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Legal aspects of quality

Legal aspects of quality. Michel ISNARD Insee – Legal Affairs. Legal aspects of quality. Short introduction Legal aspects for an operation Legal aspects for the NSI. Introduction. Anything illegal doesn’t exist

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Legal aspects of quality

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  1. Legal aspects of quality Michel ISNARD Insee – Legal Affairs

  2. Legal aspects of quality • Short introduction • Legal aspects for an operation • Legal aspects for the NSI

  3. Introduction • Anything illegal doesn’t exist • Not following legal prescriptions lowered very much the quality of the whole operation • Most seriously, not following legal prescriptions could endanger the position of the NSI in the society and have consequences on the quality of other results

  4. Introduction • Concerning single operations : • Legal dispositions as a tool to manage an operation • Concerning NSI as a whole : • Legal dispositions and the NSI management

  5. A single operation • Legal prescriptions appear as safeguards on a single operation : quality minimal thresholds to be met • Information of persons : • In EU 95/46 directive, therefore a legal prescription • A quality prerequisite : see ISI ethics declaration in 1985 • Confidentiality

  6. A single operation • Major risks • To forget legal dispositions are MINIMAL quality thresholds • Quality could forbid a NSI to disseminate non confidential data • To focus on legal aspects and not on methodological ones.

  7. NSI as a whole • Huge part of operations have a legal basis • EU Regulation • National Law • Legal dispositions : • What a NSI must do • How a NSI must do it

  8. NSI as a whole • Problem of NSI overloading : • Risk of loss of quality • Problem of maintaining an overall quality • Need to interfere with “must” legal dispositions • Quite always the case in EU Regulations • Could be more difficult in national ones

  9. NSI as a whole • “How” Legal dispositions • General formation • Could be mixed with non legal quality measures (incorporated as internal rules) • Need to interfere with elaborations of “How” legal disposition

  10. Some more points • A strong legal basis help relations with respondents : • Trust, • Possible intervention of justice • Standard rules of dissemination

  11. Any questions? • Thank you for your attention.

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