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Return back | LAW OF GEORGIA ON OFFICIAL STATISTICS | |
|---|---|
| Document number | 2995-XIმს-Xმპ |
| Document issuer | Parliament of Georgia |
| Date of issuing | 31/05/2023 |
| Document type | Law of Georgia |
| Source and date of publishing | Website, 13/06/2023 |
| Activating Date | 30/08/2023 |
| Registration code | 300010000.05.001.020884 |
LAW OF GEORGIA
ON OFFICIAL STATISTICS
Chapter I – General Provisions
Article 1 – Purpose and scope of the Law
1. The purpose of this Law is to keep and disseminate independent, impartial and reliable official statistics in Georgia in compliance with the UN Fundamental Principles of Official Statistics and the European Statistics Code of Practice, as well as based on internationally recognised statistical methodology.
2. This Law defines the concept, purpose and basic principles of official statistics, determines the legal grounds for developing and keeping statistics, for storing and disseminating information obtained as a result of the keeping of statistics, and for carrying out censuses, and determines the system and functions of the authorities responsible for keeping official statistics.
3. This Law applies to all resident legal and natural persons of Georgia, and to all non-resident persons staying in the territory of Georgia as provided for by the legislation of Georgia.
Article 2 – Legislation of Georgia in the area of official statistics
The legislation of Georgia in the area of official statistics includes the Constitution of Georgia, the international agreements and treaties of Georgia, this Law and other legislative and subordinate normative acts of Georgia.
Article 3 – Definition of terms
The terms used in this Law have the following meanings:
a) official statistics – the system of statistical activities performed within the scope of the Statistical Activity Programme, and the statistical data kept based on international statistical standards and methodologies, which describe the social, economic, demographic and environmental conditions of Georgia, as well as the official statistics kept by the National Bank of Georgia in accordance with the Organic Law of Georgia on the National Bank of Georgia;
b) National System of Statistics – a group of bodies and statistical units in Georgia keeping official statistics in the country and collecting, processing and disseminating official statistical data;
c) Statistical Activity Programme – an annual and long-term plan approved by the Government of Georgia, which mainly includes information on the list of work to be performed and those responsible for the performance thereof, on the frequency of relevant observation, and the dates of publication of its results;
d) use of data for statistical purposes – exclusive use of data for developing and keeping official statistics, implementing statistical analysis, and rendering statistical services, including all activities regulated by this Law;
e) statistical survey – collecting individual data from a determined group of respondents by the agencies keeping official statistics exclusively for statistical purposes, with the systematic application of statistical methodology;
f) census – a statistical survey that fully covers the population, housing, economic units, buildings and agricultural holdings, and during which, according to certain statistical characteristics, statistics are kept and relevant data are acquired;
g) statistical unit – a unit with statistical characteristics, including a natural person or a legal person;
h) respondent – a statistical unit that provides individual data and other types of data for statistical purposes to an agency keeping official statistics;
i) statistical methodology – a set of theories and methods of collection, processing and analysis of data;
j) development – an activity relating to the creation, improvement and perfection of the statistical methods, concepts, standards and procedures applied in keeping and disseminating official statistics;
k) production – an activity relating to the necessary collection, processing, analysis and storage of data to keep official statistics;
l) dissemination – an action as a result of which statistical data, results of statistical analysis, statistical services, and metadata become available to the user;
m) primary dissemination – dissemination, during which statistical data are made public for the first time;
n) administrative data – data collected for administrative purposes by the administrative body determined by Article 2(1)(a) of the General Administrative Code of Georgia in accordance with the legislation of Georgia (except for the norms provided for by this Law);
o) statistical register – a list of statistical units and their characteristics, including identifiers, which are necessary for keeping statistics;
p) individual data – detailed data on a statistical unit, including personal data in compliance with the Law of Georgia on Personal Data Protection;
q) aggregated data – results obtained from processing individual data (e.g., sum);
r) confidential data – information collected for statistical purposes that allows the identification of a statistical unit;
s) identifier – a set of symbols that allows the unique identification of a statistical unit, including through its name, exact geographic location, or identification number. With an identifier, a direct identification is possible, in particular, a specific statistical unit can be identified based on one identifier, or a combination of identifiers. Identification by any other means shall be considered an indirect identification;
t) metadata – data and other documents which describe statistical data and statistical processes in a standard manner through providing information on the sources of these data, the relevant methods, definitions and classifications, as well as the quality of the data;
u) the GeoStat – the National Statistics Office of Georgia, a Legal Entity under Public Law (LEPL);
v) household – a group of persons who observe the rules of living together in a single housing unit and have a common budget or part thereof, and comprising related and/or unrelated persons. A household may also be a one-person household.
Chapter II – Purpose and Basic Principles of Official Statistics
Article 4 – Purpose of official statistics
The purpose of official statistics shall be to provide timely quality statistical information for the development and monitoring of economic and social policies, of the decisions of public institutions and business entities, for conducting scientific research and informing the public and other categories of users.
Article 5 – Basic principles of official statistics
1. An agency keeping official statistics shall conduct its activities in accordance with international standards and the following basic principles of official statistics:
a) professional independence – an agency keeping official statistics makes decisions on the development, keeping and dissemination of official statistics, including on the selection of sources of data, concepts to be used, methods, definitions and classifications, as well as on all forms and timing for dissemination, and the contents of statistics independently, without political or any other kind of pressure or interference. An agency keeping official statistics shall, within the scope of its competence, be authorised to publicly express its opinion on statistical issues and the improper use of official statistics;
b) impartiality and objectivity – official statistics shall be developed, kept and disseminated in a neutral, reliable and impartial manner, in accordance with professional standards. This process shall be free from any political statement or opinion. All users shall be granted equal and simultaneous access to official statistics;
c) accuracy and reliability – official statistics shall accurately and consistently reflect reality and be based on scientific criteria that are used for the selection of sources of data, methods and procedures;
d) consistency and comparability – statistical data shall be consistent and comparable on the international level according to time, regions and countries;
e) clarity and transparency – official statistics shall be presented clearly and understandably, and the statistical methods and procedures applied shall be transparently provided to users to ensure the correct interpretation of statistical data;
f) statistical confidentiality and use of data exclusively for statistical purposes – personal and/or individual data collected or received by the agency keeping official statistics about a natural or legal person shall be confidential and used for statistical purposes only;
g) compliance – the degree of ensuring compliance with existing and expected needs of users and protecting their right of access to information.
2. Keeping statistics and disseminating information obtained as a result of keeping statistics shall be performed in accordance with international standards and experience.
Chapter III – Structure of the National System of Statistics
Article 6 – National system of statistics
1. The National System of Statistics consists of the following agencies keeping official statistics:
a) the GeoStat - the leading agency of the National System of Statistics;
b) National Bank of Georgia;
c) other agencies keeping official statistics in accordance with the Statistical Activity Programme.
2. The National Bank of Georgia keeps official statistics based on the function provided for by Article 3(3)(h) of the Organic Law of Georgia on the National Bank of Georgia, in accordance with the basic principles of official statistics determined by this Law.
3. The GeoStat and the National Bank of Georgia closely cooperate in matters related to the keeping and disseminating official statistics, within the scope of the powers granted to them by this Law and the Organic Law of Georgia on the National Bank of Georgia.
4. Other agencies keeping official statistics are administrative bodies which develop, keep and disseminate official statistics based on the Statistical Activity Programme, in accordance with the basic principles of official statistics determined by this Law.
5. The criteria for determining other agencies keeping official statistics and the procedure for their recognition shall be approved by the Government of Georgia in accordance with this Law.
6. The list of other agencies keeping official statistics shall be determined by the annual Statistical Activity Programme.
Article 7 – The GeoStat
1. The GeoStat is a Legal Entity under Public Law established under the legislation of Georgia established for the purpose of developing and keeping statistics and disseminating statistical information, and which carries out its activities independently.
2. The GeoStat is the main agency keeping official statistics in Georgia. It coordinates the National System of Statistics and all types of statistical activities relating to the development, keeping and dissemination of official statistics, except for the activities of the National Bank of Georgia.
Article 8 – Authority of the GeoStat
1. The GeoStat shall be authorised to:
a) design a common policy in the area of official statistics and ensure coordinated work with other agencies keeping official statistics;
b) design the Statistical Activity Programme;
c) coordinate the performance of the Statistical Activity Programme;
d) conduct statistical surveys;
e) collect, process and store data, taking into account the best professional practices, including in compliance with scientific principles and professional ethics;
f) carry out the censuses determined by Chapter VIII of this Law;
g) determine the terms, methodology, classifications and nomenclatures of official statistics, to the extent possible, in accordance with international concepts and classifications;
h) create, keep and update various statistical registers;
i) develop criteria for determining other agencies keeping official statistics and the procedure for the recognition thereof;
j) promote dialogue on the need for statistics between the agencies keeping official statistics and users for the development, monitoring and evaluation of national, regional and local policies;
k) introduce and protect quality management concepts in the National System of Statistics, except for the National Bank of Georgia;
l) promote the correct interpretation of statistical data;
m) promote the perception of the role and importance of statistics among the public;
n) provide equal access to official statistics for all users;
o) present the National System of Statistics when discussing current or future issues of official statistics at the international level;
p) prepare an annual progress report of the GeoStat;
q) promote professional training of employees of the GeoStat and other agencies keeping official statistics;
r) establish territorial agencies of the GeoStat and determine their scope of activities;
s) prepare, within its competence, an administrative offence report and present it to the court;
t) perform other activities determined by this Law and the GeoStat statutes.
2. The GeoStat shall have the right to keep statistics, outside the scope of the Statistical Activity Programme, based on a relevant agreement.
3. The GeoStat may not perform any activity that contravenes the basic principles of official statistics determined by Article 5 of this Law and the goals and priorities set forth by the State.
4. The specific powers of the GeoStat shall be determined by the GeoStat statutes as approved by the Government of Georgia upon the recommendation of the Executive Director of the GeoStat.
Article 9 – Sources of financing the GeoStat
The GeoStat is financed from:
a) the State Budget of Georgia, annually, under the Law of Georgia on the State Budget of Georgia for the relevant year;
b) income gained from statistical services rendered;
c) grants awarded by grant providers (donors) determined by Article 3 of the Law of Georgia on Grants;
d) other sources permitted by the legislation of Georgia.
Article 10 – Executive Director of the GeoStat
1. The GeoStat is run by the Executive Director. The Executive Director shall be appointed for a term of four years by the Prime Minister of Georgia with the consent of the Parliament of Georgia, in accordance with this article and the procedure established by the Rules of Procedure of the Parliament of Georgia.
2. Candidates for the position of Executive Director shall be selected by the independent competition commission established by an ordinance of the Government of Georgia based on a publicly announced open competition.
3. The composition of the independent competition commission, the procedure for conducting the open competition, and mandatory qualification requirements for candidates for the position of Executive Director, shall be determined by an ordinance of the Government of Georgia.
4. The Prime Minister of Georgia shall present for approval 2 candidates selected as a result of the open competition to the Parliament of Georgia for appointment to the position of Executive Director.
5. The Executive Director may not be a member of a political party or carry out any other political activities during his/her term of office.
6. The same person may not be appointed to the position of Executive Director more than twice.
7. The Executive Director shall simultaneously be the Chairperson of the Board of the GeoStat and the GeoStat Advisory Board.
8. The Executive Director shall have one or more deputies. In the absence of the Executive Director, the Deputy Executive Director shall act on his/her behalf on the basis of a relevant legal act. The number of Deputy Executive Directors shall be determined by the GeoStat statutes.
9. The Deputy Executive Director shall be appointed and may be dismissed by the Executive Director in accordance with the procedure established by the legislation of Georgia.
10. The Law of Georgia on the Fight against Corruption shall apply to the Executive Director.
11. The authority of the Executive Director may be terminated:
a) on the basis of a letter of resignation;
b) if his/her citizenship of Georgia is terminated;
c) if he/she is declared by a court as missing or of limited legal capacity, or dead or a beneficiary of support, unless otherwise determined under the court decision;
d) if a court’s judgement of conviction against him/her enters into force;
e) if he/she violates the requirements of the Law of Georgia on the Fight against Corruption;
f) if the term of office of the Executive Director expires;
g) if he/she dies.
12. In the case determined by paragraph 11 of this article, the Executive Director shall be dismissed by the Prime Minister of Georgia by a relevant legal act.
13. The termination of the authority of the Executive Director shall automatically result in the termination of his/her authority as a member of the Board of the GeoStat and a member of the GeoStat Advisory Board.
14. Upon the occurrence of the event provided for by paragraph 12 of this article, before appointing a new Executive Director, the duties of the Executive Director, of the Chairperson of the Board of the GeoStat and the Chairperson of the GeoStat Advisory Board shall be performed by a Deputy Executive Director, by a decision of the Prime Minister of Georgia.
Article 11 – Functions of the Executive Director of the GeoStat
1. The Executive Director of the GeoStat shall have the following functions:
a) to manage the GeoStat;
b) to develop the Statistical Activity Programme, achieve agreement with the Board of the GeoStat after the discussion of the Programme, and submit it to the Government of Georgia for approval;
c) to develop a programme for the census of the population and a programme for the agricultural census and submit them for approval to the Government Commission for Coordinating the Census;
d) to develop a programme for an economic census and submit it to the Government of Georgia for approval;
e) to design and approve the statistical standards, methodologies and classifications to be applied in the process of keeping official statistics, as well as recognise the relevant international standards, methodologies and classifications;
f) to develop and approve methodologies for various types of census;
g) to appoint and dismiss a member of the GeoStat Advisory Board;
h) to prepare the staff list and a draft payroll budget of the GeoStat and submit them to the Board of GeoStat for review and approval;
i) to appoint and dismiss GeoStat employees;
j) to prepare a draft GeoStat budget;
k) to submit the criteria for determining other agencies keeping official statistics and the procedure for their recognition established by the GeoStat to the Board of the GeoStat for review, and submit them for approval to the Government of Georgia;
l) to submit for review and approval an annual progress report of the GeoStat to the Board of the GeoStat;
m) to submit an annual progress report of the GeoStat to the Parliament and the Government of Georgia not later than 1st May of each year;
n) to ensure the publicity of the annual progress report of the GeoStat;
o) to develop the procedure and conditions for the delivery of printed statistical publications by the GeoStat and submit them for approval to the Board of the GeoStat;
p) to develop the procedure for determining the type of services and fees for additional processing of statistical data by the GeoStat outside the scope of the Statistical Activity Programme, and submit it for approval to the Board of the GeoStat;
q) to perform other functions determined by the GeoStat statutes and the legislation of Georgia.
2. The annual progress report of the GeoStat shall include information:
a) on the statistical activities carried out during the previous year;
b) on the progress of the Statistical Activity Programme during the previous year;
c) on the performance of the GeoStat budget during the previous year.
3. To ensure the efficient functioning of the GeoStat, and taking into account the recommendations of the Board of the GeoStat, the Executive Director shall have the right to invite foreign or local experts on the basis of appropriate agreements.
4. The Executive Director may delegate certain functions determined by the GeoStat statutes, except for the functions determined by this article, to authorised persons designated by him/her.
5. The Executive Director shall have the right to issue a normative act (an order) within his/her competence in accordance with this Law and the Organic Law of Georgia on Normative Acts.
Article 12 – Other agencies keeping official statistics
1. Other agencies keeping official statistics are professionally independent entities regarding issues of the development, keeping and dissemination of official statistics within their competence.
2. Other agencies keeping official statistics shall carry out their activities on the basis of international statistical standards and methodologies and/or equivalent standards and methodologies as approved by the Executive Director of the GeoStat.
3. Other agencies keeping official statistics, as well as state bodies and legal persons, which contribute to the development and implementation of the Statistical Activity Programme, shall be obliged to:
a) provide the GeoStat with all types of information, documents and records required to ensure the exercise of the powers provided for by Article 8 of this Law, unless otherwise provided for by the legislation of Georgia;
b) perform all the duties assigned to them by the Statistical Activity Programme.
4. The imposition of a corresponding fee for the GeoStat in return for the performance of their duties shall not be allowed to the entities provided for by this article.
5. Other agencies keeping official statistics may not be assigned the performance of such duties that contravene the basic principles of official statistics determined by Article 5 of this Law.
Chapter IV – Board of the GeoStat
Article 13 – Board of the GeoStat
1. The Board of the GeoStat (the Board) functions at the GeoStat.
2. The Board is a body established to promote the strategic development of official statistics and the professional independence of the agencies keeping official statistics.
3. The Board shall comprise 9 members. One of them shall be the Executive Director of the GeoStat, who shall simultaneously be the Chairperson of the Board.
4. Out of nine members of the Board, one member shall be a representative of the National Bank of Georgia, one member a representative of the Ministry of Finance of Georgia, and one member a representative of the Ministry of Economy and Sustainable Development of Georgia.
5. The other five members of the Board shall not be public servants.
Article 14 – Selection and appointment of the Board members
1. The candidates for members of the Board determined by Article 13(4) of this Law shall be submitted for approval by the heads of appropriate agencies to the Prime Minister of Georgia.
2. A member of the Board as provided for by Article 13(5) of this Law shall be appointed by the Prime Minister of Georgia from among the persons selected through an open competition, with the consent of the Parliament of Georgia, as provided for by this article and the Rules of Procedure of the Parliament of Georgia.
3. The open competition for selecting those members of the Board who are not public servants shall be announced by the GeoStat, and the candidates for membership of the Board shall be selected by the independent competition commission set up in accordance with Article 10(2) of this Law.
4. The mandatory qualification requirements for Board membership shall be determined by the Board statutes.
5. The Prime Minister of Georgia shall nominate to the Parliament of Georgia at least eight candidates for five vacant positions from among the persons selected by open competition; if there are less than five vacant positions, the number of the candidates presented by the Prime Minister of Georgia to the Parliament of Georgia shall exceed at least by one the total number of vacant positions.
6. The Parliament of Georgia shall give consent to the Prime Minister of Georgia to appoint the members of the Board in accordance with the procedure established by the Rules of Procedure of the Parliament of Georgia.
7. After the Parliament of Georgia has given its consent to the Prime Minister of Georgia, the member of the Board shall be appointed by the Prime Minister of Georgia.
8. The term of office of the Executive Director as a member of the Board shall be determined by his/her term of office on the position of the Executive Director.
9. After the expiration of the term of office of the Executive Director, the same person may become a member of the Board as provided for by this Chapter.
10. The term of office of the member of the Board determined by Article 13(4) of this Law shall be the term of office at the relevant position in public service.
11. The term of office of the member of the Board provided for by Article 13(5) of this Law shall be four years.
12. After the expiration of the term of office of the member of the Board, the same person may participate in the open competition for the selection of the member of the Board.
Article 15 – Functions of the Board
1. The Board shall have the following functions:
a) to submit to the GeoStat appropriate recommendations related to statistical activities;
b) to review the Statistical Activity Programme submitted by the Executive Director of the GeoStat and to prepare appropriate recommendations;
c) to review periodically the progress of the Statistical Activity Programme;
d) to review and approve the annual progress report of the GeoStat presented by the Executive Director of the GeoStat;
e) to review the criteria for determining other agencies keeping official statistics and the procedure for their recognition developed by the GeoStat, and prepare relevant recommendations;
f) to make appropriate recommendations regarding the census programme;
g) to review and approve the staff list and the payroll budget of the GeoStat;
h) to review the draft GeoStat budget and prepare appropriate recommendations;
i) to approve the type of service of additional processing of statistical data outside the scope of the Statistical Activity Programme by the GeoStat presented by the Executive Director of the GeoStat, and the procedure for determining the fee for such service;
j) to approve the procedure and conditions for the delivery of printed statistical publications by the GeoStat submitted by the Executive Director of the GeoStat;
k) to prepare and approve the Board statutes. The said statutes determine the operational and decision-making procedures of the Board;
l) to approve the procedure for providing access to confidential data for scientific and research purposes;
m) to carry out other activities determined by this Law and the Board statutes.
2. Within its competence, the Board shall have the right to adopt a normative act (resolution) in accordance with this Law and the Organic Law of Georgia on Normative Acts.
3. Information on the composition, powers and activities of the Board shall be public.
Article 16 – Grounds for termination of the authority of members of the Board
1. The authority of a member of the Board may be terminated:
a) on the basis of a letter of resignation;
b) if he/she is declared by court as missing or of limited legal capacity, dead or a beneficiary of support unless otherwise determined under the court decision;
c) if a court's judgement of conviction against him/her enters into force;
d) if he/she dies.
2. In addition to the grounds specified in paragraph 1 of this article, the authority of a member of the Board may also be terminated on the following grounds:
a) in the case of termination of the authority of a member of the Board as determined by Article 13(4) of this Law:
a.a) violation of the requirements of the Law of Georgia on the Fight against Corruption;
a.b) termination of activities in a relevant position in public service;
b) in the case of termination of the authority of a member of the Board determined by Article 13(5) of this Law;
b.a.) expiration of the term of office of a member of the Board;
b.b) failure to perform duties of a member of the Board for two months without a valid reason;
b.c) assumption of office in public service.
3. The authority of a member of the Board shall be terminated by an order of the Prime Minister of Georgia.
Chapter V – The GeoStat Advisory Board and Further Consultative Body
Article 17 – The GeoStat Advisory Board and its Functions
1. The GeoStat Advisory Board is a consultative body of the GeoStat. Its members shall be appointed for the term of office of the Executive Director of the GeoStat and may be dismissed by the Executive Director.
2. In the event of the premature termination of the term of office of the Executive Director of the GeoStat, a member of the GeoStat Advisory Board shall fulfil his/her duties before the appointment of a new Executive Director.
3. The GeoStat Advisory Board shall comprise at least nine members. One of them shall be the Executive Director of the GeoStat, who shall simultaneously be the Chairperson of the Advisory Board.
4. The mandatory qualification requirements for membership of the GeoStat Advisory Board and the operational and decision-making procedures of the Advisory Board, shall be determined by the statutes of the GeoStat Advisory Board, which shall be approved by the Executive Director of the GeoStat.
5. The GeoStat Advisory Board shall have the following functions:
a) to provide consultations to the GeoStat regarding statistical activities and to submit recommendations;
b) to perform scientific analysis of the statistical standards and statistical methodologies to be used in statistical activities and to prepare recommendations for the Executive Director of the GeoStat;
c) to review modern methods of statistical activities, provide consultations and submit proposals to the Executive Director of the GeoStat regarding the improvement of statistical methodologies;
d) to carry out other activities as determined by this Law and the statutes of the GeoStat Advisory Board.
6. The decisions of the GeoStat Advisory Board shall be recommendatory.
7. Information on the composition, powers and activities of the GeoStat Advisory Board shall be public.
Article 18 – Further consultative body
1. To support strategic and methodological activities in the area of official statistics, the Executive Director of the GeoStat shall be authorised to establish a further consultative body. Its members shall be selected within or outside the National System of Statistics.
2. Information on the composition, powers and operation of the further consultative body shall be public.
Chapter V – Coordination of the National System of Statistics and Statistical Activities and the Statistical Activity Programme
Article 19 – Coordination of the National System of Statistics and statistical activities
1. An agency keeping official statistics shall, where possible, use uniform, internationally agreed concepts, definitions, methods and classifications. The GeoStat shall contribute to the establishment of uniform approaches in the National System of Statistics.
2. The GeoStat shall be responsible for the coordination of the National System of Statistics and statistical activities. The above coordination applies to all types of statistical activities carried out for the development, keeping and distribution of official statistics in Georgia, except for the activities of the National Bank of Georgia.
3. The GeoStat shall be responsible for the development of the Statistical Activity Programme and the coordination of relevant reporting, quality monitoring, methodologies, data transmission and communication regarding the activities carried out in the National System of Statistics throughout the country.
4. Responsibilities of the GeoStat as a coordinating body shall apply to the agency keeping official statistics responsible for the development, keeping and dissemination of official statistics according to the Statistical Activity Programme, except for the National Bank of Georgia.
Article 20 – Statistical Activity Programme
1. The Statistical Activity Programme is a primary tool for effective strategic and operational management and coordination of the activities carried out in the National System of Statistics.
2. The GeoStat shall be responsible for the development of the Statistical Activity Programme, in active cooperation with users, respondents and suppliers of administrative data. Other agencies keeping official statistics shall participate in this process and provide the GeoStat with the necessary information.
3. The GeoStat, on the basis of relevant transparent and documented processes, shall include other agencies keeping official statistics, their activities, and the expected results of these activities in the draft Statistical Activity Programme in accordance with the following criteria:
a) agencies keeping official statistics shall demonstrate their readiness and ability to comply with the provisions of Articles 1 and 5 of this Law and with the basic principles of official statistics;
b) an activity planned by an agency keeping official statistics and its results shall not duplicate an activity of another agency keeping official statistics and its results.
4. The GeoStat shall be responsible for preparing a report on the progress of the Statistical Activity Programme in close cooperation with other agencies keeping official statistics. This report shall be submitted for review and approval to the Board.
Article 21 – Multi-year Statistical Activity Programme
1. Within the framework of the National System of Statistics, a multi-year Statistical Activity Programme shall be developed for the strategic development of official statistics in Georgia and for meeting the existing and expected demands of users.
2. The multi-year Statistical Activity Programme shall determine the concept and priority directions for the development of the National System of Statistics for the next four or more years, as well as the measures and resources required to achieve its primary goals.
Article 22 – Annual Statistical Activity Programme
1. The Annual Statistical Activity Programme is a primary tool by which the GeoStat and/or other agencies keeping official statistics keep official statistics to provide the information required by users.
2. An annual Statistical Activity Programme shall be developed for each calendar year, to update the list of agencies keeping official statistics and to provide the corresponding legal bases:
a) for all official statistics to be published;
b) for all statistical surveys to be conducted by the agencies keeping official statistics;
c) for all cases of the provision of administrative data or the transfer of data from other sources to the agencies keeping official statistics;
d) for all existing statistical registers and for those to be established;
e) for the development and introduction of statistical standards and methodologies, new statistical surveys and relevant indicators.
3. When developing the Statistical Activity Programme, the GeoStat shall cooperate with other agencies keeping official statistics.
Article 23 – Approval of the Statistical Activity Programme
1. After being reviewed by the Board, the Statistical Activity Programme shall be submitted for approval to the Government of Georgia not later than a month before the beginning of the reporting period.
2. When approving the Statistical Activity Programme, the principle of professional independence of the agency keeping official statistics shall not be jeopardized.
3. To carry out the Statistical Activity Programme, an agency keeping official statistics shall be allocated appropriate human, financial and technical resources.
Chapter VII – Data Collection
Article 24 – Authority to collect data
1. An agency keeping official statistics shall be authorised to select sources of data based on professional opinion and to collect the necessary data directly from a respondent, if the relevant data is not available in the National System of Statistics and it is impossible to obtain them from the existing database/register (for example, from administrative bodies outside the scope of the National System of Statistics).
2. Unless otherwise provided for by the legislation of Georgia, the GeoStat shall be authorised to request and receive all statistical data and other information necessary for the performance of its functions from the administrative body, and natural and legal persons, including confidential information and/or information containing personal data in accordance with the procedure established by the Law of Georgia on Personal Data Protection.
3. Data collection shall be planned by taking into account the quality of that data, the costs of their acquisition and the burden on respondents.
4. Regardless of the methods of data collection and the sources of data, the data received by an agency keeping official statistics for the purpose of keeping official statistics shall be processed, stored and disseminated in accordance with the provisions of this Law.
Article 25 – Rights and obligations of respondents
1. Respondents shall be provided with information on the purposes and scope of the statistical survey, the applicable measures to ensure confidentiality of data and the rights and obligations of respondents.
2. Unless otherwise provided for by the legislation of Georgia, a person registered in the Registry of Entrepreneurial and Non-entrepreneurial (Non-commercial) Legal Entities (Business Entity) shall be obliged, in the case of a written request from the GeoStat (including in electronic form), to submit to the GeoStat all the information it holds, including confidential information, in the form determined by the GeoStat, in a tangible or electronic form.
3. Participation in the statistical survey shall be mandatory for the selected respondent.
4. A respondent shall be obliged to provide reliable and complete data to the agency keeping official statistics in the form and manner established by that agency.
5. In the case of failure to submit the information necessary to ensure the progress of the Statistical Activity Programme approved by the Government of Georgia, a person registered in the Registry of Entrepreneurial and Non-entrepreneurial (Non-commercial) Legal Entities (Business Entity) shall be subject to liability in accordance with the procedure established by the Administrative Offences Code of Georgia.
6. The time limit for submitting the information provided for by paragraph 2 of this article to the GeoStat shall be determined by the GeoStat taking into account the frequency of the statistical survey. The time limit shall not be less than 7 calendar days from the date an addressee is served/accepts a written request (including in electronic form).
7. Serving a written request to an addressee shall be confirmed by an appropriate document. If an addressee refuses to accept the letter, it shall be considered accepted.
8. An electronic message sent to the e-mail address of a person registered in the Registry of Entrepreneurial and Non-entrepreneurial (Non-Commercial) Legal Entities (Business Entity) shall be considered officially served on that person.
9. Imposing an administrative liability on a person shall not release that person from the obligation to submit information.
10. An agency keeping official statistics shall have the right to contact the respondent additionally if he/she fails to provide data within the established time limit, or if inconsistencies and/or errors are detected in the data.
Article 26 – Availability of administrative data
1. Unless otherwise provided for by the legislation of Georgia, the administrative body shall, upon the request of the GeoStat, be obliged to present to the latter under the legislation of Georgia the information it holds on natural persons and legal entities under private law, including confidential information and/or information containing personal data in accordance with the procedure established by the Law of Georgia on Personal Data Protection.
2. If the provider of administrative data plans to collect new administrative data or a substantial revision of the methods of collection or processing of administrative data which may affect the data to be provided for the purposes of official statistics, before making the relevant decision, that provider shall consult with the GeoStat and, if necessary, with other agencies that keep official statistics as well.
Article 27 – Statistical register
1. The GeoStat shall establish and maintain a statistical register for statistical purposes only:
a) to provide relevant information to statistical databases when conducting statistical surveys;
b) as a means of rendering information, when performing statistical analysis of statistical units and their trends;
c) as a means of disseminating statistical information.
2. The statistical register shall be established based on the data of statistical surveys and sources of administrative data.
3. Upon the request of a natural or legal person, the GeoStat shall issue information on the data about that person available in the statistical register
Chapter VIII – Censuses
Article 28 – Purpose of censuses
1. According to this Law, the GeoStat shall be authorised to conduct censuses to obtain data on the number, size, and structure of the population, housing, economic units, buildings, and agricultural holdings.
2. Censuses shall be conducted to determine the priorities of the social and economic development of the country and to obtain the data necessary for informing the general public.
3. The types of the census are a census of population, an agricultural census, and an economic census.
4. Census data may be acquired from the registration done on the basis of full coverage, from the statistical survey, the sources of administrative data and other sources, as well as from the combination thereof.
5. This Law shall fully apply to all stages censuses.
Article 29 – Obligations of respondents
1. Participation censuses shall be mandatory for all legal and natural persons, including the citizens of Georgia, foreign persons staying in the territory of Georgia, and persons having the status of stateless person in Georgia (except for the persons provided for by paragraph 3 of this article).
2. During a census, a respondent shall be obliged to provide the GeoStat with the trustworthy data it holds.
3. A citizen of a foreign country and a member of his/her household enjoying diplomatic immunity, as well as a military serviceman of a foreign country and a member of his/her household, shall not be subject censuses.
Article 30 – Basic principles censuses
The following are the basic principles censuses:
a) the universality of census taking;
b) to conduct a census of population and an agricultural census at least every ten years;
c) to conduct an economic census at a time determined by the Government of Georgia;
d) to conduct censuses according to a uniform methodology and procedure across the territory of Georgia simultaneously, except where:
d.a) communication is complicated in some mountainous population areas of Georgia, which are difficult to reach, and where a census may be conducted during a specific period of time, according to the local conditions in that population area;
d.b) it is impossible to conduct a census in a certain territory for reasons that are beyond the control of the GeoStat.
Article 31 – Date of censuses, census programme and bodies responsible for conducting censuses
1. The date of a census shall be determined for a specific census, by a decision of the Government of Georgia, upon the recommendation of the Executive Director of the GeoStat not later than three years before the estimated date of that census.
2. To decide promptly issues related to the preparation and conduct of a census, and to ensure the coordinated work of the executive authorities of Georgia, the Government Commission for Coordinating the Census (’the Commission’) shall be established on the basis of an ordinance of the Government of Georgia, upon the recommendation of the Executive Director.
3. A census shall be conducted according to the census programme, which shall be designed by the Executive Director of the GeoStat and submitted for approval to the Commission.
4. The census programme shall include information on methodical and organisational issues of conducting the census, on the relevant budget, the list of necessary activities, the terms for their performance, and the performers of these activities.
5. The Commission shall review the census methodology and questionnaires submitted by the Executive Director of the GeoStat and shall prepare relevant recommendations.
6. The Chairperson of the Commission shall be the Prime Minister of Georgia or a member of the Government of Georgia appointed by the Prime Minister of Georgia as Chairperson of the Commission.
7. The activities of the Commission and the procedure for their implementation shall be determined by the internal regulations of the Commission, which shall be approved by the Government of Georgia.
8. The Commission shall complete its work six months after the publication of the final results of a census.
9. The GeoStat shall be responsible for preparing and conducting a census, processing the material obtained through a census, and publishing and disseminating the results.
10. The preliminary results of a census shall be published within the period determined by the census programme, and the final results of a census shall be published not later than 18 months after the date of conducting the census.
11. The census data held in hard copy shall be stored until the full publication of the census results, and information held in an electronic form shall be stored for an indefinite period of time.
Article 32 – Economic census
1. Article 31 of this Law shall not apply to an economic census.
2. The place and time of an economic census shall be determined by an ordinance of the Government of Georgia upon the recommendation of the Executive Director of the GeoStat.
3. An economic census shall be conducted according to the economic census programme, which shall be designed by the Executive Director of the GeoStat and submitted for approval to the Government of Georgia.
Article 33 – Responsibilities of other state bodies
Within their competence, other state bodies shall be responsible for the organisation, preparation and implementation of measures that support censuses.
Chapter IX – Confidentiality of Data
Article 34 – Protection of confidentiality of data
1. The data collected, processed and stored for the purpose of keeping official statistics shall be confidential if it allows direct or indirect identification of a statistical unit. In addition, aggregated data are considered confidential if:
a) the data refer to not more than three statistical units and these data can be used to indirectly identify one of them, and/or confidential data on that unit/those units are being disclosed. Aggregated data on more than three statistical units can be considered confidential data by a decision of the Executive Director of the GeoStat if ensuring the protection of the confidentiality of those data is necessary;
b) the data are considered state secrets by the Law of Georgia on State Secrets.
2. Confidential data may be used exclusively for keeping statistics in accordance with this Law.
3. Statistical data on the administrative body cannot be considered confidential information, except for the information determined by the Law of Georgia on State Secrets.
4. Individual data obtained from a publicly available source, which is considered public information under the legislation of Georgia, shall not be considered confidential information.
5. Individual confidential data can be published if there is written consent from the statistical unit to publish the data.
6. The disclosure, dissemination or use of confidential data for non-statistical purposes shall not be permitted.
Article 35 – Secure processing and storage of data
1. An agency keeping official statistics shall ensure the protection of individual data and confidential aggregated data against unauthorised persons.
2. Data protection shall be ensured in accordance with legal acts, as well as by appropriate organisational and technical means.
3. Individual data received/collected to keep official statistics, which contain identifiers, shall be processed and stored until the expiry of the term of their use for statistical purposes unless otherwise provided for by the legislation of Georgia.
4. Primary forms of collecting data containing identifiers shall be destroyed after the expiry of the term of their use for statistical purposes, and moreover paper forms must be destroyed within three months after the publication of the statistical data.
Article 36 – Availability of individual data from the National System of Statistics
1. An agency keeping official statistics shall not issue individual data, except for the cases provided for by paragraphs 2 and 3 of this article and Article 37 of this Law, which concerns the public documents and the availability of individual data for scientific and research purposes.
2. An agency keeping official statistics shall be authorised to keep statistics and disseminate individual data only if the identifier has been removed from these data and the natural/legal person cannot be directly or indirectly identified, except for the cases provided for by this Law. All reasonable measures should be taken to avoid indirect identification.
3. Other agencies keeping official statistics shall transfer individual data, including identifiers, to the GeoStat, in accordance with the procedure established by the Law of Georgia on Personal Data Protection.
4. The GeoStat shall be authorised to transfer individual data on the statistical unit to other agencies keeping official statistics provided that the following conditions are met:
a) data shall be used only for keeping official statistics;
b) data shall not allow the identification of a person.
5. The data provided for by this article shall be transferred based on a relevant document and the terms of their transfer shall be determined by a written agreement.
6. Information on the transfer of the data shall be public.
Article 37 – Availability of confidential data for scientific and research purposes
1. An agency keeping official statistics may, based on a relevant request, provide the availability of its individual data for scientific and research purposes in accordance with the procedure established by the legislation of Georgia.
2. The data issued for scientific and research purposes shall not contain an identifier, it shall contain only the data required for scientific and research purposes. In addition, personal data shall be processed in accordance with the procedure established by the Law of Georgia on Personal Data Protection.
3. Before issuing individual data protected by the principle of statistical confidentiality, GeoStat shall make sure that the party receiving the data has the necessary technical and organisational infrastructure to ensure the protection of their confidentiality in accordance with the legislation of Georgia.
4. In the case of granting the relevant authority, all persons participating in the processing of individual data during the implementation of the scientific and research project shall sign an agreement, according to which each of them shall be obliged:
a) to not try to identify a natural/legal person in any way (including by comparing these data with other individual data);
b) to not disclose individual data to a third party (person), other than the parties to the agreement, and/or not to use these data for a purpose other than the purpose referred to in the relevant request;
c) to not disclose the aggregated data obtained from individual data, which can be used to indirectly identify a statistical unit;
d) to indicate the relevant sources in all published statistical products;
e) to destroy individual data upon completion of a scientific and research project.
5. To compensate for the additional costs incurred for the preparation and transmission of data, an agency keeping official statistics shall be authorised to determine an appropriate service fee. The amount shall be determined by the agreement between the parties.
6. A list of data transmissions shall be available upon request.
7. The Board shall approve the procedure for providing access to the confidential data for scientific and research purposes provided for by this article for agencies keeping official statistics, except for the National Bank of Georgia.
Article 38 – Obligation to protect the confidentiality of data
1. Agencies keeping official statistics shall take all regulatory, administrative, technical and organisational measures to protect the confidentiality of data and prevent their disclosure.
2. Employees of agencies keeping official statistics, to whom individual data are directly available during the performance of their official functions, as well as persons outside the scope of the National System of Statistics participating in the process of a census, shall be obliged to protect the confidentiality of the above data during the period of work, as well as after the termination of work.
3. Persons under the category referred to in paragraph 2 of this article shall not have the right to use individual data for purposes other than statistical.
4. Persons under the category referred to in paragraph 2 of this article shall sign a data confidentiality agreement as soon as they are recruited.
5. Employees of agencies keeping official statistics shall be prohibited from using and distributing confidential statistical data collected and processed for statistical purposes for personal, academic, scientific or other activities.
Article 39 – Violation of the provisions of the Law (including the principle of statistical confidentiality)
1. Violation of the provisions of this Law by an employee of an agency keeping official statistics shall result in the imposition of liability on that employee as established by the relevant legislation.
2. Violation of the provisions of Article 38 of this Law by a person shall result in the imposition of liability as established by the legislation of Georgia.
Article 40 – Third party (subcontractor)
1. Agencies keeping official statistics shall be authorised to transfer individual processes for keeping statistics to third parties, if the principle of statistical confidentiality is fully respected.
2. The third party shall have the right to use and store the relevant data only for the activities referred to in the relevant agreement, and for the period specified therein.
Chapter X – Quality of Official Statistics
Article 41 – Obligation of quality assurance of official statistics
1. An agency keeping official statistics shall assume an obligation to continuously evaluate and improve the quality of official statistics in accordance with Article 5 of this Law.
2. To ensure the quality of official statistics, official statistics shall be developed, kept and disseminated in accordance with the relevant general standards, the degree of coverage, concepts, definitions, statistical units and harmonised methods of classification.
3. An agency keeping official statistics shall be authorised to edit data, aggregate data from different sources and do calculations only to improve the quality of statistical information.
4. An agency keeping official statistics shall document the sources and methods used in the process of its production, as well as corresponding results, in a standard manner.
5. A user shall be informed on the sources and methods used in the process of keeping official statistics, as well as on the quality of statistical products, through metadata.
Article 42 – Assessment of the quality of official statistics
1. Consultations between agencies keeping official statistics and users concerning the quality of official statistics shall be held on a regular basis.
2. To improve the quality of the data, an agency keeping official statistics shall have constant communication with a respondent.
3. To assess and improve statistical methodology, an agency keeping official statistics shall cooperate with the scientific and research community and international organisations.
4. Assessment of the institutional environment of the National System of Statistics, and of relevant processes and results, may be carried out by internal and external experts.
Chapter XI – Dissemination of Data
Article 43 – Publication of statistical data
1. Official statistics shall be disseminated in a timely manner, promptly and in full compliance with the principles determined by Articles 5 and 44 of this Law and this article, in particular, by ensuring the principle of statistical confidentiality and equal and simultaneous access as required by the principle of impartiality.
2. An agency keeping official statistics shall establish and publish a calendar for the dissemination of data that specifies the planned date and time for disseminating data.
3. In the case of violation of the calendar prepared in advance for the publication of data, the public should be informed thereof before the planned date of their publication. In addition, a new date for the publication of data should be determined and announced.
4. Statistical data along with the relevant metadata and definitions shall be available to all users free of charge.
5. Errors found in published statistical data shall be corrected and corrections shall be published and communicated to users within the shortest period of time possible.
6. A user shall have the right to use official statistics and the relevant metadata in his/her statistical product provided he/she specifies the source of data.
7. The GeoStat, within the framework of the Statistical Activity Programme, shall provide delivery of statistical data in electronic form to all users free of charge.
8. The procedure and conditions for the delivery of printed statistical publications by the GeoStat shall be approved by the Board of the GeoStat.
Article 44 – Policy for disseminating statistical data and other information
1. The GeoStat shall determine policy for disseminating data which shall be based upon transparent procedures.
2. When disseminating preliminary statistical data that shall be revised later, it shall be clearly indicated that these data are preliminary.
3. Information on the main changes caused by any revision of methods shall be made public in advance.
Chapter XII – Statistical Services
Article 45 – Rendering services by additional processing of statistical data
1. Based on the request of a user, an agency keeping official statistics shall be authorised to provide services by the additional processing of statistical data outside the scope of the Statistical Activity Programme.
2. Services provided by the additional processing of statistical data shall not jeopardize the keeping of official statistics and its quality, or the reliability of the National System of Statistics.
3. A user must reimburse the cost of services provided by the agency keeping official statistics for processing statistical data unless otherwise provided for by the legislation of Georgia.
4. Upon the recommendation of the Executive Director of the GeoStat, the Board shall approve the procedure for determining the type of services and the fee for the additional processing of statistical data by the GeoStat outside the scope of the Statistical Activity Programme.
5. The results of services provided by the additional processing of statistical data shall not be considered official statistics.
6. Compliance with the provisions of Chapter IX (Confidentiality of Data) and Chapter X (Quality of Official Statistics) of this Law shall be mandatory in all cases.
Article 46 – Rendering services by collecting additional statistical data
1. Based on the request of a client, an agency keeping official statistics shall be authorised to collect additional statistical data outside the scope of the Statistical Activity Programme.
2. Services provided by collecting additional statistical data shall not jeopardize the keeping of official statistics or the quality thereof, or the reliability of the National System of Statistics.
3. The conditions and cost of providing the services under this article shall be determined by the relevant agreement. A client shall reimburse the cost of services provided by collecting additional statistical data.
4. A list of services provided by collecting additional statistical data shall be included in the annual progress report of the GeoStat.
5. The results of services provided by collecting additional statistical data shall not be considered official statistics.
6. It shall be impermissible to declare it mandatory for respondents, or any part thereof, to conduct statistical surveys for the provision of services by collecting additional statistical data.
7. Compliance with the provisions of Chapter VII (Data Collection), Chapter IX (Confidentiality of Data) and Chapter X (Quality of Official Statistics) of this Law shall be mandatory in all cases.
Article 47 – Income received from statistical services
The income received from statistical services provided by the GeoStat in accordance with Articles 45 and 46 of this Law shall be used to ensure the implementation of the activities of the GeoStat.
Chapter XIII – Cooperation with International Organisations
Article 48 – Cooperation with international organisations
1. The GeoStat and other agencies keeping official statistics shall, within their competence, actively participate in international processes and events (activities) to develop and implement statistical standards and recommendations, as well as improve the quality of official statistics and expand the scope thereof.
2. In relations with international organisations, the GeoStat shall represent Georgia within its competence.
Chapter XIV – Transitional and Final Provisions
Article 49 – Subordinate normative acts to be adopted/issued in connection with the entry into force of the Law
1. Not later than the 30th day after the entry into force of this Law, the Government of Georgia shall approve the Statute of the Legal Entity under Public Law called the National Statistics Office of Georgia.
2. Not later than the 90th day after the entry into force of this Law:
a) the Government of Georgia shall approve the criteria for determining other agencies keeping official statistics and the procedure for their recognition;
b) the Board of the Legal Entity under Public Law called the National Statistics Office of Georgia shall approve:
b.a) the procedure for providing access to confidential data for scientific and research purposes;
b.b) the procedure for determining the types of services and fees for the additional processing of statistical data by the GeoStat outside the scope of the Statistical Activity Programme;
b.c) the procedure and conditions for the delivery of printed statistical publications by the GeoStat.
3. The subordinate normative act adopted/issued on the basis of the Law of Georgia No 2291- რს of 11 December 2009 on Official Statistics (Legislative Herald of Georgia, No 45, 21.12.2009, Art. 320) shall be valid until the adoption/issuance of the relevant normative act provided for by that Law, except where it or any part thereof contravene this Law.
4. The Executive Director of the Legal Entity under Public Law called the National Statistics Office of Georgia/a member of the Board of the GeoStat/a member of the GeoStat Advisory Board shall retain the relevant authority for the term he/she had been appointed to the position before the adoption of this Law.
Article 50 – Repealed normative act
Upon entry of this Law into force, the Law of Georgia of 11 December 2009 on Official Statistics (Legislative Herald of Georgia, No 45, 21.12.2009, Art. 320) shall be repealed.
Article 51 – Entry into force of the Law
This Law shall enter into force on 30 August 2023.
President of Georgia Salome Zourabichvili
Tbilisi,
31 May 2023
No 2995-XI მს -X მპ
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