BALANCING CONFIDENTIALITY AND BURDEN CONCERNS IN CENSUSES AND SURVEYS OF LARGE BUSINESSES
Elizabeth Nichols and Diane Willimack(1)
U.S. Census Bureau, Washington D.C. 20233 Abstract Government statistical agencies such as the Census Bureau go to great lengths to make sure data collected are kept
strictly confidential, and sharing of data between government agencies is severely restricted. Discussions of
confidentiality of business data typically ignore concerns about the burden placed on companies that supply data to
multiple government agencies. From the perspective of many large companies, however, burden is of great concern
since these companies, because of their size, are respondents in multiple surveys. This paper describes findings from
qualitative research on the topic of confidentiality and reporting burden from the perspective of 30 large companies.
Companies acknowledged their data are confidential, but much of what we ask typically has been released earlier to
shareholders and upper management. Companies put much more emphasis on the number of survey requests placed
on them, since many of them seemed to ask for 'similar information' from their perspective. Large companies generally
supported data sharing among statistical agencies under well-specified conditions and with rigorous security and
confidentiality provisions in place. They only saw value in this sharing, however, if it reduced the reporting burden
placed on them. Key Words: Confidentiality, Respondent Burden, Business Surveys, Qualitative Research Introduction Recent media coverage has highlighted instances where information about individuals has been
shared by private sector organizations with other organizations without the individual's consent. The
resulting growing concern among the general public about the sharing of personal information could
possibly affect participation in government agency statistical data collections, even though there are
no documented instances of illegal data sharing by these agencies. Research has shown that
promises of confidentiality improve cooperation, and methodologists have argued that breaches of
confidentiality would lead to significantly reduced respondent cooperation (Dillman et al., 1996;
Meyers & Oliver, 1978; National Research Council, 1979; Reamer, 1979; Singer, 1978, 1993;
Singer, Von Thurn & Miller, 1995). At the U.S. Census Bureau most data are collected under strict confidentiality agreement, with legal
protections under Title 13, section 9. This prohibits dissemination of data in a manner that allows
identification of the respondent or is in any way be harmful to him as defined by the President's
Commission on Federal Statistics (1971). This prohibition pertains to nonsworn individuals in the
public and in other government agencies. Other government and nongovernment data collection
agencies use variations of similar agreements (Federal Committee on Statistical Methodology,
1994). Typically, confidentiality laws that govern large governmental statistical agencies do not
distinguish between individuals, households and establishments. As an example, U.S.C. Title 13
which governs most Census Bureau surveys makes no such distinction. Government data collection agencies including the Census Bureau and the Bureau of Labor Statistics
(BLS) devote significant resources to maintaining confidentiality of the data collected. Much of the
literature has focused on methods for keeping business and household data confidential, such as the
use of restrictions, disclosure limitations and laws (Bulmer, 1979; Butz, 1985; Choldin, 1988; Cox
et al., 1985; National Research Council, 1993; Cecil, 1993; Federal Committee on Statistical
Methodology, 1994). Unfortunately, studies conducted by the Census Bureau confirm that the public either is unaware of
the agency's stringent confidentiality standards or do not believe them (Clark, internal memorandum,
1997; Singer et al., 1997; Gates & Bolton, 1998). Much of this research is limited to individual and
household level data collection. As a byproduct of two economic response behavior studies, we've
gathered some information on knowledge of census confidentiality rules from small business firms.
Approximately half of the small single-location firms surveyed in December 1987 prior to the 1987
Economic Census thought that census data about individual companies were kept confidential and
30% claimed not to know whether they were kept confidential or not. Even after promotional and
outreach activities attempting to increase knowledge, knowledge of confidentiality rules increased
only modestly, to around 60%, with 20% still unsure whether data are kept confidential (Zeisset et
al., 1990). Similar percentages were found by Vacca (1990) who surveyed farmers about the 1987
Census of Agriculture. Ethicists claim, and the courts have agreed, that individuals have a right to privacy. Moreover, there
is clearly some information that even large businesses consider proprietary, such as the development
of new products and services or strategic plans. Efforts by governmental regulatory agencies or
competitors to obtain such information have clearly been thwarted by the use of provisions in Title
13 (Corcoran, 1963). Such information, however, is not the kind of information normally obtained
by the Census Bureau or other government statistical data collectors. Certainly, other competitive
information collected by the Census Bureau, such as revenue from individual stores, is also
considered confidential by the company. The current confidentiality rules the Census Bureau
maintains, which apply to all topics and all reporting units, whether they are businesses or
individuals, is the most conservative course. A blind application to businesses of the same
confidentiality rules and procedures that the Census Bureau currently applies to individuals fails to
pay sufficient attention to possible differences between the two - differences which might argue for
different confidentiality treatments. One important difference is the level of public information available about businesses, as compared
to individuals. Publicly owned companies are required to publish substantial information about their
business. This information is provided, among other ways, in the 10K reports that the business
submits to the Securities and Exchange Commission (SEC) and is available publicly. Thus, some
data on businesses collected for regulatory purposes are considered public and are not collected
under a pledge of confidentiality (Federal Committee on Statistical Methodology, 1994). Very often
this level of information is available on company Web sites, making the availability worldwide and
relatively simple to access. Even private and small firms have Web sites, but these do not typically
reveal the level of detail provided by public companies. Edwards and Cantor (1991) suggest these
latter businesses (individual proprietors such as farm operators) are more like individuals and
households in the level of data maintained out of the public eye, and perhaps have some of the same
privacy concerns as individuals. Another distinction between businesses and households is their required level of participation in
survey requests. An unintended consequence of the confidentiality regulations is that a business may
be required to provide the same, or virtually the same information to multiple government agencies.
For example the current application of the law prevents building a common business frame across
statistical agencies (Jabine, 1993), and requires several agencies to independently obtain listings of
establishments. The burden is especially onerous for large businesses because, for reasons of sample
efficiency, they are included with certainty or with very high probabilities in every applicable survey
across statistical agencies. This fact was recognized by the National Performance Review (1993),
which urged the elimination of barriers to the exchange of business data among federal statistical
agencies, especially the Census Bureau, the BLS and the Bureau of Economic Analysis (BEA).
Indeed, some limited exchange of information between the Census Bureau and other agencies is
already permitted (Trott, 1995; Jabine, 1993). In contrast, for respondent burden reasons, the Census Bureau makes a great effort not to select a
household for more than one demographic survey. Of course all households are in the decennial
census, and many need to complete a tax return annually, but generally a household's probability
of selection into a government statistical agency survey is relatively low. Requested participation
in more than one survey is almost unheard of. Thus, imposition of greater reporting burden which
affects businesses, especially large businesses, and is due in part to current confidentiality
regulations, does not affect households to the same extent. Aside from the ethical issues of data confidentiality for large companies, there is the practical
question of whether promises of confidentiality increase cooperation. For instance, rather than
increasing cooperation, maintaining our current level of confidentiality (which restricts data sharing)
may decrease cooperation from large businesses by increasing reporting burden. As indicated in the
previous paragraph, respondent burden is less highly related to confidentiality for individuals,
although even for them it is noted that cooperation is reduced if the introductory statements, which
typically contain confidentiality assurances, are time consuming and thus burdensome (Groves &
Couper, 1998). Business Attitudes Toward Confidentiality & Burden As a first step in research to understand and reduce respondent burden in large multi-unit businesses,
the Census Bureau conducted unstructured qualitative interviews with corporate office data providers
from 30 large multi-unit businesses during 1998-99. The initial study was limited to large
businesses since they account for a very high fraction of the estimates reported by the Census Bureau
and are believed to face more complex statistical reporting issues than smaller companies. The 30
businesses were selected judgmentally to represent a broad range of industries and other
characteristics of large businesses. Most were publicly owned and report to multiple governmental
taxing and regulatory agencies, including the Internal Revenue Service (IRS) and SEC. A range of
issues was discussed, including the businesses' organizational structure, the availability of requested
data in their information systems and more detailed questions pertaining to the reporting process and
specific Census Bureau survey requests. These were all framed within the context of the visit, to
find ways to reduce reporting burden. We also discussed the companies' perception of our
confidentiality rules, the confidentiality of the data we request, and how this relates to the different
requests made on them. We caution that the results of this research are qualitative. More research is required to confirm the
results we report. In addition, these companies do not represent medium and smaller-sized
businesses, which may have different concerns such as the relevancy of the data collection to
themselves and their business. Also, the main focus of the meeting was not on confidentiality;
although we mentioned the topic in the agenda we sent prior to our visit, the time devoted to that
discussion was limited. Given these disclaimers, the following responses were consistent across
companies visited and demonstrate relationships between maintaining confidentiality and possible
burden reduction. Repeatedly, data providers in these large businesses complained about duplication of effort and the
burden of having to provide the same information to multiple government agencies. They made
comments like, "How many times do we have to report our net revenues?" The perception of
duplicate data requests was common, especially among public companies with many outside data
requests placed on them. Typically, the responsibility for providing the data falls on a unit within
the Accounting, Finance or Controller's Office. This unit responds to internal management requests,
external requests placed by statistical agencies, and, if applicable, the SEC, the Federal Trade
Commission (FTC), stock analyst and trade association requests. Each survey is seen as adding to the burden. The common question asked was, "Why can't you guys
get your act together?" The "you guys" comment was directed toward "the government" in general
and not just the Census Bureau. Companies did not appear to distinguish between the Census
Bureau, Energy Information Administration, BLS, BEA, and the Department of Transportation. To
manage this activity, a few companies compile a list of surveys and survey sponsors. Very often a
survey from one agency was incorrectly attributed to a different agency. This held especially true
for agencies under the same department, such as BEA and the Census Bureau, which are both within
the Department of Commerce. More than one company was surprised when told that BEA and the
Census Bureau did not regularly exchange data. Companies distinguished between government
agencies like the Census Bureau that gather information for statistical purposes, and agencies like
IRS that gather data for taxation purposes, most likely because another group of company
accountants completed IRS requests, and because there are different penalties associated with these
requests. Another regulatory agency, the SEC, was also seen as a different entity, even though the
company staff with whom we met were the people who completed that request. This "government" view also became apparent when we asked the question, "Do you believe that
all government agencies use the same confidentiality rules?" It was obvious that none of these
companies had ever thought about possible differences between the confidentiality rules. Often,
company respondents offered a guess and we had to assure them this was not a trick question.
Companies thought we used the same confidentiality rules or they claimed not to know, both of
which implied that these companies did not have a full understanding of the Census Bureau's or
other agencies' confidentiality pledges. One company hoped the rules were the same. This is not to say that companies did not claim to have a basic level of trust in the Census Bureau's
confidentiality pledge. When asked, "Do you have any concerns about the level of confidentiality
the Census Bureau currently maintains?" most often the answer was no. Frequently, however,
companies offered their response along with the comment that they hadn't heard of any data leaks.
It was obvious that many respondents had not thought about our confidentiality rules before our visit,
and in one company, the printed rule had to be pointed out to the respondent. In addition, some
companies acknowledged (especially for our monthly or quarterly indicator reports) that they
actually hold up release of the data to the Census Bureau until the release of that data to management
and/or stockholders (if applicable). Even though they claim not to have concerns about the level of
confidentiality maintained, actions like holding up a data release indicate some level of discomfort
with or ignorance of our confidentiality rules.(2) At the very least these companies were very prudent
and would much rather be safe than sorry. This policy of holding up release of data, however, did
not pertain just to government data requests. Rather, it was enacted across all data requests. The
companies' first priority was to make sure audited figures agreed and that management had time to
review them. Once data had been reviewed and distributed to the priority customers, like
management and stockholders (for public companies), the data were considered public to an extent
and could be released to others. Most companies acknowledged that the type of information we request is confidential, but much of
it is typically something they provide to others, either management and analyst requests or other
regulatory requests. A typical comment was, "Most of the data the Census Bureau wants we already
provide to the SEC and in our annual reports." So when asked, "Are there any data that you do not
provide [to the Census Bureau] because your company considers this information to be confidential
or proprietary?" the typical response was that if the Census Bureau requests the data, and the
company has the data, they report it, especially if it is already in the public domain. Sometimes the
detailed data required in some censuses and surveys could reveal information about a company's
strategic planning. While this level of information is available to management, it is not usually
available publicly. For instance, retail companies consider individual store revenue of strategic
importance. Contracting/consulting companies consider rate structures for services or profit margins
confidential. Although the Census Bureau does not specifically ask for these type of data, similar
data (e.g., gross margins) could possibly be calculated indirectly or modeled by some of the
information collected. Requests for very detailed information are problematic for other reasons as well. The very detailed
data are often unavailable from the businesses' corporate information systems. As a rough rule of
thumb, summarized information based on data available from the business' general ledger, used to
create income statements and balance sheets, is both easy to obtain and considered fairly public.
Information from sub-ledgers or individual locations is more difficult to obtain and is more likely
to be considered confidential. Only a few companies claimed they do not have a problem with our
confidentiality rules because the Census Bureau does not request information of a strategic
importance. Greater concern about confidentiality was expressed by companies in very competitive markets and
from two companies that had past internal data leaking experiences (not from the federal statistical
agencies). Interestingly, the relatively few (i.e., four) large private companies visited provided the
same type of responses presented by the public companies. Although one was extremely concerned
about revealing information of strategic importance and was protective of what was said, even during
the visit, others adopted an attitude similar to the public companies. Even private companies are
subjected to some federal regulations, requiring reporting to regulators and to debt holders. Such
data are not considered confidential. It is difficult to generalize for private companies, however,
since we visited only four. Even when there were some concerns expressed about confidentiality, companies generally placed
much more stress on reporting burden issues. As our final question during the confidentiality portion
of our visit we asked, "To reduce reporting burden on your company, it has been suggested that
multiple government agencies share common data collected from a company, which means you
would provide the data only once. What are your thoughts about that? What protections would you
want to see if such a system were established?" Large companies generally supported data sharing
among statistical agencies under well-specified conditions and with rigorous security and
confidentiality provisions in place. To them, it is a single federal agency. They only saw value in
this sharing, however, if it reduced the reporting burden placed on them. This sentiment influenced
two of the four companies that did not support the data sharing idea. Neither one experienced a lot
of duplicate data requests. Smaller firms might not see as large a benefit to data sharing for the same
reason. Companies acknowledged that the wider the access, the greater chance there is of leaks and of
misinterpretation. To make data sharing work, companies requested several restrictions. The data
sharing should involve strict security pledges. The requests need to be coordinated so the different
agencies ask for, use, and interpret the data in the same fashion. The company comment, "You got
five people that want it five different ways" highlights the problem of different agencies asking for
the same general data, but in slightly different ways. It is clear that there is a company perception
of duplicate data requests, perhaps even when agencies correctly claim there is not a lot of exact
duplication. Companies were cognizant of the necessity for a government infrastructure to support such an
endeavor. This would include coordination of systems to access and use data, consistent formatting
of data for ease of compliance, and detailed metadata to ensure data are used correctly and eliminate
questions concerning the data provided. Companies wanted to be kept abreast of any changes to the agreement (e.g., new agencies gaining
access to the data), to restrict the agencies with access to the data (e.g., no IRS), and the purposes
for which the data would be used. They were perfectly willing to have the statistical agencies share
their data, but did not want these data shared with taxing agencies, and expressed mixed feelings
about sharing with other regulatory agencies like the Federal Trade Commission, since different staff
often provide information for statistical and legal purposes. Even though in theory, companies thought statistical agency data sharing was a great idea, they
acknowledged it will take work to implement. Several mentioned that different units within their
own organizations request similar data from their group. They were internally plagued by the same
duplicate data request problem that the federal government imposed on them. Ideas for Discussion At the end of one of our meetings, one company summarized the current situation, "... you
mentioned confidentiality and the sharing, what do we need to do to get that moving?" This section
presents some of the authors' ideas. We are no more than lay observers, who cannot speak officially
for the Census Bureau as to whether these ideas could, would, or even should be pursued because
of implementation and legality issues. In addition, these ideas did not originate from the companies,
although in some cases the implementation issues associated with them did. First, we point out that steps can be taken to reduce reporting burden which do not involve issues
of confidentiality or sharing across agency. If data are accessible on the Web, theoretically, a
company could grant several organizations access to the same password- protected Web accessible
data, thereby reducing reporting burden. We are well aware of the implementation challenges raised
by this approach. Reporting burden is not necessarily reduced, if the data set is accessible, but the
company had to create it with same number of items normally requested separately. Preliminary
work would need to be done to establish common definitions, reference periods and variables so that
the number of data items requested would actually be reduced. We also speculate there might be
confusion if the metadata associated with the data set was not thorough. Organizations could end
up using the wrong item and/or calling the business to verify the data. These result in either poor
estimates and/or more burden on the business. Most likely, one statistical agency would be in charge
of coordinating this request. Which one? Finally, the different agencies would need to have
appropriate hardware and software to access the data. As was apparent during preparation for our visits, the Census Bureau often makes multiple data
requests to large companies. It makes sense for each agency to "inventory" their own surveys for
any possible duplication of data items (such as payroll and employment) across requests and then
to conduct an inventory across agency. Investigating further the business respondents' perception
of duplication would identify the most problematic variables. Recently the interagency Cognitive
Applications for Establishment Surveys Working Group (2001) studied how the same concept was
operationalized in survey questions and instructions in four surveys at BLS and three surveys (or
censuses) at the U.S. Census Bureau (Fisher et al. 2001). The variables studied were total
employment, number of production (nonsupervisory) workers, and production (nonsupervisory)
worker hours. While the core definitions for the employment concepts were fairly consistent, the
two agencies differed markedly in how these definitions were conveyed to respondents in survey
questions and instructions, and different strategies for collecting these data were used. In addition,
"hours" were defined as either "hours worked" or "hours paid," depending on the survey and the
collecting agency. As expected, the reference periods for the surveys varied - one survey was
monthly, the others were annual - and the reference dates were typically framed in terms of the pay
period which included the 12th of a particular month. These variations in question wording, order
and structure certainly would contribute to business perceptions of "You got five people who want
it five different ways." In an attempt to evaluate whether the differences in question-asking strategies impacted the data
collected, manufacturing sector data series for these variables were compared across the two
agencies. Although the various series required some manipulation in order to compare them,
minimal differences were found in estimates of total employment and the hours worked/paid ratio
(for most industries, they were within �5%). However, differences in estimates of the number of
production workers were much more variable, and the reasons were indeterminate. This study shows
that the underlying definitions of several basic economic concepts are the same across
surveys/agencies. Evaluating more data items from more agencies would be useful. Measurement
error studies in which individual survey responses are compared across surveys and agencies for a
matched sample of businesses would measure the impact of different questioning strategies on
reported data. This would help identify where modifications could be made in questions/instructions
to reduce respondent burden, while having minimal effects on estimates. Another possible avenue to reducing reporting burden is through the use of administrative records.
For small companies, the Census Bureau already obtains data from administrative records. Based
on our visits, the business' perception is that much of what they provide is already public, either on
the Web page or provided to the SEC. Here too there is some implementation difficulty. Although
some of what the Census Bureau requests could perhaps be found publicly, there certainly would be
metadata issues associated with that information, especially distinguishing foreign from domestic
components for these large companies. Secondly, public data sources do not contain the detailed
information that is typically found in some Census Bureau requests for multi-unit businesses, such
as sales, employment or payroll for individual locations/establishments. We suspect that eliminating
these data would have implications for important economic indicators. Another idea is to implement more traditional notions of data sharing across statistical agencies.
Allowing data sharing of all or selected large public business economic data among federal statistical
agencies does, in theory, appear to potentially benefit the data providers by reducing their burden.
As our visit discussions indicated, these large companies see the potential benefits of data sharing
in terms of reduced reporting burden and appear to be willing to work with the federal agencies to
achieve it. As indicated earlier, we speculate there is not as much advantage in this for individuals
and households, small and medium-sized businesses, who might therefore not be as willing
participants. In fact, knowledge of data sharing might potentially have harmful effects on these
respondents in terms of reduced cooperation rates. If large business data sharing were to take place,
studies are needed to determine whether this would benefit the data collectors by increased
cooperation, timeliness, and accuracy. Studies are also needed to insure changes in economic data
sharing policy do not have a negative impact on household cooperation due to media misperceptions
of our policy. The most obvious implementation issue is how to achieve data sharing legally. BLS and the Census
Bureau abide under different confidentiality provisions, where the Census Bureau cannot share data
without changes in the law. The BLS however operates under a Commissioner's Confidentiality
Order, which has been cited in withholding information. Its intent is to protect the confidentiality
of information received from the states. Both agencies also protect information under the Privacy
Act. Nevertheless, as we noted, businesses believe that all government statistical agencies abide by
the same confidentiality laws. It is our understanding that two years ago, a proposed legislative bill,
H.R. 2885, the Statistical Efficiency Act, sought to enhance the confidential treatment of information
provided to Federal statistical agencies and facilitate the sharing of information among those
agencies for statistical purposes. Another active proposal would extend confidentiality protections
to all federal statistical agencies, but not providing for data sharing. None of them has, as yet,
become law. The likelihood of any approval of data sharing in the near future is uncertain. There is a need to acquire industry champions to support the legislation. Additionally, the opinions
and attitudes we obtained from 30 companies is most likely the type of information needed on a
larger scale in order to pass any new legislation. In addition to knowing the types of data which are,
and are not, of strategic importance or confidential, we need to know whether there are particular
time periods for which businesses consider data to be no longer confidential or of strategic
importance. This type of information could also help shape any changes to the confidentiality laws
for future data collections. Since we are not legal experts, we question whether there would be a need for changes in the
confidentiality laws. Could data sharing of business data among federal agencies take place if such
sharing is specifically requested by that business? This would most likely require a written consent
or waiver by the company. Jabine (1993), however, cites two Census Bureau examples in which
OMB refused to grant release of individual information collected under Title 13, even though a
waiver was obtained. If data sharing were to take place, the companies we visited indicated several implementation issues
to be addressed in order for them to willingly take part. As with the password-protected Web site
idea, there still would need to be coordination across agencies so that the same variables are
requested, there would be a need for a government infrastructure to facilitate the data sharing, and
there would be a need for good documentation or metadata. In addition, since the data sharing would
no longer be in the companies' control, they requested (1) new laws or regulations which specify
the level of security and confidentiality that applies to anyone with access to the data; (2) joint
agreement concerning access to the data; (3) clear communication to the companies of these
parameters and any future modifications; and finally (4) proof to the companies that this does indeed
reduce reporting burden. The status quo, which stresses confidentiality at the expense of respondent burden, is clearly not
preferred by most large businesses who are basically responsible for the overall quality of economic
data obtained. A solution that reduces burden needs to be found. At the very least, our work to date
suggests that researchers cannot treat confidentiality as a single, undifferentiated concept, but will
need to distinguish between individuals and businesses, between larger and smaller businesses,
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800-828. 1. This paper reports the results of research and analysis undertaken by Census Bureau staff and the late Dr.
Seymour Sudman, a Walter Stellner Professor of Business Administration at the University of Illinois at
Urbana/Champaign. It has undergone a Census Bureau review more limited in scope than that given to official
Census Bureau publications. This report is released to inform interested parties of ongoing research and to
encourage discussion of work in progress. The authors thank Gerald Gates and Rebecca Morrison for their review,
and Thomas Mesenbourg, Nancy Kirkendall, and Jeffrey Moore for their review of a similar paper presented at a
Washington Statistical Society seminar.
2. One member of the AEA panel of the Census Advisory Committee of Professional Associations mentioned a law or regulation that forbids release of certain data to anyone prior to the release to stockholders. We have been unable to research and identify this law.