https://crsreports.congress.gov
April 4, 2025
Census Bureau Data: Selected Access, Privacy, and Penalty
Provisions in Titles 13 and 26, U.S. Code
The Census Bureau collects and publishes data on various
population and economic characteristics under the authority
of Title 13 of the U.S. Code. Additionally, Section 6103(j)
of Title 26 authorizes the Internal Revenue Service (IRS) to
share certain information from federal tax returns with the
Census Bureau. All of these data are collected from
individuals, commercial entities, and governments across
the United States and territories.
Under Section 9 of Title 13, data collected by the Census
Bureau are to be used solely for statistical purposes, which
includes the “description, estimation, or analysis of the
characteristics of groups, without identifying the
individuals or organizations that comprise such groups.”
Some of the data that the Census Bureau collects are
considered personally identifiable information (PII) and
business identifiable information (BII), which includes but
is not limited to names, addresses, Social Security numbers,
employer identification numbers, telephone numbers, email
addresses, trade secrets, commercial information, and
financial information.
Much of the data collected during Census Bureau surveys
are disseminated for public access in a digital format
without identifying individuals. Federal law requires that
PII and BII remain confidential.
Confidentiality protections of Census Bureau data are found
primarily in Sections 9 and 214 of Title 13, and also in
Section 6103(j) of Title 26 as it pertains to tax information
for statistical purposes.
Data Access
Generally, access to Census’s restricted-use, confidential
data is limited to Census Bureau and Department of
Commerce personnel as detailed in Section 9 of Title 13.
Section 6103(j)(1) of Title 26 permits the IRS to share
federal tax return information with the Census Bureau only
for structuring the census and conducting related statistical
activities. Under Section 3583 of Title 44, the Census
Bureau (and other agencies within the federal statistical
system) permits researchers to access confidential data
through a standard application process (SAP).
Access under Title 13
The confidentiality of certain information collected by the
Census Bureau is established in Section 9 of Title 13.
Specifically, Section 9(a) states that the Secretary of
Commerce, any officer or employee of the Department of
Commerce or Census Bureau, or a local government census
liaison may not:
(1) use the information furnished under the
provisions of this title for any purpose other than the
statistical purposes for which it is supplied; or
(2) make any publication whereby the data
furnished by any particular establishment or
individual under this title can be identified; or
(3) permit anyone other than the sworn officers and
employees of the Department or bureau or agency
thereof to examine the individual reports.
Individuals who are authorized to have access to
confidential information are referred to in Section 214 of
Title 13. Individuals with access generally include those
who are an employee or staff member of the Census
Bureau, who have “taken and subscribed the oath of office”
or “sworn to observe limitations imposed by section 9” of
Title 13; or those who are a “census liaison” per Section 16
of Title 13. Under Section 214, these individuals (as well as
former employees, staff members, and census liaisons) are
prohibited from wrongfully disclosing confidential
information from census respondents and are subject to
penalties for doing so.
Section 23 of Title 13 allows the Secretary to utilize
temporary staff including “employees of Federal, State, or
local agencies or instrumentalities, and employees of
private organizations” to assist the Census Bureau in
performing work authorized under Title 13, but only if such
temporary staff swear to observe the confidentiality
requirements of Section 9.
Section 9 also prohibits census reports collected from
individuals or establishments from being admitted as
“evidence or used for any purpose in any action, suit, or
other judicial or administrative proceeding” without their
consent.
Federal Statistical Research Data Centers
Certain restricted-use data are accessible to researchers at
Federal Statistical Research Data Centers (FSRDCs)
established across the continental United States. FSRDCs
are intended to serve as secure hubs for members of the
public to access certain confidential information.
In order to gain access to FSRDCs, researchers must
complete a standard application process (SAP), which
includes completing a background investigation and
fingerprinting in order to obtain special sworn status (SSS).
As part of the SAP, researchers must be associated with an
approved project. According to the SAP portal, the access
application process can take an expected 12 to 24 weeks for
