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STATISTICAL INFORMATION SYSTEM DECREE LAW 6296M

Decree-Law no. 62/96/M

of October 14, 1996

(Unofficial translation, for reference only)

Statistical Information System of Macao

In order to enhance the response of provision of statistical information beneficial to the local economic and social development, it is necessary for reform of the operation foundation of the Statistical Information System of Macao (SIEM) after nearly twelve years of establishment.

In addition, in order to observe the basic principles of official statistics recommended internationally, this Decree is set to set out appropriate sanctions which shall embody the principle of technical and purpose coordination, and safeguard the confidentiality and secrecy of statistics. As for the organization of SIEM, the responsibilities and representativeness of the Consultative Committee of Statistics shall be broadened so as to make the operation regulations of the Committee more easily understandable and to simplify the qualifying formalities and procedures for the organizations with authority to perform statistics.

As such, after seeking advice from the Consultative Committee, the Governor, in accordance with Item one of Article 13 under the Organization Statue of Macao, proclaims the following legally binding articles in Macao:

Chapter I

General Rules

Article 1

(Statistical Information System of Macao)

The Statistical Information System of Macao (also known as SIEM) shall ensure to obtain the statistical information conducive to the social and economic development of Macao.

Chapter II

Composition and Principles of SIEM

Article 2

(Organization)

1. The organizations within SIEM shall be:

a. Consultative Committee of Statistics (also known as CCE);

b. Organization of statistics compilation;

c. Statistical organizations with authority;

2. Organizations of statistics compilation shall be:

a. Statistics and Census Service (also known as DSEC);

b. Monetary Authority of Macao (also known as AMCM).

3. DSEC, being the major organization of statistics compilation under SIEM, shall be the entity coordinating all the statistical activities in Macao.

Article 3

(Principles)

SIEM observes the following principles:

a. Technical autonomy;

b. Technical and purpose coordination;

c. Statistical supervision;

d. Statistical confidentiality;

e. Statistical authority;

f. Decentralization.

Article 4

(Technical Autonomy)

1. The technical autonomy is exemplified by the authority granted to the organizations of statistics compilation and organizations with authority under SIEM as follows:

a. With total independence to establish any scientific methods, concepts, definitions and terminology, as well as to establish any statistical information compiled to all users (public or private entities or individuals).

2. The organizations of statistics compilation and the organizations with authority under SIEM shall enjoy technical autonomy when performing their functions.

Article 5

(Technical and Purpose Coordination)

1. Public entities and organizations with functions of public interests shall obtain prior permission from DSEC when issuing questionnaires or other forms of instruments for recording primary information. The qualitative and quantitative statistics obtained from such questionnaires or instruments shall be published in any form thereafter. DSEC shall register the questionnaires or instruments before granting permission.

2. The regulations and procedures for registration of the questionnaires or instruments for recording primary information shall be approved via dispatch by the Governor after consulting the opinion of CCE, and announced in the Official Gazette within 120 days from the day this Decree becomes effective.

Article 6

(Statistical Supervision)

Only the official statistical information, qualitative and quantitative, pertaining to the functions of the public entities or organizations with functions of public interests, referred to in Item 1 of the above Article, shall be released by these entities or organizations with prior permission from DSEC.

Article 7

(Statistical Confidentiality)

1. The purpose of statistical confidentiality is to safeguard citizens' privacy, preserve the competition among participants of economic activities, and secure the trust of information providers in the system of statistics.

2. All statistical information of private individuals gathered by the organizations of statistics compilation is confidential in nature and :

a. The identification of the information provider must not be specifically mentioned in any publication nor supplied to any person or entity. In addition, any evidence in connection with the information must not be released;

b. All employees of the organizations of statistics compilation under SIEM, regardless of the form of connection with the organizations, must keep the information obtained on duty confidential;

c. Must not be the object of ordered or approved examination by any court, organizations or authorities.

3. The regulations of statistical confidentiality shall be approved via dispatch by the Governor after consulting the opinion of CCE, and announced in the Official Gazette within 120 days from the day this Decree becomes effective.

Article 8

(Exceptions)

1. The above article is not applicable under the following circumstances:

a. Disclosure is mandated by law;

b. The written permission clearly indicating disclosure of information has been obtained from the person or entity concerned;

c. The information concerning the natural person or legal person involved in the litigation of statistical violation.

2. Unless otherwise stipulated by law, all the information relating to the public administration is not bound by statistical confidentiality.

Article 9

(Statistical Authority)

1. In order to perform their duties, the organizations of statistics compilation shall request all authorities, organization or institutions, and all natural persons in Macao or all legal persons with activities in Macao to provide necessary information within a specified period.

2. The above does not apply when the information relates to the political and religious belief within the protection of the privacy act, and when the information pertains to the behaviours which the law stipulates otherwise.

Article 10

(Decentralization)

The functions of the organizations of statistics compilation are to record, analyze, compute, organize and disseminate statistical information and shall delegate any of these functions to other public entities via order.

Chapter III

Organization of SIEM

Section 1

Consultative Committee of Statistics

Article 11

(Nature)

CCE is the organization which provides consultation and assistance for the organizations of statistics compilation in guiding and coordinating SIEM.

Article 12

(Composition)

1. CCE, chaired by the Director of DSEC, consists of the following members:

a. One representative from DSEC;

b. One representative from AMCM;

c. Representative from each of the organizations with authority to perform statistics;

d. A maximum of seven representatives from the functional areas of the local administration designated by the Governor via dispatch;

e. A maximum of seven representatives from the associations recommended by the Chairman of CCE and designated by the Governor via dispatch. These associations must be highly regarded and important in the local territory.

2. Based on the recommendation of the Director of DSEC and approval of the Governor via dispatch, the number of members of CCE may be increased to include representatives from private organizations or entities.

3. At the first plenary session after this Decree becomes effective, the Chairman shall, among all the members of CCE, nominate and appoint a Deputy Chairman who shall deputize the Chairman in case of his/her absence or inability to administer the office.

4. The service periods of the members or deputies of CCE shall be two years and may be renewed for the same length of period upon expiry.

Article 13

(Capacity)

The capacity of CCE is defined as follows:

a. To review and discuss the main course of action for production of statistical information;

b. To comment on the plans and procedures laid down by the organizations of statistics compilation;

c. To follow up the activities of SIEM, comment on the draft of the legislation or regulations related to the activities, propose measures beneficial to the improvement of SIEM, and comment on the matters referred by the organizations of the statistics compilation;

d. To suggest or recommend regulations and guidelines for avoiding duplication of statistics in terms of registration, computation and publication, and encourage the use of data from administrative activities for preparation of statistics;

e. To encourage the use of terminology of statistics, common definitions and concepts by organizations of statistics compilation, public and private entities, and make recommendations such that the terminology, definitions and concepts are up to international standard;

f. To monitor the compliance with statistical confidentiality;

g. To propose delegation of authority from organizations of statistics compilation to other public entities, or termination of delegation of authority;

h. To approve internal regulations.