This Saturday at 9:00 p.m. the digital stage of the 2023 Census. In the month of May, the census takers will visit the homes in the face-to-face phase, to receive the verification code, in the case that the web form has been filled out, or to ask the questions in the opposite case.
That is, the digital census is not mandatory, but the next instance is. From the National Institute of Statistics (INE) they appeal to people to assume their civic responsibility since the information in an aggregated way allows to identify building issues, transportation, health, education and others.
But beyond that, Law 16,616 indicates in its article 14 that “All natural or legal persons, non-state public persons and public bodies They are obliged to provide the data that is required of them, for statistical purposes, by the members of the National Statistical System and within the period that is set for them”.
Statistical infractions
The aforementioned law provides for fines and sanctions for “statistical infractions”. These violations can be, for example, “the refusal or omission by natural or legal persons, private or public, to provide the data that, for statistical purposes, are required by the members of the National Statistical System”.
Also, statistical infractions are considered: providing data that does not adjust to the material truth, supplying the data outside the established deadlines and omitting to correct inconsistencies contained in the data provided, within the agreed deadlines for such purposes.
The fine for not doing the census
“Statistics violations will be sanctioned with a fine”affirms article 24 of law 16,616.
“The amount of the fine will be determined by the National Institute of Statistics, between a minimum of 20 UR ($31 thousand) and a maximum of 50 UR ($79 thousand), per founded resolution”, says the article.
“In order to set the amount of the fine, account shall be taken, among other circumstances, of the damage caused and the background of the infringer”, indicates the law.
When the offender is a public person, he will be responsible the head of the organization and the fine will be deducted from his salary. The payment of the fine leaves intact the administrative responsibility of the hierarch, reputing the infraction as a serious offense”, concludes article 24.
What happens when the fine is paid
Once the fine is paid, In any case, the information that was requested in the first place must be presented.
“The payment of the fine does not exonerate from the obligation to present the statistical information requested. This must be provided within the term expressly granted in the Resolution that constitutes an enforceable title”, warns article 26.
Registry of Offenders
There is also a Registry of Offenders in the INE “with the purpose of verifying the cases of recidivism within the System, empowering said Institute to publish the list of offenders”according to article 28.
“For such purposes, the members of the National Statistical System must notify the National Statistics Institute the list of natural or legal persons sanctioned with a fine, within a maximum period of thirty dayscounted from the date of the resolution imposing the fine”.
Crimes and Statistical Secrecy
The chapter of infractions and sanctions of the law concludes with articles 29 and 30.
The first states that when “infringements of what is mandated by this law are apt to generate the presumption that constitute acts that the penal law establishes as crimesthe heads of the organizations that make up the National Statistical System They will be obliged to proceed in accordance with article 177 of the Penal Code”.
“Failure to comply with this obligation, in addition to the established criminal liability, will ignore the administrative and patrimonial responsibilities determined by the current law”, keep going.
Finally, article 30 refers to “Statistical Secrecy”.
“People who violate the Statistical Secret or use individual data for their own benefit or that of others will be criminally responsible for the crime typified by article 301 of the Penal Code “Revelation of secret documents“, without prejudice to the corresponding civil reparations.”
