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Article
1
This Law stipulates the collection of statistical data of general interest and their publication, usage and protection (hereinafter: statistical surveys).
Article 2
Statistical surveys are envisaged to collect the statistical data and information on the status of certain areas of social life, the status and migrations of population, economic, social and other phenomena, required to follow and trace the economic, scientific, technological, demographic, regional, environmental, cultural, educational and social development, the development of agriculture and non-urban areas, urban and spatial planning, mass media, information exchange and international comparisons concerning these phenomena and trends.
Article 3
The Statistical Office of the Republic of Serbia organizes and conducts statistical surveys (hereinafter: Office).
Certain statistical surveys are organized and executed within the scope of charges of the following ministries and institutions: the Ministry of Defense, the Ministry of the Interior, the Ministry of Justice, the Republic Labor Market Office, the Public Revenues Administration of RS, the Republic Hydro-meteorological Office, the Republic Geodetic Office, the National Bank of Serbia, the Payment traffic and financial supervision service, the Republic Fund for Pension and Invalidity Insurance, the Republic Office for Health Insurance and the Health Care Institute of Serbia (hereinafter: government authorities and organizations).
Article 4
Statistical surveys are envisaged by five-year program passed by the National Assembly of the Republic of Serbia, in a way as provided hereby.
Article 5
The statistical data compiled in statistical surveys are publicized and public accessible, except the data that present state, military, official or business secret.
The collection, processing and usage of individual statistical data are protected in a way determined hereby.
Article 6
Enterprises, institutions, government authorities and other bodies or other legal entities (hereinafter: reporting units) and physical persons are obliged to provide to the Office or a person appointed by the Office, timely and free of charge, the complete and exact data on phenomena that are, pursuant to this law, defined as the subject of statistical surveys and also to ensure closer inspection of the data provided.
II. ORGANIZATION AND EXECUTION OF STATISTICAL SURVEYS
Article 7
Statistical surveys include: the definition of methodological and organizational grounds of surveys, the registration, collection, checkup, processing and publishing of statistical data and statistical analysis.
Article 8
Uniform methodology and unified statistical standards (terms, definitions, codes, nomenclatures and classifications), as stipulated by legal regulations in international documents are applied in the statistical surveys.
Government authorities and appointed republic bodies and organizations, in preparing the legislation to underpin the initiation and keeping of records and registers that may serve as data sources for statistical surveys, have to request the Office’s attitude on the methodological grounds of these records and registers.
The Office is obliged to render its opinion within 30 days after the receipt of the request as stated in Paragraph 2 hereof.
Article 9
The Office determines the uniform methodology of statistical surveys.
The bodies and organizations that organize and conduct statistical surveys determine the methodology of these individual statistical surveys in accordance with the provisions hereof, upon the obtained attitude of the Office.
The Office defines the unified statistical standards.
The Act that stipulates the statistical standard as in Paragraph 3 hereof is published in “Official Gazette of the Republic of Serbia”.
Article 10
The Office carries out the activities as provided in Article 3 hereof at the head office and its regional organization units.
The Office executes certain tasks of collecting or checking-up the collected data within statistical surveys also through external associates appointed in written for the subject purpose.
Prior to making appointments as in Paragraph 2 hereof, the person to be appointed is requested to sign the statement that the data obtained in executing the determined tasks will be kept as official secret.
The Office keeps the records of the (appointed) persons as mentioned in Paragraph 2 hereof.
Article 11
The Office organizes the training for the persons as stated in Article 10, Paragraph 2 of this Law and supplies the methodological guidelines and other instructions for the implementation of the envisaged tasks.
Article 12
The forms for the data collection in statistical surveys are normally supplied with the full title and code of the survey and the regulation on the basis of which it is implemented.
The forms for the data collection in statistical surveys that are not established in a way stipulated hereby must be clearly marked with a note that the responding is voluntary, i.e. not compulsory.
Article 13
The Office and the authorized republic bodies and organizations are independent in the implementation of statistical surveys.
Article 14
The income that the Office gains through practicing its activities and rendering services for payment belongs to the budget of the Republic of Serbia and may be used to promote and improve statistical surveys and upgrade the Office’s operations.
III. PROGRAM OF STATISTICAL SURVEYS
Article 15
Statistical surveys are envisaged by five-year programs of statistical surveys that are passed by the National Assembly on the proposal of the Government (hereinafter: Government).
The Office in cooperation with the authorized republic bodies and organizations prepares the draft of the program as mentioned in Paragraph 1 hereof, taking into account social demands and capacities to conduct statistical surveys.
Article 16
In the cases of urgent demands to monitor the status and developments of certain social and economic facts and trends, the Government may envisage, on the proposal of the Office, statistical surveys of lower volume and number of respondents, provided that the preliminary works and the implementation of such surveys do not take more than three months.
Special law stipulates the censuses of population, agricultural holdings and other large-volume statistical surveys.
Article 17
Five-year programs of statistical surveys feature: survey title, code, brief description, timing, the provisions on the categories obliged to supply the required data and deadlines, the obligations of the Office and authorized republic bodies and organizations in regard to the survey in question, the specified level of social organization that is covered by the survey (municipalities, districts, towns / cities, autonomous provinces, Republic) and the deadline for making the preliminary results public.
Article 18
Reporting units and statistical data users submit the requests for the amendments and supplements to statistical surveys’ programs to the republic authorities and organizations in charge and to the Office, before 31 March of the current year.
The Office in cooperation with the republic authorities and organizations takes the received requests into consideration and submits to the Government the proposal for the amendments and supplements to five-year programs of statistical surveys.
Along with the proposal as described in Paragraph 2 hereof, the Office also attaches the list of the requests for amendments and supplements to statistical surveys that were not adopted, with the respective legal preambles.
Article 19
A special resolution is passed for any statistical survey that is envisaged as a new statistical survey by the program as in Article 15 hereof or by the resolution defined in Article 16 hereof and this resolution precisely determines the elements of the subject survey.
The Office, i.e. the authorized republic bodies and organizations, passes the resolution as determined in Paragraph 1 of this Article.
The resolution as stated in Paragraph 2 of this Article is published in “Official Gazette of the Republic of Serbia”.
Article 20
Every year before 31 March, the Office, in cooperation with the republic authorities and organizations, submits to the National Assembly and the Government the report on the implementation of the statistical surveys’ program in the previous year.
IV. STATISTICAL SURVEYS DATA PUBLISHING AND USAGE
Article 21
The Office, i.e. the authorized republic bodies and organizations as defined in Article 3, Paragraph 2 hereof, publishes the results of statistical surveys.
Authorities and organizations as in Paragraph 1 hereof are responsible for the correct end exact data of the respective statistical surveys, for their timely publishing and accessibility, as well as for adequate measures of data protection.
Article 22
The Office and the authorized republic bodies and organizations are obliged to cooperate and share the available data and information in order to create, develop and maintain multipurpose databases, registers, aggregate statistical data banks and other common interests that will support the unified statistical systems and provide the data for Serbian users, enable information exchange and international comparisons.
The obligations of individual agents with charges as stated in Paragraph 1 of this Article are defined when required in more details by the program of statistical surveys as provided by Article 15 hereof.
Article 23
The Office and the authorized republic bodies and organizations are obliged to keep the records and catalogues of the data and information that they register, collect, process and publish.
The authorized republic bodies and organizations are obliged to provide the Office as agreed with the data and information of their own catalogues in order to facilitate the creation of the catalogues of data and information for the statistical information system of Serbia.
Article 24
The Office and the authorized republic bodies and organizations are obliged to harmonize and adjust the plans and publishing of the respective statistical data and information, by applying the standards for data and information publication.
Article 25
The Office and the authorized republic bodies and organizations may put at disposal of users also the unpublished data that were obtained by statistical surveys, provided that these data are not secret pursuant to Article 5 hereof. The handling and disposal of these data is stipulated by the general act of the Office, i.e. the authorized republic body or organization.
Article 26
In the case the user requests that the statistical survey data as defined in Article 25 hereof are provided in a way other than as determined by the program of processing and publishing, the Office, i.e. the authorized republic body or organization, has the right to ask for the refunds of the costs incurred by rendering the subject services.
V. CONFIDENTIALITY AND PROTECTION OF STATISTICAL DATA
Article 27
For the purpose of this Law, official secret is meant to be the data of statistical surveys collected from individuals, which concern their individual, family and property issues.
The Office, i.e. the authorized republic body or organization, ensures the protection of data as defined in Paragraph 1 of this Article.
When the reporting units as in Article 6 hereof determine that the data that are the subject of statistical survey present a secret, they are obliged to advise directly the person in charge of data collection on the matter, or to give a written notice when submitting the statistical report with the subject data.
The Office, i.e. the authorized republic body or organization may determine that, apart from the data as defined by Article 5 hereof, official secrets are also other statistical data relative to certain enterprises and other legal entities and publishing of such data may cause negative consequences for these organizations.
The statistical data as stated in Paragraph 1, 3 and 4 of this Article that are pronounced secrets may not be published or forwarded as individual data.
Article 28
The Office and the authorized republic bodies and organizations determine by their acts the measures and procedures to secure and protect the statistical information system and the information systems of the authorized republic bodies and organizations, specially the measures and procedures relative to: development phases (design, installation, operations), functional phases and process (registration, collection, checkup, editing, processing, storage, presentation and transfer of data), system elements (hardware, data carriers, software support, communication networks, operating agents) and work conditions (premises, etc.)
Government acts define in more details certain issues arising from Paragraph 1 of this Article.
VI. PENALTY PROVISIONS
Article 29
In case of legal breach, the fine amounting to DIN 1 000 000 will be rendered for:
1. Enterprise, institution, cooperative and associations thereof or other legal entities if for the purpose of statistical surveys do not provide statistical authority and authorized republic bodies with the requested data in due course, or if provide incomplete i.e. incorrect data, or if do not allow the checkup of the data provided (Article 6).
2. Enterprise, institution, political party, society, association or other legal entities if do not clearly mark the forms for data collection in statistical surveys that are not envisaged by the program of statistical surveys (Article 15) with the notice that the responding is voluntary (Article 12).
For the breach as in Paragraph 1 of this Article, a person in charge in the reporting unit, i.e. in enterprise, institution, organization or other legal entity, will be punished by a fine of DIN 50 000.
A person in charge in a government authority or other body will be also fined as stated in Paragraph 2 of this Article if fails to determine by respective act the measures and procedures for securing and protection of information system (Article 28).
Article 30
Physical persons will be punished by a fine of DIN 50 000 if for the purpose of statistical surveys do not provide statistical authority with the requested data in due course, or if provide incorrect i.e. incomplete data, or if do not allow the checkup of the data provided (Article 6).
VII. FINAL PROVISIONS
Article 31
For the statistical surveys implemented before this Law comes into force, no special resolutions as provided by Article 19 hereof will be issued.
Article 32
The Office takes over the cases, archive, equipment, buildings, operating means and other resources of the Province Statistical Offices and the Office of Statistics and Informatics of Belgrade, the Statistics department.
Article 33
The Office takes over the required staff from the Province Statistical Offices and the Office of Statistics and Informatics of Belgrade, the Statistics department.
The staff members of the Province Statistical Offices and the Office of Statistics and Informatics of Belgrade, the Informatics department that are not taken over will practice their rights of unengaged workers with the bodies determined by the respective province authority, i.e. respective authority of the City of Belgrade.
Article 34
With this Law coming into force, the Law on statistical surveys
(“Official Gazette SRS”, no 41/75, 14/86 и 44/89),
the Law on social information system (“Official Gazette
SRS”, no 49/89), the Law on statistical surveys (“Official
Gazette SAPV”, no 18/76) and the Law on statistical
surveys (“Official Gazette SAPK)”, no 14/87) are made
void.
Article 35
This Law comes into force on the eighth day after the publication in the “Official Gazette of the Republic of Serbia”.
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