Privacy Notice

This privacy notice aims to provide you with information on what personal data we collect about you, what we do with that information and why we do it, who we share it with, and how we protect your privacy.

The Government Statistics Office holds and processes personal data in accordance with the Gibraltar General Data Protection Regulation (Gibraltar GDPR) and the Data Protection Act 2004. The information you provide on the Census questionnaire is protected by the provisions of the Census Act 1951 and the Data Protection Act 2004.

It is important that you read this privacy notice so that you are fully aware of why and how we are using your personal data.

This privacy notice was last updated on 25th October 2022 and is created for the purposes of the 2022 Census of Gibraltar. It is a live document and will be kept under review and updated as required, until the completion of the exercise.

1. Why and how we use your information

The taking of a Census is governed by the provisions of the Census Act 1951 which allows HM Government of Gibraltar, by order from time to time, to take a Census for Gibraltar. This usually occurs every 10 years. The details of the 2022 Census are provided in the Census Act (2022 Census) Order 2022 and Census Act (2022 Census) Regulations 2022.

In accordance with the Census Act 1951 and the Census Act (2022 Census) Order 2022 taking part in the Census is compulsory. Persons who refuse to give information or wilfully give false information could be liable, on conviction, to a fine. Some questions are labelled as being voluntary,it is not an offence if you do not answer these.

We collect information from your questionnaire under our statutory objective to promote and safeguard the production of official statistics that serve the public good. The personal data you provide on your Census questionnaire will only ever be used for statistical purposes. No personal details will be released nor will people be identified within the statistics published.

The Census takes place usually every 10 years and is carried out by the Government Statistics Office under the instruction of the Census Commissioner. It is the largest and most complex statistical exercise in Gibraltar and aims to provide a complete picture of the population, rather than a sample or cross-section of the population.

Your answers to the Census questions provides important information on the entire population, enabling Government and other organisations to make data driven decisions.The statistics obtained from the Census helps Government allocate funds, decide future policy and plan important services in areas such as:

1. Healthcare
2. Housing
3. Employment
4. Transport

2. What information will be collected in the Census questionnaire

In order to comply with our legal obligations under the Census Act 1951, the personal data to be collected within the Census questionnaire is set out in the Census Act (2022 Census) Order 2022 as follows:

(a) For all persons (except visitors):

1. Name.
2. Relationship to the Householder.
3. Date of birth.
4. Sex.
5. Legal marital or registered civil partnership status.
6. Sex of persons in legal marriage or registered civil partnership.
7. Nationality.
8. Country of birth.

(b) For persons not born in Gibraltar (except visitors):

9. Month and year of most recent arrival to live in Gibraltar.
10. Intended length of stay in Gibraltar.

(c) For all persons (except visitors):

11. Religion.
12. Main Language.

(d) For persons whose first language in not English (except visitors):

13. English language fluency.

(e) For all persons (except visitors):

14. General health.
15. Long-term health condition and disability.
16. Limiting long-term health and disability.
17. Provision of unpaid care.
18. Whether stay at another address for more than 30 days a year.

(f) For persons aged 16 or over (except visitors):

19. Sexual orientation (Voluntary).
20. Gender identification (Voluntary).
21. Qualifications.
22. Whether in paid employment.

(g) For persons not in paid employment (except visitors):

23. Whether retired, studying, looking after home, long-term sick, unemployed or other.

(h) For retired persons (except visitors):

24. Last occupation.
25. Year of retirement from that occupation.

(i) For unemployed persons (except visitors):

26. Length of time since last employment.
27. Whether actively looking for any kind of paid work.

(j) For persons in paid employment (except visitors):

28. Employment Status.
29. Name of employer and address of workplace.
30. Occupation.
31. Job title.
32. Whether full-time or part-time.
33. Whether work from home.
34. Mode of travel to work.
35. Whether belong to an occupational pension scheme.
36. Planned age of retirement.

(k) For the Householders:

37. Persons usually living in the household (exclude visitors).
38. Number of persons usually living in the household (exclude visitors).
39. Names of persons usually living in the household (exclude visitors).
40. Visitor profile (applicable to a visitor and excludes persons usually living in the household).
41. Number of visitors (applicable to a visitor and excludes persons usually living in the household).
42. Type of accommodation.
43. Number of bedrooms available for use by the household.
44. Tenure of accommodation.
45. Whether rented accommodation is pre-war or post-war.
46. Number of cars or vans owned, or hired for use by the household.
47. Number of motorcycles owned, or hired for use by the household.
48. Number of garages and/or parking spaces owned, or rented, by the household.

Two questions have been introduced in the 2022 Census questionnaire which are clearly marked as voluntary and only for those who are aged 16 and over. These voluntary questions relate to sexual orientation and gender identity. Data on these questions will only be collected should individuals decide to answer it. It is not an offence if you do not answer these.

A number of questions will not require a response from the under 16 age group, therefore reducing the amount of personal data collected about children. Based on their date of birth, those who complete online will be routed past these questions. Those who complete a paper questionnaire will be guided on the responses they are required to complete by following the instructions within the questionnaire.

The information to be collected in the Census questionnaire is deemed to serve the public good, providing important information on the entire population. Respondents are required to include their full names including any middle names is useful for the completeness of the exercise, to ensure persons are only counted once and used to direct any queries to the right person if there is a need to check for missing information.Names are not accessible to anyone requesting Census data.

3. Who can access the information?

In accordance with the Census Act (2022 Census) Regulations 2022, everyone working with Census information must sign an undertaking before a Justice of the Peace that they will protect the privacy of information. It is a criminal offence to disclose personal Census data under the provisions of the Census Act 1951.

Personal Census data includes any information about you from which you can be identified such as your name, address and/or date of birth.

The Government Statistics Office is responsible for the information collected from the Census questionnaires, and keeps the information secure and confidential at all times. The information collected is protected by strict legal confidentiality provisions of the Census Act 1951 and the Data Protection Act 2004. It is a criminal offence to disclose personal Census data.

Census data is not shared with any third parties that are not under our instruction. Even so, any personal data will be anonymised and aggregated, so no individual will be identifiable. Statistics will be published in a manner that protects the identification of any particular person, as required by the law. Names and addresses are retained purely for Census purposes and are removed from the data used for tabulation - they are not accessible to anyone requesting Census data.

After the completion of the Census, the information gathered from the Census questionnaires is transferred to the Government Archivist who keeps the Census records secure for 100 years, before they are made available to the public.

Records from 1921 are now available, and can be found on the Gibraltar National Archives website https://www.nationalarchives.gi/Default.aspx.

4. How do we secure your information?

Data security carries the highest priority for the Census and is vital to public confidence in the integrity of the Census.

All persons working with the Census sign an undertaking in accordance with the Census Act (2022 Census) Regulations 2022, to protect the privacy of information. The information you provide on the Census questionnaires is protected by strict legal confidentiality provisions of the Census Act 1951 and the Data Protection Act 2004. All information given is treated in the STRICTEST CONFIDENCE.

All the personal data held by the Government Statistics Office is kept secure and confidential. We understand that the information contains personal data relating to individuals, and as such the statistics we publish are anonymised, aggregated and presented in a manner that protects the identification of any particular person, whether directly or indirectly.

Once the information provided in the Census questionnaires has been processed, Census data will only be available to the Census Team. Personal data is not kept for longer than is deemed necessary.

Statistics will be published in a manner that protects the identification of any particular person, as required by the law. Names and addresses are retained purely for Census purposes and are removed from the data used for tabulation - they are not accessible to anyone requesting Census data.

Once the results of the Census are published and the exercise has concluded, the information obtained from the Census questionnaires is transferred to the Government Archivist, who keeps the Census records secure for 100 years before they are made available to the public.

5. Legal basis for processing your personal data

When we process your personal data for Census purposes we are relying on the lawful bases at Articles 6(1)(c) and 6(1)(e) of the Gibraltar GDPR. Namely, processing that is necessary for compliance with a legal obligation and processing that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority that is vested in us as the data controller with responsibility for the Census.

When we process special category personal data we also rely on:

1. Article 9(2)(g) processing that is necessary for reasons of substantial public interest, specifically for statutory and government purposes; and
2. Article 9(2)(j) processing that is necessary for archiving purposes, scientific or historical research purposes or statistical purposes.

6. Your data protection rights

Under data protection law, you have certain rights in relation to your personal data and how we process it. You have the right to ask us to:

• confirm whether we hold any of your personal data and request a copy of the information. The process of asking for access to your personal data is known as a Data Subject Access Request (“DSAR”).
• correct any inaccuracies in your personal data and to modify it in such a way if you believe the personal data we hold is incomplete.
• delete (in as much as is possible in the specific circumstances) any of your personal data, where we are required to do so by law.
• stop processing your personal data, where we are required to do so by law.
• let you have a portable copy of the personal data we hold about you, where we are required to do so by law.
• stop processing any of your personal data that is processed by us on the basis of our legitimate interests.
• withdraw your consent whenever we process your personal data on the basis that you have given us your consent to do so.

Please note that we will not be required to comply with your request if the data are being held for statistical purposes only, such as data from census questionnaires.

If you wish to exercise any of these rights or have any queries about this privacy notice or our privacy practices, please email us on census@gibraltar.gov.gi, or contact us on +350 20052541 and/or 3.22 World Trade Center 6 Bayside Road Gibraltar.

Alternatively, you can contact our Data Protection Officer:

7.3.03 Europort
Europort Road
Gibraltar
GX11 1AA
Email: dpo@gibraltar.gov.gi

7. How to Complain

If you remain dissatisfied with our processing of your personal data, you can make a complaint to the data protection supervisory authority by contacting them on:

Gibraltar Regulatory Authority,
2nd floor, Eurotowers 4,
1 Europort Road,
Gibraltar.
(+350) 20074636
privacy@gra.gi