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Data Protection and the 1921 Census

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Re: Data Protection and the 1921 Census

Postby Guy » Fri Mar 01, 2019 7:55 am

ewanarm wrote:The 1921 Census will be released in 2022. It's information is covered by the 1920 Census Act which stated it must stay closed for 100 years. Find My Past has been awarded the contract.

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Forget about 100 years the Census Act 1920 did not mention 100 years and does not have the authority of law (statute).

https://tinyurl.com/y29a9yoa

The Census (Confidentiality) Act 1991, which amends the 1920 Census Act, makes it an offence for the Registrar General or any person under his/her control or who supplies services to them to disclose and personal census information.

https://tinyurl.com/y5jr3nkw

Again no time limit is placed on the non-disclosure clause.

The 100 years legislation did not appear until 1966 under a Statutory Instrument number 12.
That legislation was repealed in 2000 under the Freedom of Information Act, meaning it no longer applies.

Control of the census was removed from the Registrar General and given to the the Statistics Board who were also given authority to make powers to release information from census. I tried to raise interest in the genealogical community in 2010 to attempt to get the 1921 census released but there was little interest so I dropped the idea as it would have required public interest to get the Statistics Board to use their powers, the same powers that will be used to release other later census when they decide they want those census released.

There were no sensitive questions on the schedule-
Name & Surname, Relationship to Head, Age, Sex, Married or Orphaned, Birthplace, Nationality, School, Occupation, Employment, Place of work, Total Children Under 15, Ages of Children

Here is a final thought-
At the time of the census in 1921 the history of release of census was that only six out of the 15 pre-1910 United Kingdom censuses had been closed for 100 years.
The details of nine out of 15 had been released after less than 90 years.
The average closure period for censuses in Britain was 80 years .

That means if our ancestors thought about the confidentiality of the census the would know that the previous census were closed on average for 80 years not 100 years.

Cheers
Guy
As we have gained from the past, we owe the future a debt, which we pay by sharing today.
Guy
 
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Re: Data Protection and the 1921 Census

Postby junkers » Mon May 06, 2019 8:28 pm

Guy is quite right about the 100-year rule and the release in January 2022 is wrong as the 100 years plus one year in now consigned to history and the article in WDYTYA Magazine (April 2019) from the Office of National Statistics on the release is clearly wrong, in fact The National Archives are hanging on to files they have no legal authority to do so. The more enlightened view has come from Scotland where their 1921 Census will be released after 100 years and one day. The National Archives have spent 10 months after when the contract was to run (from May 2018) to award the contract, goodness knows what they have been doing during this time. Find My Past (who have done the 1939 Register and what a mess that is) will eventually have competitors as under EU law there is a right to re-use public sector information. I don't agree with the point about releasing the Census earlier than June 2021 as there may be sensitive comments about individuals but you can't go through about 30 million entries to see them. The bad news is that this will be the last Census to be released for England and Wales until 2052, but Scotland still have their 1931 Census records, safety of records is paramount.
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Re: Data Protection and the 1921 Census

Postby Guy » Tue May 07, 2019 5:54 am

junkers wrote: I don't agree with the point about releasing the Census earlier than June 2021 as there may be sensitive comments about individuals but you can't go through about 30 million entries to see them. The bad news is that this will be the last Census to be released for England and Wales until 2052, but Scotland still have their 1931 Census records, safety of records is paramount.


If that was the case then the householder could have opted out as the householder had the right to make a confidential return.
As I have stated before Parliament was lied to when considering whether census returns should be excluded from the Public Records Act and decided on withholding the census based on lies and misinformation.

“The Census Regulations, 1921
[14 February 1921]
1921. No. 195
THE CENSUS REGULATIONS, 1921, DATED FEBRUARY 14, 1921, MADE BY THE MINISTER OF HEALTH UNDER SECTION 3 (1) OF THE CENSUS ACT, 1920 (10 & 11 GEO. 5, C. 41), FOR THE PURPOSE OF ENABLING THE CENSUS ORDER, 1920, TO BE CARRIED INTO EFFECT. (a)

7. (1) Where any person being of full age who is mentioned in paragraphs (1) and (2) of the first column of the First Schedule to the Order serves upon the Enumerator in person upon his attending at any premises to deliver the form of return a claim on the form provided for the purpose to be allowed to make a confidential return, the Enumerator shall deliver to such person a separate form of return and shall, upon delivering the form of return to the prescribed person who would but for such claim be required to make a return in respect of the person claiming, give notice of the claim to the prescribed person.
(2) Where such claim and notice have been duly served the prescribed person to whom notice is given shall not be required to include in his return any particulars with respect to the person claiming other than the name of such person and the relation in which he stands to the prescribed person, and the person so claiming shall be deemed to be the prescribed person with respect to himself and shall, in making his return, state therein the name of the person who but for the claim would have been required to make the return.”

Cheers
Guy
As we have gained from the past, we owe the future a debt, which we pay by sharing today.
Guy
 
Posts: 365
Joined: Thu Jul 09, 2009 3:56 pm

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