Confidentiality Brochure

The limitations on use of the data to statistical
purposes means that BLS will combine
your information with information from
other respondents to produce descriptions,
estimates, and analyses regarding the state
of the economy without identifying the
individual information you have provided.
This brochure describes the laws and
policies that protect information provided
by respondents to the Bureau of
Labor Statistics.

For any questions or comments,
please contact the
Bureau of Labor Statistics

202-691-7628
[email protected]
www.bls.gov

U.S. Bureau of
L abor Statistics

Protection
of Survey
Respondents’
Confidential
Information

T

he Bureau of Labor Statistics (BLS)
is strongly committed to protecting
the confidentiality of information
provided by respondents and to ensuring
that it is used only for statistical purposes.
This pledge of confidentiality means that
only BLS employees and agents, such as
contract employees or employees of State
agencies working on statistical programs
under BLS agreements, will ever have
access to your information.

LEGAL PROTECTIONS

R

espondents to BLS surveys enjoy the
protection of a number of Federal
laws that ensure that confidential
information is kept secure.

Confidential Information Protection
and Statistical Efficiency Act (CIPSEA)
(44 U.S.C. 3572) states that information
acquired by the BLS for exclusively statistical
purposes under a pledge of confidentiality
must be used by BLS employees and agents
for statistical purposes only. CIPSEA further
states that any BLS employee or agent, who
knowingly and willfully discloses identifiable
respondent information to someone
not authorized to receive it, is subject to
imprisonment for not more than 5 years and
fines of not more than $250,000, or both.

Trade Secrets Act (18 U.S.C. 1905) provides
that the United States government may not
disclose the confidential statistical data of
any person, firm, partnership, corporation,
or association. Any government employee
charged with violation of this Act could be
discharged, fined, and imprisoned.
Privacy Act (5 U.S.C. 552a (b)) prohibits a
Federal agency from disclosing information
about an individual without the written consent
of that individual. In accordance with the
Privacy Act, the BLS holds all personal identifiers
such as names, addresses, and social security
numbers in confidence.

Wagner-Peyser Act (29 U.S.C. 49l-2(a)(2))
provides that employment data submitted to
BLS for exclusively statistical purposes be held
in confidence. This Act further provides that
confidential employment data maintained by
BLS is immune from the legal process.

Freedom of Information Act exemption 3
(5 U.S.C. 552(b)(3)) excludes “records that are
specifically exempted from disclosure by statute.”
CIPSEA specifically exempts from disclosure
records acquired for exclusively statistical
purposes under a pledge of confidentiality.

Freedom of Information Act exemption 4
(5 U.S.C. 552 (b)(4)) excludes “records that are
trade secrets and commercial or financial
information obtained from a person and
privileged or confidential.” This includes all
business establishment data collected by the
BLS under a pledge of confidentiality.

Freedom of Information Act exemption 6
(5 U.S.C. 552(b)(6)) excludes “personal… files
the disclosure of which would constitute a
clearly unwarranted invasion of personal
privacy.” This applies to all data on individuals
collected by BLS under a pledge of
confidentiality.

Federal Information Security
Management Act (FISMA) (44 U.S.C. 3541)
imposes a mandatory set of information
security processes and controls which must
be followed by all information systems used or
operated by a Federal government agency
or by a contractor or other organization on
behalf of a Federal government agency. BLS
complies with all enacted Federal controls,
as promulgated in guidance from National
Institute of Standards and Technology (NIST), to
securely house and transfer information, and
regularly audits and monitors those controls.

BLS CONFIDENTIALITY POLICY

The BLS has established policies to ensure
that survey respondent’s confidential
information is protected.

Commissioners Order No. 10-2, BLS
Respondent Identifiable Information

Cybersecurity Act of 2015 mandates that

(November 7, 2011) provides that data
acquired or maintained by the BLS for
exclusively statistical purposes and under a
pledge of confidentiality shall be treated
in a manner that ensures that individually
identifiable information will be used
for statistical purposes only and will be
accessible only to authorized persons.

Federal information systems be protected
from malicious activities through cybersecurity
screening of transmitted data.

BLS Administrative Procedure No. 20-6,
Handling Procedures for Sensitive
Information in BLS (November 10, 2008)

Federal Statistical Confidentiality Order
(published by the Office of Management
and Budget on June 27, 1997 at 62 Federal
Register 35,043) establishes a consistent
government policy protecting the privacy and
confidentiality interests of respondents who
provide information to Federal
statistical programs.

provides instructions and guidelines to
BLS employees and agents on the proper
procedures for handling and safeguarding
confidential information.

Secretary’s Order No. 16-2006, Invoking
Governmental Privileges (November 9,

2006) delegates to the Commissioner of
Labor Statistics authority to invoke claims for
special governmental privileges to protect
from disclosure in the case of litigation
information provided to the BLS under a
pledge of confidentiality.

www.bls.gov