Census delivery contract
99. The three UK Census Authorities, the ONS (for
England and Wales), the General Register Office for Scotland and
the Northern Ireland Statistics and Research Agency shortlisted
two companies for the final phase of negotiations to find the
supplier to help deliver the 2011 Census data capture and associated
100. The procurement is a joint process for the UK
Census Authorities which are looking for one contractor to provide
the service for both the Census Rehearsal in 2009 and the full
Census in 2011. The eventual contractor's role would be to provide
systems and services to assist with the collection and capture
of data from the questionnaire. This would include managing the
interfaces between the various services which will be carried
out by other contractors. Lockheed Martin and T-Systems will
be involved in further discussions and negotiations to refine
requirements and costs which will lead to a best and final offer.
101. Both firms were involved in the 2007 Census
Test. The main purpose of the Test was to examine the implications
of the possible questionnaire and the 'post-out, post back' procedures.
Lockheed Martin had responsibility for the printing of forms,
delivery and data capture. T-Systems looked after the call centre,
and operational intelligence which provided management information
about the returned questionnaires to HQ and staff in the field.
Both companies used a consortium of mostly UK-based companies
to support their work.
102. Lockheed Martin, one of the bidders for the
2011 delivery contract, has been the subject of an internet campaign
to prevent it securing the delivery contract. The protesters are
concerned that once census data entered the United States, it
may be subject to forcible disclosure under the Patriot Act 2002.
 The Act
could require Lockheed Martin to provide information which they
have gained through the UK census to the United States authorities.
Lockheed Martin was involved in carrying out the 2006 Census in
Canada and protests there led to the creation of a new privacy
task force during the Census.
103. Ms Matheson told the Sub-Committee that the
ONS was "aware of the Patriot Act of course and have discussed
the Patriot Act with both the potential suppliers. We are in a
procurement phase at the moment so I do not want to say too much
more about that but we have had discussions with them and we are
taking legal advice with a view to making sure that the commitment
we give to census form fillers is one that we can abide by, that
is, that the data are kept confidential and secure for 100 years."
104. American Bar Association's Human Rights Magazine,
argued that the definition of "foreign intelligence information"
contained in the Patriot Act was quite broad. Foreign intelligence
is defined to mean "information relating to the capabilities,
intentions, or activities of foreign governments or elements thereof,
foreign organizations, or foreign persons or international terrorist
activities." The definition goes on to specifically include
information about a US person that concerns a foreign power or
foreign territory and "relates to the national defense or
the security of the United States" or "the conduct of
the foreign affairs of the United States." 
105. The Exchequer Secretary wrote to the Sub-Committee
to clarify the issue:
The procurement process for the support service for
the 2011 Census is currently ongoing, so I am not in a position
to comment on the detail of the bids. However, I can assure you
that the eventual contract that ONS places with the successful
bidder will have sufficient provisions to ensure that the service
provider will, at no stage, allow the removal from the United
Kingdom of any completed paper questionnaire, or any electronic
data or images that could in any way identify an individual. Both
the warehouse and the processing centre will be located within
the United Kingdom.
The contract will be written specifically to warrant
that the service provider protects the confidentiality, integrity
and availability of confidential information, personal data and
Census data. By providing this they must install security measures
that comply with UK HMG specifications for RESTRICTED (Baseline)
remain concerned that the personal information gathered through
the 2011 Census could be subject to the United States Patriot
Act and therefore we ask the Government to take clear legal advice
and advice from the US State Department and to publish it in response
to this Report.