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2.17.        According to the Fundamental Principles of Official Statistics of the United Nations, individual data collected by statistical agencies for statistical compilation are to be strictly confidential and used exclusively for statistical purposes.[351] Statistical confidentiality is a key element in producing reliable statistics, as it is important to gain the trust of the data providers. Thus, legal provisions should be established to ensure confidentiality and the proper use of data and to prevent the dissemination of identifiable enterprise-specific information.

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Box 2.2 Legal act on confidentiality: example of the European Union

Member states of the European Union must comply with regulation No. 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics, which contains provisions on data confidentiality. Article 20 states, in particular, that confidential data obtained exclusively for the production of European statistics shall be used by the national statistics institutes and other national authorities and by the Commission (Eurostat) exclusively for statistical purposes unless the statistical unit has unambiguously given its consent to the use for any other purposes (article 20, point 2), and that statistical results which may make it possible to identify a statistical unit may be disseminated by the national statistics institutes and other national authorities and the Commission (Eurostat) in the following exceptional cases: (a) where specific conditions and modalities are determined by an act of the European Parliament and of the Council acting in accordance with article 251 of the Treaty and the statistical results are amended in such a way that their dissemination does not prejudice statistical confidentiality whenever the statistical unit has so requested; or (b) where the statistical unit has unambiguously agreed to the disclosure of data. (article 20, points 3 and 3(a))

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[1] See Economic and Social Council resolution 2013/21. In addition, the General Assembly adopted resolution 68/261 (without a vote), thereby endorsing  the Fundamental Principles of Official Statistics, as adopted by the Statistical Commission in 1994 and reaffirmed in 2013, and endorsed by the Economic and Social Council in its resolution 2013/21.