Statistical Confidentiality and Human Rights

Recent Writings and Essential Documents

Margo Anderson, University of Wisconsin – Milwaukee

William Seltzer, Fordham University

We provide below citations and links to recent articles, papers, and documents related to the use of official statistics to target individuals and members of vulnerable population subgroups, and to related issues of statistical confidentiality, particularly in wartime. We invite comments on this site and the issues raised in the writings and documents available on the site. We also invite those with further information on any of the incidents covered in these writings or with information about other misuses or potential misuses of population data systems and challenges to respondent confidentiality protections to share this information. Comments on this site and further information may be sent to margo@uwm.edu or seltzer@fordham.edu. Please note that some of the linked files are quite large and may take some time to appear.

Relevant Writings and Presentations

  • William Seltzer, The Role of Ethics in a Federal Statistical Agency, A presentation at the US Census Bureau, June 9, 2010
  • Margo Anderson, The Census in American History, A presentation at the U.S. Census Bureau, June 10, 2010
  • Margo Anderson and William Seltzer, "Federal Statistical Confidentiality and Business Data: Twentieth Century Challenges and Continuing Issues,"Journal of Privacy and Confidentiality 1 (Spring 2009), pp. 7-52; Comment on Article by Anderson and Seltzer, by C. L. Kincannon, pp. 53-54; Rejoinder, by M. Anderson and W. Seltzer, pp. 55-58.
  • William Seltzer,
    "Murky Waters: Some Observations on Government Surveillance and the Current State of Statistical Confidentiality in the UK Statistical System,"     Prepared as a background note for distribution to participants at the 26-27 September 2008 IdentiNet Workshop, "Themes and Tasks in the History of Identification" Oxford University.
  • William Seltzer and Margo Anderson, "Using Population Data Systems to Target Vulnerable Population Subgroups and Individuals: Issues and Incidents," in Statistical Methods for Human Rights, Jana Asher, David Banks, and Fritz S. Scheuren, eds. (New York: Springer, 2008), pp. 273-328.
  • William Seltzer and Margo Anderson, "Census Confidentiality under the Second War Powers Act (1942-1947)," Paper prepared for the Annual Meeting of the Population Association of America, March 30, 2007, New York, New York.
  • Margo Anderson and William Seltzer (2007). "Challenges to the Confidentiality of U.S. Federal Statistics, 1910-1965." Journal of Official Statistics. 23(1): 1-34. Incident Table.
  • _____________________ (2006). “Discussion of Habermann, ‘Ethics, Confidentiality and Data Dissemination.’” Journal of Official Statistics. 22(4): 641-49.
  • ______________________ "Federal Statistical Confidentiality and Business Data: Twentieth Century Challenges and Continuing Issues," Paper presented at the meeting of the Federal Committee on Statistical Methodology, Arlington, VA, November 2005.
  • William Seltzer, "Official Statistics and Statistical Ethics: Selected Issues," paper prepared for the International Statistical Institute, 55th Session, 2005.
  • ____________, "On the Use of Population Data Systems to Target Vulnerable Population Subgroups for Human Rights Abuses," Coyuntura Social, No. 32, June 2005, pp. 31-44.
  • William Seltzer and Margo Anderson, "NCES and the Patriot Act," Paper presented at the Joint Statistical Meetings, New York, August 2002. Abridged version available in 2002 ASA Proceedings, pp. 3153-56.
  • _______________, "The Dark Side of Numbers: The Role of Population Data Systems in Human Rights Abuses." Social Research, Summer 2001, Vol. 68 Issue 2, pp. 481-513.
  • William Seltzer, "U.S. Federal Statistics and Statistical Ethics: The Role of the American Statistical Association’s Ethical Guidelines for Statistical Practice," Paper based on a presentation at the Washington Statistical Society, February 2001.
  • William Seltzer and Margo Anderson, "After Pearl Harbor: The Proper Use of Population Data in Time of War," Paper presented at the Annual Meeting of the Population Association of America, Los Angeles, CA, March 2000, also available at the American Statistical Association’s Statisticians in History site.
  • ______________, "Excluding Indians Not Taxed: Federal Censuses and Native-Americans in the 19th Century," Paper presented at the Joint Statistical Meetings, Baltimore, MD, August 1999.
  • William Seltzer, "Population Statistics, the Holocaust, and the Nuremberg Trials," Population and Development Review, Vol. 24, No. 3. (Sep., 1998), pp. 511-552.

    • Related Education and Training Materials

  • William Seltzer, Using Government Statistical Systems to Target Businesses and Vulnerable Population Groups: Examples and Issues, Presentation at session on Data Confidentiality and Privacy Issues, GAO brown bag seminar, Washington, DC, June 11, 2013
  • William Seltzer, Professional Ethics and the Work of a National Statistical Office: A Short Course, 2 April 2010. A stand-alone course adapted and updated from material presented in part #2 of the short course on Professional Ethics
    (Short Course #12), presented at 57th session of the International Statistical Institute in Durban, South Africa, August 2009
  • William Seltzer, A User’s Guide to a Short Course on Professional Ethics and the Work of a National Statistical Office, 2 April 2010. A somewhat revised version of this Users Guide will appear in a special issue of the Statistical Journal of the International Association of Official Statistics, "Official Statistics and Ethics," (Vol. 27, Nos. 1-2, 2011).
  • William Seltzer, Professional Ethics and the Work of a National Statistical Office, Part 2 of Short Course #12 on Professional Ethics, presented at the 57th session of the International Statistical Institute in Durban, South Africa, August 2009
  • William Seltzer, Demography, Human Rights and Ethics (Syllabus), Fall 2006, Fordham University, Department of Sociology and Anthropology

    • Essential Documents

  • International Statistical Institute, Declaration on Professional Ethics, 1985.
  • United Nations Statistics Commission, Fundamental Principles of Official Statistics, 1994.
  • Office of Management and Budget, "Order Providing for the Confidentiality of Statistical Information," Federal Register, Vol. 62, No. 124, June 27, 1997, pp. 35044-50.
  • American Statistical Association, Ethical Guidelines for Statistical Practice, August 1999.
  • Committee on National Statistics, National Academy of Sciences, Principles and Practices for a Federal Statistical Agency, Second Edition, Margaret E. Martin, Miron L. Straf and Constance F. Citro, eds. (Washington, DC: National Academy Press, 2001).

    • Statistical Confidentiality in Law

  • Selection from Title 13 of the United States Code (governing the Census Bureau)
  • Selection from Title 20 of the United States Code (governing the National Center for Education Statistics)
  • Confidential Information Protection and Statistical Efficiency Act of 2002 (CIPSEA), PL 107-347, December 17, 2002, 44 USC 3501. Federal Register Notice of Implementation Guidance, June 15, 2007.

    • Statistical Confidentiality in Wartime: Changes to Established Practice

  • Second War Powers Act, 1942, P.L. 507, 77th Congress, 2d Session (S2208), Approved March 27, 1942, Section 1402; and Executive Order No. 9157, Regulations with Respect to the Making Available of Records, Schedules, Reports, Returns and Other Information by the Secretary of Commerce, and with Respect to the Use Thereof after the Same Have Been Made Available, May 9, 1942.
  • Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA Patriot Act) Act of 2001, Public Law 107-56, 107th Congress, Section 508, 115 Stat 368.
  • National Center for Education Statistics, NCES Statistical Standards, 2002.