Census Preparation Act 2011

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Basic data
Title: Law on the preparation of a
register-based census
including a building
and housing census 2011
Short title: Census Preparation Act 2011
Abbreviation: ZensVorbG 2011
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Administrative law
References : 29-36
Issued on: December 8, 2007
( BGBl. I p. 2808 )
Entry into force on: December 13, 2007
Last change by: Art. 3 G of July 8, 2009
( BGBl. I p. 1781, 1792 )
Effective date of the
last change:
July 16, 2009
(Art. 4 G of July 8, 2009)
Please note the note on the applicable legal version.

The 2011 Census Preparation Act is a German law that regulates the preparation for participation in the EU-wide census in 2011.

In contrast to previous surveys, the data for this census is largely collected from registers that already exist with authorities , which promises cost savings compared to a direct survey of the participants. In addition, the authorities involved in the preparation may use publicly accessible sources such as B. the Internet , use (§ 12).

Emergence

On March 28, 2007, the Federal Cabinet approved the draft of a census preparation law submitted by the Federal Ministry of the Interior. This preparatory law regulates the structure of an address and building register, which is used to control the various surveys (Section 2 (2)). From April 1, 2008 this register will be filled for the first time with data from the surveying authorities (Section 4), the registration authorities (Section 5) and the Federal Employment Agency (Section 6). The address and building register will be closed no later than six years after the censorship date and the data stored in it will be deleted (Section 15 (3)).

On May 11, 2007, the Federal Council dealt with the Census Preparation Act, which, however, does not require approval before it.

A public hearing on the Census Preparation Act was scheduled for September 17, 2007 before the Interior Committee of the Bundestag . During this hearing, experts from science, data protection and official statistics were questioned by members of the Interior Committee ( MPs ).

At its 115th meeting has Bundestag advise the census preparation law in second and third reading on 20 September 2007 and decided by the votes of the CDU and SPD, with the abstention of the fractions of FDP and Alliance 90 / The Greens as well as votes against the Group of the Left.

At its 837th meeting on October 12, 2007, the Federal Council dealt with the Census Preparation Act and called the Mediation Committee . The reasons for this were demands for the federal government to participate in the costs that the states and municipalities will incur as a result of the census, to ensure the quality of the results (approval of so-called individual reviews) and for the uniformity of the procedure (and thus the need for approval of the law by the Federal Council) . On the other hand, the Federal Commissioner for Data Protection objected in a press release on October 16, 2007, against the Federal Council's request for individual verification of address data.

The parliamentary vote on the 2011 Census Preparation Act was completed on November 28, 2007. On that day, the German Bundestag rejected the Bundesrat's objection to the law with a two-thirds majority. The law was promulgated on December 12, 2007 ( Federal Law Gazette I p. 2808 ).

2011 Census Act

As a next step regulating the implementation of the 2011 census for the federal territory , the “Law on the Register-Based Census in 2011 ( Census Act 2011 - ZensG 2011)” of July 8, 2009 came into force on July 16, 2009 ( Federal Law Gazette I p . 1781 ).

criticism

There is criticism that such a census is important for the Federal Constitutional Court . B. violates informational self-determination and is therefore unconstitutional .

swell

  1. German Bundestag: Draft of a law to prepare a register-based census including a building and apartment census 2011 (Census Preparation Act 2011 - ZensVorbG 2011) (PDF, 648 kB), printed matter 16/5525
  2. heise.de: Federal Cabinet Adopts Census Preparation Act , Newsticker of March 28, 2007 14:54
  3. Federal Council: Page no longer available , search in web archives: Federal Council opinion on the 2011 Census Preparation Act@1@ 2Template: Toter Link / www.bundesrat.de (pdf, 54 KB), printed matter 222/07 (decision), May 11, 2007
  4. Interior Committee of the German Bundestag: Page no longer available , search in web archives: Public hearing of experts on September 17, 2007 from 2:00 p.m. to 4:00 p.m. on the subject of the Census Preparation Act@1@ 2Template: Toter Link / www.bundestag.de , agenda and statements.
  5. ^ German Bundestag: Shorthand report 115th session (pdf, 2.5 MB), agenda item 12 (pages 11917–11924); Berlin, Sept. 20, 2007.
  6. Bundesrat: Page no longer available , search in web archives: Stenographic report 837th meeting@1@ 2Template: Toter Link / www.bundesrat.de , (pdf, 380 kB) Agenda item 6 (pages 332–333), Berlin, October 12, 2007.
  7. Federal Commissioner for Data Protection and Freedom of Information: Page no longer available , search in web archives: Using census data to correct the register would be unconstitutional - Schaar rejects the Federal Council's request@1@ 2Template: Toter Link / www.bfdi.bund.de , press release of October 16, 2007.
  8. German Bundestag: Page no longer available , search in web archives: Rejection of the Federal Council's application against the law for the preparation of a register-based census including a building and apartment census 2011 (Census Preparation Act 2011 - ZensVorbG 2011)@1@ 2Template: Toter Link / www.bundestag.de (pdf, 195 kB), result of the named Vote, 129th meeting, November 28, 2007
  9. Independent information on the 2011 census Zensus11.de Constitutional complaint on the 2011 census

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