Law
No. (28) of 2015
Concerning
the
Dubai
Statistics Centre[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Mohammed bin Rashid Al
Maktoum, Ruler of Dubai,
After
perusal of:
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (23) of 2006 Establishing the Dubai Statistics Centre;
Law
No. (27) of 2006 Concerning Management of the Government of Dubai Human
Resources and its amendments;
Law No. (35) of 2009 Concerning
Management of the Public Funds of the Government of Dubai and its amendments;
Law No. (2) of 2015 Concerning Human
Resource Management of Executive Directors/ Chief Executive Officers in the
Government of Dubai; and
Executive Council Resolution No. (39)
of 2015 Regulating Poll Studies Firms Operating in the Emirate of Dubai,
Do hereby issue this Law.
This Law will be cited as “Law No. (28)
of 2015 Concerning the Dubai Statistics Centre.”
The following words and
expressions, wherever mentioned in this Law, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
UAE: |
The
United Arab Emirates. |
|
Emirate: |
The
Emirate of Dubai. |
|
Ruler: |
His
Highness the Ruler of Dubai. |
|
Executive
Council: |
The Executive
Council of the Emirate of Dubai. |
|
DSC: |
The
Dubai Statistics Centre. |
|
Executive
Director: |
The
executive director of the DSC. |
|
Advisory
Board: |
The advisory
board of the DSC. |
|
Data Sources: |
In
respect of the data relating to the Emirate, this refers to Government Departments,
authorities, public corporations, free zone authorities such as the Dubai
International Financial Centre Authority, and any other entity affiliated to
the Government of Dubai; this also includes charitable and civil societies
and foundations; establishments, companies, and individuals in the Emirate;
Federal ministries, authorities, and public corporations; and international
organisations and agencies. |
|
Statistics: |
Collecting
statistical data and information from Data Sources, and analysing, categorising,
and disseminating the same in the form of statistical indicators and reports. |
|
Statistical
Surveys: |
The
methods of collecting statistical data and information from the community
targeted by a research or a study whether through a complete count or a sample count as determined based on scientific methods. |
|
Poll
Study: |
Survey
of opinions; measurement of trends; and collection of data, information, and Statistics
on a particular matter during a specific period of time through various
direct and indirect techniques and methods. |
This
Law will apply to the Dubai Statistics Centre established pursuant to the
above-mentioned Law No. (23) of 2006 as a public corporation, which has legal
personality and the legal capacity required to undertake all acts and dispositions
that ensure the achievement of its objectives. The DSC is hereby affiliated to
the Executive Council.
The head office of the DSC will be located in the city of Dubai. The DSC may establish branches within and outside of the Emirate.
a. The DSC is the official source for Statistics
at the level of the Emirate, responsible for compiling, classifying, and
analysing statistical data and information; preparing and disseminating
statistical indicators and reports; and regulating statistical work and Poll
Studies.
b. A non-Government entity may only
conduct a Poll Study for third parties after first obtaining a Permit from the
DSC to conduct the Activity of conducting Poll Studies. The Permit will be
issued in accordance with the relevant conditions and procedures adopted by the
DSC.
The DSC aims to achieve the following:
1. to contribute to pushing forward the
economic and social development in the Emirate;
2. to establish an advanced and efficient
statistical system in the Emirate;
3. to provide statistical support to
decision makers for the purpose of drafting development policies, creating
plans, and measuring strategic performance;
4. to regulate and develop statistical
work in the Emirate, and achieve transparency in statistical dissemination; and
5. to ensure the proper and accurate conduct of Poll Studies in the Emirate in accordance with the relevant recognised scientific methodologies and practices.
a. For the purpose of achieving its
objectives, the DSC will have the duties and powers to:
1. prepare statistical work plans and
programmes in support of the Dubai Strategic Plan and the economic, social, and
other development plans, programmes, and projects;
2. collect the statistical data and
information relating to the Emirate from Data Sources, and update, process, categorise,
and protect the same;
3. design and conduct demographic,
social, and economic statistical studies and Statistical Surveys at the level
of the Emirate;
4. create and manage a modern and
comprehensive statistical system for the compilation, analysis, processing, and
dissemination of the official statistical data, information, and indicators;
5. prepare and provide high quality
statistical data and information to decision makers, Government entities,
business community, media outlets, researchers, individuals, and the
international community;
6. disseminate the statistical
information and indicators using the most advanced methods available, without
prejudice to the confidentiality of data under this Law;
7. prepare, based on the best practices, demographic,
economic, and social statistical indicators as reference indicators at the
level of the Emirate;
8. set the bases and rules regulating
statistical work, and standardise the methods, standards, definitions, and
classifications related to Statistical Work in the Emirate, in accordance with
the local, regional, and international methodologies and with statistical work requirements;
9. design and conduct the general census
of population, housing, and establishments in the Emirate;
10. represent the Emirate before local,
regional, and international entities in matters relating to Statistics, and
participate in statistical projects and programmes, and Statistical Surveys at
the level of the UAE;
11. raise awareness about Statistics, and
educate all segments of the community on the importance of statistical work;
12. organise and participate in academic
conferences, symposia, workshops, programmes, and activities related to
Statistics within and outside of the UAE;
13. provide statistical consultation and
technical support to Government entities in all areas related to statistical
work;
14. conduct Poll Studies on the
population, social, economic, health, educational, and other phenomena;
15. regulate the work of the
non-Government entities working in the field of Poll Studies in the Emirate,
and issue the required Permits in accordance with the relevant adopted rules
and conditions;
16. audit the entities authorised to
conduct Poll Studies, and take the necessary action against violating entities in
accordance with the relevant legislation in force; and
17. perform any other duties required for
the achievement of its objectives.
b. In performing the duties assigned to
it under this Law, the DSC may, as it deems appropriate, seek assistance from
experts and specialists.
Data
Sources must provide the DSC with the statistical data and information it
requires, in accordance with the technical requirements, standards, and methods
determined by the DSC and in a manner that ensures an accurate and effective
flow of such data.
Personal Data and information obtained through any Statistics, census, or Poll Study are deemed confidential and may only be disclosed or divulged to any individual or entity by the DSC with a written authorisation of its owner or upon the request of the competent judicial entities. Such data and information may not be disseminated for other than statistical purposes, relied on to establish a tax burden, or used as evidence to prove a crime or as a basis for any legal action. However, it may be used as evidence against any Person who provides the DSC with any false data or information.
The
DSC will, in line with the recognised methods, disseminate the statistical information
and the outcomes of census, Statistical Surveys, and Poll Studies, excluding personal
statistical data and information, via the appropriate electronic and print
media.
a. An individual or private entity may conduct field or non-field Statistical Surveys only after first obtaining the relevant Permit from the DSC. This Permit will be issued in accordance with the relevant conditions and procedures adopted by the DSC.
b. A public entity may conduct field Statistical Surveys only after first obtaining the relevant Permit from the DSC. Non-field Statistical Surveys must be conducted in coordination with the DSC.
a. An Executive Director will be appointed to the DSC by a resolution of the Chairman of the Executive Council.
b. The employment rights of the Executive Director will be determined in accordance with the above-mentioned Law No. (2) of 2015 and the resolutions issued in pursuance thereof.
c. The Executive Director will have the duties and powers to:
1. draft the general policy, strategic
plans, project plans, and programmes of the DSC and submit the same to the Executive
Council for approval;
2. draft the strategic plans for statistical work in the Emirate, and submit the same to the Executive Council for approval;
3. approve and supervise the implementation of the operational plans of the policies and strategic objectives of the DSC;
4. prepare the draft annual budget and the final accounts of the DSC, and submit the same to the competent entities for approval;
5. propose the organisational structure of the DSC, and the resolutions and bylaws regulating statistical work in the Emirate, and submit the same to the Executive Council for approval;
6. submit the annual performance reports on the activities of the DSC to the Executive Council;
7. supervise the work and follow up the performance of the executive body of the DSC;
8. represent the DSC before third parties and conclude the contracts and agreements required for the achievement of the objectives of the DSC; and
9. perform any other duties required for the achievement of the objectives of the DSC.
The
DSC will have an Advisory Board comprised of a chairman, a vice chairman, and a
number of members with experience and specialisation in the fields of planning
and Statistics from within and outside of the DSC, who are appointed pursuant
to a decree of the Chairman of the Executive Council. Members of the Advisory Board
are appointed for a renewable term of three (3) years.
The
Advisory Board will have the duties and powers to:
1. provide advice on the main statistical
requirements and priorities of the Emirate to help the DSC fulfil the same as
part of its short-, medium-, and long-term plans;
2. provide technical advice on the statistical
policies and plans in support of the Strategic Plan of the Emirate;
3. provide technical advice on, and
standardisation of, statistical methodologies and concepts at the level of the
Emirate;
4. provide technical opinion on the
statistical projects implemented by the DSC;
5. provide technical proposals aimed to
achieve continued development of statistical work, and to keep abreast of the
latest relevant technical and technological developments; and
6. perform any other duties assigned to
it by the Executive Director.
The DSC
will charge, in return for issuing the Permits and providing services, the fees
prescribed by a resolution issued by the Chairman of the Executive Council.
Without
prejudice to any stricter
penalty stipulated in any other legislation,
1. any Person who breaches the confidentiality of any statistical data and information; uses it for other than its intended purposes; changes or adds to it; or sells, distributes, prints, or disseminates any of such data and information without obtaining the authorisation stated in Article (9) of this Law, will be punished by imprisonment for up to six (6) months or a fine not exceeding one hundred thousand Dirhams (AED 100,000.00), or by both penalties; and
2. any Person who:
a. wilfully disrupts any statistical work
or census;
b. refuses to provide required data or
provides false data related to statistical work or census. Any partial
provision of required data within prescribed timeframes is deemed refusal to
provide the required data, unless such delay is proven to be for a legitimate
excuse;
c. obtains or attempts to obtain confidential data relating to any Statistics or census without being authorised to do so;
d. knowingly disseminates or causes the dissemination of false Statistics or false outcomes of a census;
e. intentionally provides misleading data to any of the employees assigned to conduct census; or
f. conducts Statistical Surveys without a Permit issued by the DSC,
will be punished by imprisonment for up to three (3) months or by a fine not exceeding fifty thousand Dirhams (AED 50,000.00), or by both penalties.
3. The Chairman of the Executive Council will determine, by a resolution issued by him, the violations and fines related to regulating the conduct of the Activity of conducting Poll Studies in the Emirate.
Employees
of the DSC nominated by a resolution of the Executive Director will have the
capacity of law enforcement officers to record the acts committed in breach of
the provisions of this Law and the resolutions issued in pursuance hereof. For
this purpose, they may issue the relevant violation reports.
The
financial resources of the DSC will consist of:
1. the support allocated to the DSC in the general budget of the Government of Dubai;
2. fees and charges for the services
provided by the DSC; and
3. any other resources approved by the
Executive Council.
In
regulating its accounts and records, the DSC will follow the principles and
rules of government accounting. The financial year of the DSC will commence on
1 January and will end on 31 December of each year.
Employees
of the DSC will be subject to Law No. (27) of 2006 Concerning Management of the
Government of Dubai Human Resources and its amendments.
All
Data Sources must fully cooperate with the DSC and those authorised by it to
conduct census and Statistical Surveys to enable the DSC to achieve its
objectives.
For the purposes of performing the duties and powers
assigned to it under this Law and the resolutions issued in pursuance hereof,
the DSC may seek assistance from the competent Government entities, including
police personnel. Upon request, such entities must provide support and
assistance to the DSC.
The Chairman of the Executive Council will
issue the resolutions required for the implementation of the provisions of this
Law.
a. This Law supersedes the
above-mentioned Law No. (23) of 2006.
b. Any provision in any other legislation
will be repealed to the extent that it contradicts the provisions of this Law.
This
Law comes into force on the day on which it is issued, and will be published in
the Official Gazette.
Mohammed bin Rashid Al Maktoum
Ruler
of Dubai
Issued in Dubai on 18 November 2015
Corresponding to 6 Safar 1437 A.H.
©2015 The
Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort has been made to produce an
accurate and complete English version of this legislation. However, for the
purpose of its interpretation and application, reference must be made to the
original Arabic text. In case of conflict, the Arabic text will prevail.