5489.0 - International Merchandise Trade, Australia: Concepts, Sources and Methods, 2015  
ARCHIVED ISSUE Released at 11:30 AM (CANBERRA TIME) 11/11/2015   
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LEGAL BASIS TO CONFIDENTIALITY

9.2 The vast majority of ABS data are collected under the Census and Statistics Act 1905 (C&S Act). The C&S Act empowers the ABS to direct persons, businesses and other entities to provide the data requested. As such, the ABS has procedures in place to protect the identity of data providers. This enables and maintains public trust in the ABS and high quality national statistics.

9.3 The confidentiality of the data collected is protected by provisions in the C&S Act which prescribe the manner in which statistical information can be disclosed. Section 12 of the C&S Act prohibits publication or dissemination of statistics 'in a manner that is likely to enable the identification of a particular person or organisation'. In relation to international merchandise trade statistics, subsection 12(2) makes provision for the protection of confidential data.

9.4 The Statistics Determination 1983 supports the C&S Act by specifying the particular circumstances under which the disclosure of identifiable statistical information is allowed. One of the exemptions under the Statistics Determination 1983 is listed under Clause 2 which enables the ABS to release (disclose) certain aggregate statistics in a form that may enable the identification of a provider (i.e. a business or organisation), without seeking the approval of that provider.

9.5 Clause 2(1) of the Statistics Determination 1983 made under Section 13(1) of the C&S Act provides that:

    'information in the form of statistics relating to foreign trade, being statistics derived wholly or in part from Customs documents' (Clause 2(2)(b))

    '.......may, with the approval in writing of the Australian Statistician, be disclosed except where -

    (a) in the case of information relating to a person, being an individual - that person;

    (b) in the case of information relating to an official body - the responsible Minister in relation to that official body; or

    (c) in the case of information relating to an organisation other than an official body - a responsible officer of that organisation,

    has shown that such disclosure would be likely to enable the identification of that particular person or organisation'.

9.6 This means that international merchandise trade statistics, unlike most other statistics released by the ABS, are subject to 'passive confidentiality', i.e. statistics are able to be released without explicit regard to confidentiality, unless and until a business or organisation demonstrates that such disclosure would be likely to enable the identification of that business or organisation.

9.7 The Australian Statistician has given approval in writing to release international merchandise trade statistics under Clause 2.