Statistical Purposes: United States 

and International Policy Framework

Bob Sivinski

FCSM 2023

Any opinions and conclusions expressed herein are those of the author and 

do not reflect the views of the Office of Management and Budget. 1
Tracing “Statistical Purposes”

2

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act

OMB’s Trust 

Regulation 

(NPRM)

1978 2002 2006 2014 2019 2023 
Codification of “Statistical Purposes”

Confidential Information Protection and Statistical Efficiency Act 

(2002)

Section 502 (9) The term ‘‘statistical purpose’’—

(A) means the description, estimation, or analysis of the characteristics of 

groups, without identifying the individuals or organizations that 

comprise such groups; and 

(B) includes the development, implementation, or maintenance of methods, 

technical or administrative procedures, or information resources that 

support the purposes described in subparagraph (A) 3

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation
Codification of ”Nonstatistical Purposes”

Section 502 (5) The term ‘‘nonstatistical purpose’’—

(A) means the use of data in identifiable form for any purpose that is not a 

statistical purpose, including any administrative, regulatory, law 

enforcement, adjudicatory, or other purpose that affects the rights, 

privileges, or benefits of a particular identifiable respondent; and 

(B) includes the disclosure under section 552 of title 5, United States Code 

(popularly known as the Freedom of Information Act) of data that are 

acquired for exclusively statistical purposes under a pledge of 

confidentiality.

4

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation
Non-Statistical Agencies and Uses

Section 512 (a) USE OF STATISTICAL DATA OR INFORMATION.—Data or 

information acquired by an agency under a pledge of confidentiality and for 

exclusively statistical purposes shall be used by officers, employees, or 

agents of the agency exclusively for statistical purposes

Section 512 (c) RULE FOR USE OF DATA OR INFORMATION FOR 

NONSTATISTICAL PURPOSES.—

A statistical agency or unit shall clearly distinguish any data or information it 

collects for nonstatistical purposes (as authorized by law) and provide notice 

to the public, before the data or information is collected, that the data or 

information could be used for nonstatistical purposes. 5

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation
SPD 1: The Trust Directive

Statistical Policy Directive #1: Fundamental Responsibilities of 

Federal Statistical Agencies and Recognized Statistical Units

6

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation

Relevant 

& Timely

Credible 

& Accurate

Objective Confidentiality & 

Exclusive 

Statistical Use

Trust

Four fundamental 

responsibilities
SPD 1: The Trust Directive

Statistical Policy Directive #1: Fundamental Responsibilities of 

Federal Statistical Agencies and Recognized Statistical Units

7

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation

Responsibility 4: Protect the trust of information providers by ensuring the 

confidentiality and exclusive statistical use of their responses.

Federal statistical agencies and recognized statistical units build and sustain trust 

with data providers by maintaining a strong organizational climate that safeguards 

and protects the integrity and confidentiality of the data collected, processed, and 

analyzed to ensure that the information is secure against unauthorized access, 

editing, deletion, or use.
Evidence Act

Foundations for Evidence-Based Policymaking Act (Pub.L. 115–435)

8

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation

A.K.A. CIPSEA 2018 - Evidence Act Title III codified CIPSEA in the U.S. Code. And 

codifies into law the four fundamental responsibilities!

44 U.S.C. 3571: Pledges of confidentiality by agencies provide assurances to the 

public that information about individuals or organizations or provided by 

individuals or organizations for exclusively statistical purposes will be held in 

confidence and will not be used against such individuals or organizations in any 

agency action. 
OMB’s Draft Trust Regulation

Notice of Proposed Rulemaking: Fundamental Responsibilities of 

Recognized Statistical Agencies and Units

9

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation

Preamble: The Commission on Evidence-Based Policymaking emphasized that 

making data available for statistical purposes to advance evidence-building could 

place that data at increased risk of being used for nonstatistical purposes in ways 

that undermine the public's willingness to provide data to the Federal Statistical 

System, and thus recognized the need for “strict structural and institutional 

separation between statistical and nonstatistical uses of data,” noting throughout 

its final report that a strong legal framework is needed to strengthen privacy and 

confidentiality protections for the data.
Structural and Institutional Separation 

10

Statistical Policy 

Handbook 

CIPSEA

(PL 107-347)

OMB’s CIPSEA 

Implementation 

Guidance

OMB’s Statistical 

Policy Directive 

#1

Evidence Act OMB’s Draft 

Trust Regulation

Preventing unauthorized non-statistical use:

• Data governance and access

• Data and cyber security

• Staff – training, reporting

• Decisionmaking and authority

• Agency policies
International Frameworks

11

European Statistics 

Code of Practice

Fundamental Principles 

of Official Statistics

Recommendations on 

Good Statistical 

Practice
Common Themes

12

“The privacy of data providers, the confidentiality of 

the information they provide, its use only for statistical 

purposes and the security of the data are absolutely 

guaranteed.”

“Individual data collected by statistical agencies for 

statistical compilation, whether they refer to natural or 

legal persons, are to be strictly confidential and used 

exclusively for statistical purposes.” 

“Protect the privacy of data providers (including 

individuals, households, enterprises, administrations, 

and all level of government), and guarantee by law the 

confidentiality of the individual information provided 

and its use for statistical purposes only.”
Example LGBTQ Status Question 

Thank You!

13
Congressional Direction: Evidence Act

(a) Responsibilities.—

(1)In general.—Each statistical agency or unit shall—

(A)produce and disseminate relevant and timely statistical 

information;

(B)conduct credible and accurate statistical activities;

(C)conduct objective statistical activities; and

(D)protect the trust of information providers by ensuring 

the confidentiality and exclusive statistical use of their 

responses.

(b) Support From Other Agencies.—The head of each agency shall

enable, support, and facilitate statistical agencies or units in 

carrying out the responsibilities described in subsection (a)(1).