Federal Department of Home Affairs FDHA

Federal Statistical Office FSO

Transnational research access to FSO microdata

Yvonne Möschli Legal service

International Affairs and Director General's Office Federal Statistical Office FSO Espace de l’Europe 2010 Neuchâtel www.bfs.admin.ch

Federal Department of Home Affairs FDHA

Federal Statistical Office FSO

Access to FSO microdata

• Currently we have about

30 requests

every year from researchers from Europe and North America.

• Anonymized personal data can be supplied for research purposes as long as a

data protection and confidentiality agreement/contract has been signed

(Institut – FSO Director General).

• Personal data can only be passed on

for statistical, research and planning purpose (Art. 19 Federal Statistic Act).

• Personal data are supplied for a limited period of time and only for a specific project. This time period cannot exceed

three years

. •

1 Project -> 1 agreement -> several datasets.

• After completion of the project,

all supplied data must be destroyed

. A written confirmation that the data has been destroyed must be sent to the FSO. • If this trust is breached, then

suitable measures

will be taken (e.g. contract penalty, legal action, refusal to transfer any more data for subsequent projects, etc.) 2

Federal Department of Home Affairs FDHA

Federal Statistical Office FSO

Access to FSO microdata - Data protection

•

The researcher (Institut) must provide the same level of data protection and confidentiality as that is used by the FSO (Art. 6 Federal Act on Data Protection).

For personal data requiring level 3 protection (very sensitive personal data – personal life, staet of health etc.), the researcher must provide written proof that such a level of protection is in place. This written proof is attached as a schedule to the data protection and confidentiality agreement.

• In order to ascertain compliance with the FSO level of data protection, the FSO may rely on

the list of states that are considered to have appropriate data protection legislation

published by the Federal Data Protection and Information Commissioner ( www.edoeb.admin.ch

). The list is kept constantly up to date and is not definitive. The fact that a country is not included on the list does not mean that it does not provide an adequate level of protection. •

Head of legal service (FSO) takes final decision.

3

Federal Department of Home Affairs FDHA

Federal Statistical Office FSO

The list of states that are considered to have appropriate data protection legislation

4

The researcher has to fill out an application form :