BJS The Role of Confidentiality in Collecting Statistical Information Jan M. Chaiken Bureau of Justice Statistics U.S Department of Justice May 31, 2000

BJS Federal statistics agencies are maniacs about confidentiality n A day-to-day concern of agency staff n We sponsor research and conferences n Our agency heads are directly involved n We constantly review our data-collection activities n We prepare interviewer manuals  training for field representatives  regular meetings of their supervisors

BJS We obey the law n Strict confidentiality statutes for statistical agencies n Differ from agency to agency n New confidentiality legislation pending  H.R To provide uniform safeguards for the confidentiality of information acquired for exclusively statistical purposes, and to improve the efficiency and quality of Federal statistics and Federal statistical programs

BJS At BJS we are especially aware of legislative confidentiality requirements n We are surrounded by thousands of attorneys in the Department of Justice n The Justice Department prosecutes any criminal violations of the confidentiality statutes n We collect data from offenders and victims who are particularly attuned to the law

BJS Confidentiality statutes and regulations apply to... n Federal statistics agency staff n Other Federal agencies that collect data for us n Contractors n Grantees

BJS Why we care n You wouldn’t have any valid statistical information if statistics agencies couldn’t promise confidentiality and stick to their promises n Federal agencies’ reputations are inter-related

BJS Differences among confidentiality statutes are a problem n Some purely statistical uses of data are prohibited n Unnecessary duplicate collection of the same information n Unnecessary burden on some respondents  if selected by several agencies to be in their data-collection sample n These issues are addressed by H.R. 2885

BJS Issues when collecting data n Example: National Crime Victimization Survey n Example: Surveys of Inmates in Prisons and Jails  both sponsored by the Bureau of Justice Statistics  both fielded by the U.S. Census Bureau

BJS Issues related to removing identifiers from analysis files n Famous people n Famous cases n Cases before the grand jury n Investigation of someone you know, applicant for a job, etc. n Details of victimization reported by someone you know n Federal case against yourself!

BJS Release of data records n U.S. Census Bureau’s microdata review n BJS is not permitted access to some data elements in records collected for BJS n BJS cannot analyze certain issues related to strategic planning of our data collections  e.g., whether a person who has reported a victimization to an interviewer is less likely to report a subsequent victimization  we pay for Census Bureau staff to do the work

BJS Issues related to archiving data and disseminating data files n User of the data must subscribe to the allowed uses  for BJS data, uses in investigations or administrative proceedings are prohibited  (except for general statistical information about people like the person in question) n Too much unidentified data in a record permits identification in some instances n Instant access to data files over the internet is a different ball of wax

BJS Facilitating linkage of records in the same or different files n Can be essential or very useful for legitimate research and statistical purposes  different criminal charges against the same person  recidivating prisoner (previously in prison) n Providing a capability to link files may increase the risk of breaching confidentiality of each file n Was permission obtained from the respondent?

BJS Issues related to statistical tabulations n Statistical discovery n Traditional solutions:  Obscuring statistics drawn from too small a number of observations  Data files made available for tabulations, but individual records may not be viewed n Recent innovations  Injecting statistical “noise” into the records  Audit trail of cumulative uses of the data

BJS You can trust us… we’re from the Federal government n Growing distrust and lack of confidence in government procedures and promises n Legislative loosening of prior restrictions on release of identified information  open criminal history records  sex offender registries searchable on the internet n Do changes like these have public support and confidence?

BJS View from within the Federal statistical system n Anybody who feels their confidential information is in danger of misuse or compromise by a Federal statistics agency is misguided n We have extraordinarily strict statutes and procedures and are diligent to adhere to them