18.
18. Whatever type of census an NSO conducts, it should take place within an established legal framework. This can be permanent and/or it can require issuance of new legislation for each census. In the latter case, a Statistics Act or Census Act must be approved before each census, to authorize the topic content, prescribe access to administrative data, and deal with many other issues outlined below.
19.
19. When a General Statistics Act includes all the necessary provisions required for the conduct of a population and housing census and/or the production and dissemination of statistical data, specific census legislation may not be necessary.
20.
20. In general, countries employing a fully register-based census design are more likely to find that the census is covered sufficiently by general statistical legislation, while those using a combined or fully enumeration-based design are more likely to require a dedicated census law.
21.
21. Whether general or specific, permanent or recurring, legislation plays a crucial role in safeguarding the conduct and quality of a census. Such legislation:
(b) helps protect the census office from outside influence such as politically driven demands to include certain questions/variables, follow certain procedures or include certain groups that ought not to be included among usual residents;
(c) fosters trust and better cooperation of the public, no matter what the census design, by reassuring them that data are kept confidential and used only for statistical purposes.
22.
22. These essential roles of legislation must be balanced against the challenges that it can pose if not appropriately designed. Too-detailed legislation can limit the flexibility of the NSO (see below); delays in adoption of legislation can hinder efficient planning and conduct of the census; and a requirement for a new census law for each iteration of the census can expose the NSO to the exigencies of political matters, such as changes in government, which may lead to delays.

2.2 Scope of census legislation
26.
26. Irrespective of the census design, the legal basis for the preparation and conduct of a census should usually cover at least the following:
(a) the allocation of funds for the census operations, including amounts and timing of disbursement;
(b) general aspects of the scope, methodology, content and timing of the census (see section
2.3 below);
(c) provisions and standards for protecting confidentiality, privacy and security in the collection, transmission, storage and dissemination of data, including specific provisions prescribing access to, and protection of, any administrative data used for the census;
(d) provisions for obtaining (in a timely manner and with the required format, content and quality) and permissible uses of registers and other administrative sources to produce census data or to support field operations, including provisions for linkage among sources and for high-granularity dissemination products;
(e) the relationships between the agency responsible for the census and other public administrations involved in the census operations, including the holders of administrative data;
(f) the procedures and necessary delegations of authority for procuring equipment and supplies and recruiting personnel;
(g) in the case of censuses involving direct enumeration: the obligation of citizens to provide complete, accurate and timely census information and the obligation of the enumerators to record the responses faithfully, and the sanctions and penalties to be imposed for failure to comply with either of these obligations.
27.
27. Where registers or other administrative sources are used that are produced and owned by entities other than the NSO, the census legislation must be carefully aligned with other national legislation pertaining to these sources, such as privacy and data protection laws, to ensure coherence and avoid ambiguity. In some cases, such general data protection laws may already include all the provisions necessary to cover the specific needs of censuses, including the use of register data for censuses, or measures to be applied to census enumerators. In other cases, provisions on data confidentiality must be included in the census-specific legislation.
28.
28. Whether part of general statistical legislation or census-specific legislation, the following provisions should also be ensured by enshrining them in law:
(a) The Chief Statistician should be free to decide on the allocation of overall resources for official statistics between subject areas, with only the total budget decided at the political level as part of the budgetary process;
(b) The Chief Statistician should be free to determine the census reference date, and the dates of field operations based on scientific principles and logistical considerations, without political influence;
(c) NSOs must not be subject to any official or unofficial clearance process involving government bodies outside the statistical system for the release of census results;
(d) Census results must be publicly accessible and disseminated simultaneously for all users, including government users, at dates determined by the statistical system;
(e) The NSO has the right to communicate directly with the media regarding the results of the census.
29.
29. Census legislation is equally important for protecting the rights of the NSO and for formalizing their duties. Where the duties and responsibilities are clearly specified in legislation, this can help to bolster public trust and support for the census.