Data and Statistics Bill

Researcher obligations

54 Researcher obligations in relation to data accessed for research

(1)

An individual, public sector agency, or organisation that is authorised to access data under section 48 (and, in the case of a public sector agency or an organisation, each individual within the agency or organisation who has completed a certificate of confidentiality under section 42) must—

(a)

access and use the data only for the research for which access is authorised under section 48(1); and

(b)

comply with any conditions imposed by the Statistician under section 48(2); and

(c)

take all reasonable steps to ensure that any data published or otherwise disclosed is in a form that could not reasonably be expected to identify any individual or organisation; and

(c)

take all reasonable steps to ensure that they do not publish or otherwise disclose data in a form that could reasonably be expected to identify any individual or organisation; and

(d)

publish or otherwise disclose the results of their research and their methodologies.

(2)

Subsection (1)(c) does not apply if

(a)

the individual, or, as the case may be, a competent officer of the organisation has authorised in writing to that publication or other disclosure; or

(b)

the Statistician agrees to the publication or disclosure of data and the publication or disclosure of data is of a type described in section 39(2)(b) to (e).

(2)

Despite subsection (1)(c), the individual, public sector agency, or organisation (as applicable) may publish or otherwise disclose

(a)

data in a form that may identify an individual or organisation if the publication or other disclosure is authorised in writing by the individual or the organisation to which the data relates:

(b)

data of a type described in section 39(2)(b) to (e) if the Statistician authorises the publication or disclosure.

(3)

The publication of results and methodologies under subsection (1)(d) may be in summary form.

(4)

Nothing in subsection (1)(d) requires—

(a)

a public sector agency to disclose data if a request for that data could be refused under section 18 of the Official Information Act 1982 (other than for the reason set out in section 18(d) of that Act); or

(b)

disclosing the data would be contrary to any legislation.