SpainPublic Statistics Law Articles 13 and 15(3), Statistical Confidentiality in Spain
Ley 12/1989, de 9 de mayo, de la Función Estadística Pública, artículos 13 y 15.3
In force since .
A de-identification rule binding government bodies.
- Audit expectation
- none
What it requires
- If you are a statistical service of the Spanish state, do not disseminate in any case the confidential data you hold, which are data that allow statistical units to be identified directly or indirectly, whatever their origin, under Ley 12/1989 Article 13(2) and (3).
- When deciding whether a statistical unit is identifiable, take into account all the means a third party could reasonably use to identify it, under Ley 12/1989 Article 13(2).
- If you are a statistical service of the Spanish state, give a research, study or analysis institution access only to confidential data that permit just the indirect identification of statistical units, for statistical analysis with scientific purposes of public interest, only to the data strictly necessary for the applicant's aims, and never to researchers acting in a personal capacity, under Ley 12/1989 Article 15(3).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The provisions state no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Article 13(2) of Ley 12/1989 treats as confidential the data that allow statistical units to be identified directly or indirectly, and so to disclose information about individuals. To decide whether a unit is identifiable, all the means a third party could reasonably use to identify it must be taken into account. Under Article 13(3) the statistical services may in no case disseminate confidential data, whatever their origin.
Article 15(3) lets the statistical services give research institutions access to confidential data that permit only the indirect identification of units, for statistical analysis with scientific purposes of public interest, provided confidentiality is respected. Under Article 15(3), the statistical services give no access to researchers acting in a personal capacity.
When LexLint raises it
When your app profile says your app processes personal data or processes de-identified data.
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