The Collection of Statistics Act, 2008
🔹 Objective of the Act
The primary objective is to empower the central and state governments, as well as certain authorized organizations, to collect statistics on various economic, demographic, social, scientific, and environmental aspects.
🔹 Key Features of the Act
1. Applicability (Section 1)
Initially applicable to the whole of India except Jammu and Kashmir.
After the Collection of Statistics (Amendment) Act, 2017, the Act became applicable to Jammu and Kashmir as well (with respect to Union List and Concurrent List subjects post abrogation of Article 370).
2. Authority to Collect Statistics (Section 3)
The Central Government, State Governments, and local authorities can collect statistics through a notified statistical officer.
3. Subjects of Data Collection
Economic
Demographic
Social
Scientific
Environmental aspects
4. Duties of Informants (Section 6)
Individuals, companies, or organizations from whom information is sought (called informants) are legally required to provide true and complete information.
5. Security of Data and Confidentiality (Section 9)
The information collected is confidential and cannot be used as evidence in civil or criminal proceedings.
It cannot be shared or disclosed unless for statistical purposes.
6. Penalties for Non-compliance (Sections 15–17)
Penalties can be imposed on informants for:
Refusing to furnish information.
Providing false information.
Impeding a statistical officer.
Penalty may extend up to Rs. 1,000 for individuals and Rs. 5,000 for companies.
7. Protection of Actions Taken in Good Faith (Section 21)
No legal proceedings can be initiated against officials for actions taken in good faith under the Act.
🔹 Importance of the Act
Provides legal backing to statistical surveys conducted by governments.
Aims to ensure the accuracy and integrity of data, which is vital for policy formulation.
Helps in national planning, implementation of welfare schemes, and monitoring socio-economic progress.
🔹 Case Law Reference
Although there are not many landmark Supreme Court judgments directly interpreting this Act (as it is primarily procedural and administrative in nature), a few legal principles and cases can be contextually linked where issues of data collection, privacy, and compulsory disclosure were examined.
⚖️ Case: K.S. Puttaswamy v. Union of India (2017) – Right to Privacy Case
Though not directly about this Act, this landmark judgment by a 9-judge Constitution Bench of the Supreme Court held that the right to privacy is a fundamental right under Article 21.
Implication: Any data collection under the Collection of Statistics Act must respect the principles of privacy, including:
Legality: Must have a legal basis.
Necessity: Must serve a legitimate aim.
Proportionality: Data collected should be minimal and not excessive.
This case has had an indirect bearing on how data is collected and used, especially in ensuring that the confidentiality provisions in Section 9 are strictly adhered to.
🔹 Example of Practical Application
Suppose the Ministry of Statistics and Programme Implementation (MoSPI) decides to conduct a survey on the employment status of individuals across India. It appoints statistical officers and notifies certain districts. All households and businesses in these districts are required under this Act to provide true and complete employment data when approached.
If a business refuses or provides false data, penalties may be imposed under Sections 15–17.
🔹 Summary
| Feature | Details |
|---|---|
| Enacted | 2008 (amended in 2017) |
| Scope | India-wide, including UTs |
| Authority | Centre, States, Local Authorities |
| Subjects | Economic, social, demographic, etc. |
| Data Use | For planning and statistical analysis only |
| Confidentiality | Strictly maintained |
| Penalty | Up to ₹5,000 for non-compliance |
| Safeguards | Protected under right to privacy (Puttaswamy judgment) |
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