§ 17 Provision of Confidential Statistical Data

 
(1) Authorities carrying out the State Statistical Service

a) may provide each other with confidential statistical data if the data are needed for the purposes of the State Statistical Service, in a way protecting data confidentiality; in this way they may also provide each other with confidential statistical data for the production of European Community statistics⁶.

b) may, if necessary for performing their duties of producing statistical information, transmit confidential statistical data to another person who is contracted to ensure their processing for statistical purposes,

c) may transmit a confidential statistical datum abroad if necessary for the Czech Republic to honour an international treaty or agreement and if the receiving party guarantees the protection of the datum at least at the level guaranteed in the Czech Republic,

d) provide a confidential statistical datum to a court of law if necessary for ruling on the breach of secrecy laid down by this Act,

e) provide confidential statistical data for the purposes of the production of European Community statistics in compliance with the European Community law^6a,

f)  transmit confidential statistical data for the purposes of scientific research, on grounds of an agreement stipulating the conditions of confidential statistical data protection and the exact way of using the data in compliance with the European Community law^6b, to legal persons whose fundamental mission is scientific research; the data are provided in a form not allowing Direct Identification of the statistical unit concerned,

g)  transmit individual data to the Czech National Bank for statistical purposes if necessary for the Czech Republic or for the Czech National Bank to honour international treaties and agreements.
 
(2)  In exceptional circumstances, institutions performing the State Statistical Service may publish, provide or use a confidential statistical datum for other than statistical purposes if provided for by a special Act⁷ or if the data subject gives consent. If this datum applies to a legal person, this consent must be signed by the statutory authority. This consent must be in writing and must be clear about what individual datum is addressed, how and by whom it may be used. The data subject may withdraw the consent any time, but the withdrawal has no retroac­tive effect.

(3) If it is not possible to acquire data from more than one data subject within a set of Reporting Units determined by the methodology of the statistical survey, authorities carrying out the State Statistical Service may publish or provide data relating to this solitary case unless the data subject is identifiable within the circum­stances.

(4) Activities of persons mentioned in § 17 of this Act engaged in the processing of confidential statistical data on natural persons for statistical purposes are governed by a special Act^2a, with the exception of § 5(1)(c).

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^2a Act No 101/2000 Sb. on personal data protection and on amendments to some other Acts, as amended by Act No 227/2000 Sb.
⁶ Article 14 of Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics.
^6a Council Regulation (EC) No 322/97 of 17 February 1997 on Community Statistics and Council Regulation (Euratom, EEC) No 1588/90 of 11 June 1990 on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities.
^6b Commission Regulation (EC) No 831/2002 of 17 May 2002 implementing Council Regulation (EC) No 322/97 on Community Statistics, concerning access to confidential data for scientific purposes.
⁷ E.g., Act No 20/1966 Sb. on public health care, as amended.
Act No 285/2002 Sb. on donation, drafts and transplantation of tissues and organs and on amendments to some other Acts (the Transplant Act), as amended by Act No 228/2005 Sb.

• § 18 Provision of Statistical Information and Anonymous Data