Guam § 1107 - Research and Statistics.

§ 1107. Research and Statistics.

Notwithstanding any other provision of law, all information,

statistics, or data obtained pursuant to a request by the

Government, and submitted voluntarily by individuals,

organizations, companies or other private entities, and not

otherwise compelled by any law, rule or regulation, shall be held

in full confidence and not subject to the open government law.

(a) The Director shall make studies and investigations,

collect and compile statistical information, and report upon

the conditions of labor generally. Such studies may include,

but are not limited to, studies of employment and

unemployment, labor supply, manpower development and

training, wages and hours, industrial relations, working and

living conditions, cost of living and prices.

(b) The Director may, with the approval of I Maga’lahi

(the Governor), enter into cooperative arrangements with the

Director of the Bureau of Statistics and Plans and/or the

Guam Economic Development Authority of the government

of Guam for the performance by authorized representatives

of the Bureau of Statistics and Plans and/or the Guam

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Economic Development Authority of any duties prescribed

in this Section. The performance of duties so delegated to the

Bureau of Statistics and Plans and/or the Guam Economic

Development Authority shall be subject to the provisions of

Title 5, Guam Code Annotated.

(c) Confidentiality Pledge. The Department of Labor

shall, in all correspondence relative to the submission of

statistical information, keep such information confidential

when requested by the Government, and when such

information is to be held confidential, such Confidentiality

Pledge shall read as follows:

“The Department of Labor, its employees, agents,

and partner statistical agencies, will use the

information you provide for statistical purposes

only, and will hold such information in confidence

to the full extent permitted by law. In accordance

with the Department of Labor Confidentiality Act

(22 GCA, Ch. 1, § 1111), our responses will not be

disclosed in identifiable form without your

informed consent.”

(d) Confidentiality of Information. Neither the Director

of the Department of Labor, nor any employee of the

Department of Labor and the Bureau of Statistics and Plans,

to include any bureau, office, or agency thereof, and except

as otherwise provided by law, may:

(1) use the information furnished under the

provisions of this Article for any purpose other than the

statistical purpose for which it is supplied;

(2) make any publication whereby the data

furnished by any particular establishment or individual

under this Article can be identified, without informed

consent; or

(3) permit anyone other than the sworn officers and

employees of the Department of Labor, or bureau,

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office, or agency therefor to examine the individual

reports.

(e) Disclosure to partner statistical agencies is limited to

statistical purposes, and only if the statistical agency has

statutory confidentiality protections immune from legal

process and disclosure under freedom of information acts.

(f) Disclosure of Information. No department, bureau,

agency, officer, or employee of the government, may require,

for any reason, copies of census reports or statistical

information which have been retained by any such

establishment or individual. Copies of census reports and

statistical information which have been so retained shall be

immune from legal process, and shall not, without the

consent of the individual or establishment concerned, be

admitted as evidence or used for any purpose in any action,

suit or other judicial or administrative proceeding.

(g) Fines and Penalties. Whoever, being an officer,

employee, or agent of an agency acquiring information for

exclusively statistical purposes, comes into possession of

such information by reason of his or her being an officer,

employee, or agent and, knowing that the disclosure of the

specific information is prohibited under the provisions of this

Title, willingly discloses the information in any manner to a

person or agency not entitled to receive it, shall be fined not

more than One Thousand Dollars ($1,000.00), or imprisoned

not more than one (1) year, or both.