All data collected during the Census are subject to a very strict protection in accordance with the Population and Housing Census Act and Personal Data Protection Act. Data may be used for statistical purposes only. All persons involved in the data collection and processing are pledged to secrecy about all facts gained during the Census. The duty of secrecy lasts even after the end of the Census.
Personal data protection is an essential factor of the whole Census. It is directly included in Act No. 296/2009 Coll. from July 22, 2009, concerning the Population and Housing Census in 2011; it is also indirectly linked to other respective acts incl. the Penal Law.
Personal data protection is guaranteed during all phases of collection of the Census forms, their processing as well as publication of the results. The main principles of personal data protection include:
- Duty of secrecy of all persons who in connection with carrying out of the Census and processing of its results or under any other circumstances have come into contact with individual data. Duty of secrecy is unlimited in time, lasts even after the end of the respective works.
- The Czech Statistical Office may use individual data gained during the Census for statistical purposes only. Data concerning individuals cannot be published or revealed to anyone.
- Duty of protection of all workplaces where the Census forms will be concentrated, checked and processed. These workplaces are subject to a very strict protection in order to prevent any unauthorized access. All persons coming into contact with individual data will be registered.
- Census forms containing identification data (name, surname, address) shall be shredded within fixed deadlines after the processing.
Personal data protection and security of information systems is assured for the entire period of collection and processing of the Census results. Personal data protection is one of the most important public interests to be protected; for this reason breaching of these obligations is considered an illegal offense and is penalized heavily.
In accordance with Act No. 296/2009 Coll., concerning the Population and Housing Census in 2011, individuals can be fined up to CZK 100 000 for breach of obligations in terms of data security and secrecy.
In accordance with Act No. 101/2000 Coll. concerning Personal Data Protection and amendments of certain acts in the subsequent wording, the Office for Personal Data Protection can in the present field of protection assign a monetary fine of up to CZK 5 000 000 to individuals and a fine of up to CZK 10 000 000 to a self-employed physical entity or to a legal person.
Any illegal act in the area of personal data protection can also fulfil the factum of crime of “Unauthorized disposal of personal data“ in accordance with provision § 180 of Act No. 40/2009 Coll., the Penal Code, in the wording of Act No. 306/2009 Coll.
In accordance with the extent of damages caused, the offender of this crime/offence can be punished in the following ways:
- Imprisonment for one to five years;
- Imprisonment for three to eight years;
- Prohibition of activities;
- Monetary fine.
The principles of assuring data protection and the specific solution methods of their protection will be set by a security project and by safety regulations of the Czech Statistical Office. The basis of these regulations is formed above all by the respective provisions of the Act on the Population and Housing Census in 2011.