating or publishing statistical results. In no case can these data be used for tax or criminal prosecution or repression purposes. Article 32. - In compliance with the provisions of the Penal Code and texts governing the general status of civil servants as well as that of unclassified state agents, personnel of the concerned statistical authorities are subject to the duty of reserve and respect for professional secrecy regarding all individual information collected. The obligation of professional secrecy is enforceable against the person concerned by the information, as well as data providers and authorities acting within a criminal procedure. Article 33. - Statistical secrecy does not apply to data of an enterprise or establishment already published by the enterprise or establishment itself, or for which the enterprise or establishment has given its written consent for publication. Article 34. - Data relating to individual statistical units may be disseminated in the form of a public-use file consisting of anonymized data. Anonymized data are presented in such a way that the statistical unit cannot be identified, directly or indirectly, taking into account all appropriate means that can reasonably be used by a third party. Access to confidential data that only allow indirect identification of statistical units may be granted, by statistical authorities, to researchers conducting statistical analyses for scientific purposes. To this end, and under the supervision of the National Institute of Statistics, statistical authorities define strict protocols applicable to these researchers.

CHAPTER VI On the Principle of Obligation to Respond and Statistical Visa Article 35. - Any sample survey, census, or statistical or socio-economic study requiring the collection of individual data, conducted by public or semi-public services, private organizations with a public service mission, and international organizations, excluding internal statistical works, requires obtaining the statistical visa from the National Council of Statistics before its execution. Survey or census questionnaires mention the granted statistical visa as well as response deadlines set for the respondent. The procedures for requesting and attributing the statistical visa are specified by regulatory means. Article 36. - Natural and legal persons subject to surveys and censuses that have obtained the statistical visa and are organized by statistical authorities, are required to respond accurately and within the fixed deadlines to statistical questionnaires relating to these operations, under penalty of sanctions provided by Title IV of this law. Article 37. - Services and organizations holding administrative records are required to make said records freely available to statistical authorities for statistical exploitation, within the deadlines prescribed by existing texts, or failing that, within the time limits set by the statistical authority making the request.

CHAPTER VII On the Principle of Coordination and Cooperation Article 38. - To ensure coherence and quality of statistical information, statistical authorities coordinate their activities and use concepts, definitions, nomenclatures, and methodologies conforming to international standards adopted by the National Council of Statistics. Producers and users of public statistics are required to consult each other to allow identification of user needs and priorities and to foster the development of a fact-based decision-making culture. Article 39. - The National Statistical System is an integral part of the statistical systems of integration organizations with which Madagascar is a member, as well as the global statistical system. To this end, statistical authorities cooperate with these organizations and participate in the development of statistical standards at these different levels. They proceed, where necessary, to adapt these norms to national realities. Article 40. - The National Institute of Statistics, in collaboration with the Ministry in charge of Foreign Affairs, is the main interlocutor for all technical cooperation activities in official statistics as well as for all evaluations initiated by international organizations concerning public statistics, without prejudice to areas specifically attached to each sector. It coordinates the transmission of public statistics to international organizations and third-country authorities. The application procedures for the preceding paragraph are specified by regulatory means.

TITLE III ON THE NATIONAL STATISTICAL SYSTEM CHAPTER I On the Missions and Components of the National Statistical System Article 41. - The National Statistical System aims to provide public administrations, companies, non-governmental organizations, media, researchers, development partners, the public, and any other user with reliable and up-to-date statistical information relating to economic, financial, cultural, social, demographic, and environmental domains as well as natural resources. A Regional Statistical System exercising a similar mission at the level of each region of Madagascar will be established by regulatory decree issued after opinion of the National Council of Statistics. Article 42. - The institutional components of the National Statistical System are:

• the National Council of Statistics (CNS);
• the National Institute of Statistics (INSTAT);
• other statistical authorities;
• national institutions for training statisticians. The operating procedures of the National Statistical System and notably the functional relationships between statistical authorities are specified by regulatory means.