2004/452/EC:Commission Decision of 29 April 2004 laying down a list of bodies whose researchers may access confidential data for scientific purposes (notified under document number C(2004) 1664) (Text with EEA relevance)
Date: 2004-04-29
Institutions: European Commission
Subjects: EU statistics, European Central Bank, confidentiality, innovation, scientific profession, statistical method, vocational training

30.4.2004              EN                       Official Journal of the European Union                                         L 156/1 

COMMISSION DECISION 

of 29 April 2004 

laying down a list of bodies whose researchers may access confidential data for scientific 
purposes 

(notified under document number C(2004) 1664) 

(Text with EEA relevance)  

(2004/452/EC) 

THE COMMISSION OF THE EUROPEAN COMMUNITIES, 

Having regard to the Treaty establishing the European Community, 

Having  regard  to  Council  Regulation  (EC)  N°322/97  of  17  February  1997  on  Community 
statistics1, and in particular Article 20(1) thereof, 

Whereas: 

(1) 

Commission  Regulation  (EC)  No  831/2002  of  17  May  2002  implementing  Council 
Regulation  (EC)  No  322/97  on  Community  Statistics,  concerning  access  to 
confidential  data  for  scientific  purposes2  aims  at  establishing,  for  the  purpose  of 
enabling  statistical  conclusions  to  be  drawn  for  scientific  purposes,  the  conditions 
under which access to confidential data transmitted to the Community authority may 
be  granted  and  the  rules  of  cooperation  between  the  Community  and  national 
authorities in order to facilitate such access. 

(2) 

Four  important  sources  are  particularly  referred  to,  which  are  the  following:  the 
European Community Household Panel (ECHP); the Labour Force Survey (LFS); the 

1 OJ L 52, 22.2.1997,p. 1. 
2 OJ L 133, 18.5.2002,p. 7. 

 
 
 
 
                                                 
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Community  Innovation  Survey  (CIS);  the  continuing  vocational  training  survey 
(CVTS). 

(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

Access to confidential data may be granted by the Community authority to researchers 
of  universities  and  other  higher  education  organisations  established  by  Community 
law or by the law of a Member State or of organisations or institutions for scientific 
research established under Community law or under the law of a Member State. 

Additionally  and  according  to  Article  3(1)(c)  of  this  Regulation,  access  may  also  be 
granted  to  researchers  of  other  agencies,  organisations  and  institutions  after  having 
received the opinion of the Committee on statistical confidentiality, in accordance with 
the procedure laid down in Article 20(2) of Regulation (EC) No 322/97. 

It is therefore necessary to establish a list of such bodies further to an evaluation that 
takes into account a number of conditions such as the primary purpose of the body, the 
internal  organisational  arrangements  for  research,  the  safeguards  in  place  or  the 
arrangements for dissemination of results of research. 

An  established  record  or  reputation  of  the  body  of  producing  quality  research  and 
making  it  publicly  available  is  a  consideration  in  favour  of  granting  access.  A 
secondary  consideration  is  whether  the  body  is  well-established  and  well-recognised 
as  an  authoritative  body  in  its  particular  sphere,  perhaps  with  reputable  sponsors, 
partners or shareholders. 

Research  in  the  body  is  to  be  in  a  well-defined  unit  with  no  organisational  or 
management links to policy areas of the body and the research unit should be seen to 
be  a  separate,  self-contained  unit  headed  by  a  senior  manager  with  no  direct 
responsibility for policy or implementation of the body’s purpose. 

Adequate  guarantees  from  the  head  of  the  body  are  also  necessary  covering  various 
aspects  such  as  preventing  the  staff  of  the  research  unit  from  passing  information 
obtained from the data supplied to any staff outside the unit other than summary and 
aggregated  research  results  with  the  permission  of  the  head  of  the  research  unit  or 
ensuring that it would be a major disciplinary offence for any staff of the body to ask 
members of the research unit for any information concerning individual records in the 
dataset provided. 

Physical  security  of  the  premises  of  the  body  and  its  computer  systems  have  to  be 
outlined;  descriptions  of  the  safekeeping  of  the  data  in  computer  systems  should  be 
given, including details of how authorised access is made and unauthorised access is 
prevented  and  how  the  systems  are  protected  from  unauthorised  access  from  outside 
the  body;  safekeeping  of  documents,  including  paper  documents,  containing 
information from the dataset should also be described 

(10)  The  reason  for  access  being  scientific  purposes,  it  implies  that  results  will  be  made 
freely and quickly available to the scientific community. Use of the datasets for purely 
internal  reports  or  purposes  would  appear  to  be  contrary  to  the  objective  of 
Commission Regulation (EC) No 831/2002. The policy of the body on dissemination 
of  research  from  its  research  unit  has  to  be  an  open  policy  with  publication  in  the 
relevant  scientific  literature  encouraged  and  making  results  from  research  freely 
available on the body’s website or other appropriate website. 

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(11)  The  European  Central  Bank  (ECB)  has  to  be  regarded  as  a  body  fulfilling  the 
conditions  mentioned  above  and  therefore  is  added  to  the  list  of  agencies, 
organisations and institutions referred to in Article 3(1)(c) of Commission Regulation 
(EC) No 831/2002. 

(12)  This  list  will  be  updated  as  more  agencies,  organisations  and  institutions  have  to  be 

regarded as admissible bodies. 

(13) 

It remains that specific access requests submitted by those bodies have subsequently to 
be  processed  according  to  the  rules  and  procedures  laid  down  by  Commission 
Regulation 831/2002. 

(14)  The measures provided for in this Decision are in accordance with the opinion of the 

Committee on Statistical Confidentiality, 

HAS ADOPTED THIS DECISION:  

Article 1 

The list of bodies whose researchers may access confidential data for scientific purposes, as 
referred to in Article 3(1)(c) of Commission Regulation (EC) N°831/2002, is attached in the 
Annex. 

Article 2 

This Decision is addressed to the Member States. 

Done at Brussels, 29 April 2004. 

For the Commission 
Pedro SOLBES MIRA 
Member of the Commission 

 
 
 
30.4.2004              EN                       Official Journal of the European Union                                         L 156/4 

ANNEX: BODIES WHOSE RESEARCHERS MAY ACCESS CONFIDENTIAL DATA 
FOR SCIENTIFIC PURPOSES 

European Central Bank