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Maltese Laws |
FREEDOM OF INFORMATION ACT
To establish a right to information held by public authorities in order to promote added transparency and accountability in government.
ACT XVI of 2008.
31st July, 2009;
21st April, 2010
ARRANGEMENT OF ACT
Articles | ||
Part I | Preliminary and Declaration of Principles | 1 - 5 |
Part II | Submission and Handling of Requests for Information | 6 - 16 |
Part III | Access to Certain Documents | 17 - 20 |
Part IV | The Information and Data Protection Commissioner | 21 - 28 |
Part V | Conclusive Reasons for not disclosing Official Documents under this Act | 29 - 34 |
Part VI | Other Reasons for Withholding Official Information | 35 - 38 |
Part VII | Further Provisions | 39 - 48 |
SCHEDULE
Freedom of Access to Information on the Environment (Amendment) Regulations, 2008
Short title and commencement.
PART I
PRELIMINARY AND DECLARATION OF PRINCIPLES
Act.
(2) This Act shall come into force on such a date as the Minister may by notice in the Gazette appoint, and different
dates may be so appointed for different provisions or different purposes of this Act.
Interpretation. 2. In this Act, unless the context otherwise requires:
"applicant" means, in relation to a request for the disclosure of a document in accordance with article 3, the person who
made that request;
"Comm i ssioner" m eans the Inform atio n and Data Prot ection
Cap. 440.
Commissioner appointed in term s of article 36 of the Data
Protection Act;
"decision notice" has the meaning given by article 23;
"document" means any article that is held by a public authority and on which information has been recorded in whatever
form, including electronic data, images, scale models and other visual representation s , an d audio or video reco rd ings, regardless
of whether the information can be read, seen, heard or retrieved with or without the aid of any other article or device;
"eligible person" means a person who is resident in Malta and who has been so resident in Malta for a period of at least
five years, and who is either a citizen of Malta or a citi zen of any oth e r member state of the European Union or a citizen of
any other state the citizens of which have a right, in virtue of any treaty between such state and the European Union, to be treated
in Malta in the same manner as citizens of member states of the European Union;
"enforcement notice" has the meaning given by article 25;
Cap. 460. "European Union" has the meaning given by the European Union
Act;
"exempt document" means a document which is not subject to disclosure under this Act in accordance with Parts V and VI;
"exempt matter" m e ans matter the inclusion of which in a document causes the document to be an exempt document;
"information notice" has the meaning given by article 24;
"Mi n ist e r" means t h e Minis t er res p onsi ble for fr eedom of information and data protection;
"Principal Permanent Secretary" means the officer appointed in
Cap. 497.
terms of article 14 of the Public Administration Act;
"public authority" means:
(a) the Government, including any ministry or department thereof;
(b) a Government agency established in terms of the
Public Administration Act or any other law; and
(c) any body established under any law, or any partnership or other body in which the Government of Malta, a Government agency or
any such body as aforesaid has a controlling interest or over which it has effective control;
"relevant public authority" means a public authority other than those mentioned in article 5;
"Tribunal" means the Information and Data Protection Appeals
Tribunal established under article 48 of the Data Protection Act.
(a) are held by a Local Council and are accordingly subject to article 45 of the Local Councils Act;
(b) are subject to the Freedom of Access to Information on the Environment Regulations or to any other regulations made under the Environment Protection Act and providing for freedom of access to information;
(c) have been transferred to the National Archives in accordance with the National Archives Act;
(d) are accessible to the public under any other law;
(e) are available for purchase by the public in accordance with arrangements made by a public authority; or
(f) are held by a commercial partnership in which the Government or another public authority has a controlling
interest, in so far as the documents in question relate to the commercial activities of the commercial partnership.
(2) This Act shall apply to documents to which subarticle (1) refers only in so far as may be provided for by any law governing
access to such documents.
(3) This Act shall not apply to documents in so far as such documents contain -
(a) personal data subject to the Data Protection Act; or
(b) information the disclosure of which is prohibited by any other law:
Cap. 497.
Cap. 440.
Right of access to official documents.
Access to documents other than through this Act.
Application of this
Act.
Cap. 363. S.L. 504.65
Cap. 435.
Cap. 477.
Cap. 440.
* Not yet in force.
Provided that where it is possible to release a document with such data or i n formatio n deleted, th is sh al l be do ne in accordance
with article 13(1) and (2).
(4) This Act shall not apply to documents held by: (a) the Electoral Commission;
(b) the Employment Commission;
(c) the Public Service Commission;
(d) the Office of the Attorney General; (e) the National Audit Office;
(f) the Security Service; or
(g) the Broadcasting Authority, in so far as such documents relate to its functions under article 119(1) of the Constitution; or
(h) the Ombudsman.
Manner in which requests for access shall be made.
Public authority’s duty to assist applicants.
PART II
SUBMISSION AND HANDLING OF REQUESTS FOR INFORMATION
(a) be delivered in writing, including by post or electronically, subject to paragraph (e), to an office of the public authority; and
(b) provide such information concerning the document as is reasonably necessary to enable a responsible officer of the public authority
to identify it; and
(c) include a copy of the applicant’s identity card or residence permit, or make reference to the identity card
or residence permit in such a way as may be specified by regulations issued under article 42(a);
(d) specify a postal address at which notices under this
Act may, if necessary, be sent to the applicant; and
(e) be accompanied by any fee payable in accordance with article 9(3).
(2) No applicant shall be required to justify or give any reasons for a request under this Act, and any beliefs of public authorities
as to what are the applicant’s reasons for seeking access shall not affect that request.
(a) wishes to make a request to a public authority; or
(b) has made to a public authority a request that does not comply with article 6,
it is the duty of the public authority to take reasonable steps to assist the person to make the request in a manner that complies
with article 6, and it shall do so at no charge.
(2) Any fee set by a public authority shall not exceed the cost o f m a king a docum ent available to the appli can t, w h ereas
if regulations issued as aforesaid prescribe a range of standard fees, such fees shall not exceed the average cost of making documents
available to applicants.
(3) Regulations issued as aforesaid may provide for the payment of a fee specifically for the processing of a request
for access t o docum ents, and for the paym ent of such a fee on presentation of the request.
(4) Where a public authority decides to charge an applicant a fee, it shall advise him accordingly and inform him that he has the
right to complain to the Commissioner under article 23 if he feels that the fee is excessive:
Provided that if the fee is a standard fee established by regulations under this Act, the Commissioner may in response to such
a complaint inquire only into whether the regulations have been correctly applied.
(5) A public authority may waive any fees payable in respect of a particular application if, in the opinion of the authority -
(a) the fee payable is so small as to be not worth collecting; or
(b) payment of the fee would cause financial hardship to the applicant, bearing in mind the applicant’s means and circumstances;
or
(c) disclosure of the information requested is in the public interest.
(6) Where a public authority fails to meet the time limit set by article 10 or, if applicable, article 11, it shall not charge
any fee for access to a document.
Transfer of requests.
Fees.
Decisions on and replies to requests.
* Not yet in force.
† Not yet in force.
‡ Not yet in force.
Extension of time limits.
Manner in which access may be granted.
with article 8 shall, as soon as reasonably practicable, and in any case not later than twenty working days after the day on which
the request is received by the authority -
(a) decide whether the request is to be granted and, if it is to be granted, in what manner and for what charge (if any); and
(b) inform the applicant accordingly in writing.
(a) the request is for a large number of documents or necessitates a search through a large number of documents,
and meeting the original time limit would unreasonably interfere with the operations of the public authority; or
(b) consultations necessary to make a decision on the request are such that a proper response to the request cannot reasonably
be made within the original time limit.
(2) Any extension under subarticle (1) shall be for a reasonable period of time having regard to the circumstances.
(3) The extension shall be effected by giving notice to the person who made the request within twenty working days after
the day on which the request is received, and the notice shall -
(a) specify the period of the extension; (b) give the reasons for the extension;
(c) state that the applicant has the right under article 23 to make a complaint to the Commissioner about the extension; and
(d) contain such other information as is necessary.
(a) by giving the applicant a reasonable opportunity to inspect the document; or
(b) by providing the applicant with a copy of the document; or
(c) in the case of a document that is a recording of sounds or visual images, by making arrangements for the applicant to
hear or view those sounds or visual images; or
(d) in the case of a document by which words are recorded in a manner in which they are capable of being
reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codified form, by
providing the applicant with a written transcript of the words recorded or contained in the document; or
(e) by giving an excerpt or summary of the contents.
(2) Subject to article 13, the public authority shall make the document available to the applicant in the way preferred by the
applicant unless to do so would -
(a) impair efficient administration; or
(b) be contrary to any legal duty of the public authority in respect of the document; or
(c) prejudice the interests protected by Part V and Part VI and (in the case of the interests protected by Part VI) those interests
are not outweighed by a contrary public interest.
(3) Where access is not granted in the way preferred by the applicant, the public authority shall give to the applicant the reason
for not providing the information in that way and state that the applicant has the right under article 23 to make a complaint thereon
to the Commissioner.
(a) it is possible for the public authority to make a copy of the document with the deletion of the exempt matter; and
(b) it is reasonably practical for the public authority, having regard to the nature and extent of the work involved
in deciding on and making those deletions and the resources available for that work, to make such a copy,
the public auth ority shall make such a co py available to t h e applicant.
(2) Where access is granted to a copy of a document in accordance with subarticle (1), the applicant shall be informed
-
(a) that it is a copy;
(b) of the grounds for the deletions; and
(c) that the applicant has the right under article 23 to make a complaint to the Commissioner about the deletions.
(3) Where a document (not being an exempt document) contains material that is irrelevant to the applicant’s request,
the public authority may, if possible and reasonably practical and if the applicant agrees, make available to th e app lican t a
copy of th e document with the irrelevant material deleted; but a document may not be withheld on the grounds that it contains irrelevant
material
Deletion of exempt matter or irrelevant material.
Reasons for refusal of requests.
Reason for refusal to be given.
which cannot be deleted.
(a) that the document requested is excluded from the scope of this Act by virtue of article 5;
(b) that, by virtue of Part V or Part VI, there is good reason for withholding the document requested;
(c) that, by virtue of article 34, the public authority does not confirm or deny the existence or non-existence of the document
requested;
(d) that the document requested is publicly available or will be published within three months;
(e) that the document requested cannot be found, and this is certified in writing by the head of the public authority;
(f) that the resources required to -
(i) identify, locate or collate a document or documents;
(ii) examine a document or consult any person or body in relation to its possible disclosure; or
(iii) make a copy, or an edited copy, of a document,
would substantially and unreasonably divert the resources of the public authority from its other operations,
and it has not proved possible for the applicant, with advice from the public authority, to redefine his request
in such a manner as to make it more easily addressed by the authority;
(g) that the document requested is not held by the public authority and the person dealing with the request has no grounds for believing
that the document is held by, or connected more closely with the functions of, another public authority; or
(h) that the request is frivolous or vexatious or that the information requested is trivial.
(a) subject to article 34, give the applicant the reasons for the refusal; and
(b) state that the applicant has the right, under article 23, to seek an investigation and review by the Commissioner
of the refusal.
(2) A notice under this article is not required to contain any matt er that is of such a nature that it s in clusion in a do cument
would cause that document to be an exempt document.
16.* (1) A decision by a public authority in respect of a request under this Act shall, subject to article 6(c) of the Interpretation Act, be taken by -
(a) the head of the public authority or its governing board (as applicable), as identified in or established under the Public Administration Act or any other instrument to which the authority is subject; or
(b) an officer of the public authority, acting within the scope of the authority exercisable by him in accordance
with arrangements approved by the head of the authority or by its governing board.
(2) A decision to disclose or grant access to a document in accordance with this Act shall constitute authorised disclosure
in terms of the Official Secrets Act.
PART III
ACCESS TO CERTAIN DOCUMENTS
(a) a description of its structure, functions and responsibilities;
(b) a general description of the categories of documents held by it;
(c) a description of all manuals and similar types of documents which contain policies, principles, rules or guidelines in
accordance with which decisions or recommendations are made in respect of members of the public (including bodies corporate
and employees of the public authority in their personal capacity); and
(d) a statement of the information that needs to be available to members of the public who wish to obtain access to official
documents from the public authority, which statement shall include particulars of the officer or officers to whom requests for such
access should be sent.
(2) The Minister may, by regulations issued in consultation wit h th e Com m i ssion er, requi re relev a nt p ubl ic au
tho r it ies to publish information additional to that listed in subarticle (1).
(3) Each public authority shall update the material published in accordance with subarticles (1) and (2) at least annually, or
at more frequent intervals as m a y be es tablished by regulati ons issu ed under subarticle (2).
(4) Publication on an internet website or another electronic medium that is publicly accessible at all reasonable times
shall be sufficient to satisfy the requirements of this article, provided that the information published hereunder shall be made
available in
Decisions by pub- lic authorities under this Act. Cap. 249.
Cap. 497.
Cap. 50.
Publication of information by public authorities.
Right of access to certain official information.
Right of access to internal rules affecting decisions.
printed form to members of the public who so require it.
(5) Nothing in this article shall require the publication of information where there is good reason under this Act to withhold
it.
(a) services provided to the public by such bodies or persons on behalf of the Government or another public authority; or
(b) projects or initiatives which are undertaken by such bodies or persons but financed by the Government or another public authority.
(2) The giving of access to any information to which subarticle (1) applies shall be subject to the provisions of any regulations
made under this Act.
(2) The provisions of Part II other than articles 12 and 13 shall apply mutatis mutandis to a request made under subarticle (1).
(3) Where, by virtue of Part V and Part VI, there is good reason for withholding parts of a document to which subarticle (1) relates,
the public authority shall, unless it is impracticable to do so, either:
(a) make a copy of that document available with such deletions or alterations as are necessary; or
(b) provide another document stating the substance and effect of the document except as it relates to the information withheld.
(4) Where a document is made available in accordance with subarticle (3), the public authority shall -
(a) give to the applicant the reasons for withholding the information; and
(b) state that the applicant has the right, under article 23, to seek an investigation and review by the Commissioner
of the withholding of the information.
(a) the findings on material issues of fact; and
(b) subject to subarticle (2), a reference to the information on which the findings were based; and
(c) the reasons for the decision or recommendation.
(2) A reference to the information on which any findings were based need not be given under subarticle (1)(b) if -
(a) the disclosure of the information or of information identifying the person who supplied it, being evaluative
material, would breach an express or implied promise to the person who supplied the information to the effect
that the information, or his identity, or both would be held in confidence; or
(b) after consultation undertaken (where practicable) by or on behalf of the public authority with a natural person’s
medical practitioner, the public authority is satisfied that the information relates to that person and the disclosure of the information
(being information that relates to the physical or mental health of the person making the request under this article) would
be likely to prejudice the physical or mental health of that person; or
(c) in the case of a natural person under the age of eighteen, the disclosure of the information would be contrary to that
person’s interests; or
(d) the disclosure of the information (being information in respect of a person who has been convicted of an offence or is
or has been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of that
person.
(3) For the purposes of subarticle (2)(a), the term "evaluative material" means an assessment or opinion compiled solely -
(a) for the purpose of determining the suitability, eligibility or qualifications of the person to whom the material
relates for purposes relating to the award, continuation or cancellation of an appointment, a contract, an award, a
scholarship, an honour or any other benefit; or
(b) for the purpose of determining whether to insure any person or property or to continue or renew such insurance.
(4) The provisions of Part II other than articles 12 and 13 shall
Right of access by a person to reasons for decisions affecting that person.
apply mutatis mutandis to a request made under subarticle (1).
General functions of the Commissioner. Cap. 440.
PART IV
THE INFORMATION AND DATA PROTECTION COMMISSIONER
21. (1) In addition to his duties under the Data Protection Act it shall be the duty of the Commissioner to promote the observance by relevant public authorities of -
(a) the requirements of this Act; and
(b) the provisions of the code of practice issued under article 41.
(2) The Commissioner shall arrange for the dissemination in such form and manner as he conside r s appropriate of such i n form
ati on as it m a y ap pear to hi m exped i ent t o g i ve to the public -
(a) about the operation of this Act,
(b) about compliance with the law, and
(c) about other matters within the scope of his functions under this Act,
and he m ay give advice to any person or authorit y as to an y of those matters.
(3)* Without prejudice to articles 22, 24 and 25, the Commissioner may, with the consent or at the request of any public
authority, assess whether that authority is following good practice.
(4)† The Commissioner may charge such sums as he may, with the consent of the Minister, determine for any of the services provided by
the Commissioner under this article.
(5)‡ Within three months following the end of each calendar year the Commissioner shall prepare and submit to the Minister an annual
report on the workings of this Act during that year, and the Minister shall at the first available opportunity cause a copy of the
report to be laid on the table of the House of Representatives; the report shall state:
(a) how many requests for information under this Act have been made to public authorities;
(b) how many of these requests have been accepted and rejected;
(c) the reasons for rejection;
(d) the average time taken to reply to requests;
(e) how many complaints have been made to the Commissioner, the grounds for such complaints, and the outcome thereof;
(f) the number of appeals lodged with the Tribunal and
* Not yet in force.
† Not yet in force.
how they have been determined; and
(g) the number of information, decision and enforcement notices issued by the Commissioner.
(6) Without prejudice to subarticle (4) and to articles 26, 39 and 40, i n th e exerci se of his fun c t i ons un der thi s A c
t the Commissioner shall act independently and shall not be subject to the direction or control of any other person or authority.
(7) In this article "good practice", in relation to a public au thori ty, means such practi ce i n the d ischarge
of i ts functi ons under this Act as appears to the Commissioner to be desirable, and includes (but is not limited to) compliance
with the requirements of this Act and the provisions of the code of practice issued under article 41.
(2) A practice recommendation must be given in writing and must refer to the particular provisions of the code of practice with which, in the Co mmissio n er ’s opin i on, t h e publ ic aut horit y’s practice does not conform.
(a) a request for information made by the applicant to a public authority has been dealt with in accordance with the requirements
of this Act; or
(b) a public authority is in compliance with the requirements set out in Part III.
(2) On receiving an application under this article, the
Commissioner shall make a decision unless it appears to him -
(a) that the applicant has not exhausted any complaints procedure which may be provided by the public authority in conformity
with the code of practice issued under article 41:
Provided that the Commissioner may decide on the application if in his opinion the complaints procedure provided by the public
authority has not been, or is unlikely to be, concluded within a reasonable period;
(b) that there has been undue delay in making the application;
(c) that the application is frivolous or vexatious; or
(d) that the application has been withdrawn or abandoned.
Recommendations as to good practice.
Application for decision by Commissioner.
Information notices.
(3) Where the Commissioner has received an application under this article, he shall either -
(a) notify the applicant that he has not made any decision under this article as a result of the application and of his grounds for
not doing so; or
(b) serve notice of his decision (in this Act referred to as a "decision notice") on the applicant and the public
authority.
(4) Where the Commissioner decides that a public authority - (a) has failed to provide access to a document, or to
confirm or deny the existence of a document, in a case where it is required to do so under this Act; or
(b) has failed to comply with any of the other requirements of Part II in its handling of the applicant’s
request for a document; or
(c) has failed to comply with any of the requirements of
Part III,
the decision notice shall specify the steps which must be taken by the authority for complying with that requirement and the period
within which they must be taken.
(5) A decision notice shall contain particulars of the right of appeal conferred by article 39.
(6) Where a decision notice requires steps to be taken by the public authority within a specified period, the time specified in
the notice shall not expire before the end of the period within which an appeal can be brought against the notice and, if such an
appeal is brought, no step wh ic h is affected by the appeal need be taken pending the determination or withdrawal of the appeal.
(7) This article shall have effect subject to article 26.
(a) for the purpose of determining whether a public authority has complied or is complying with any of the requirements of
this Act; or
(b) for the purpose of determining whether the practice of a public authority in relation to the exercise of its functions
under this Act conforms with that set out in the code of practice established under article 41,
he may serve the authority with a notice (in this Act referred to as an "info r mation n o tice") requiring i t , wit h
in su ch time as i s specif ied in the no tice, to fu rnish th e Commission er, in such a m anner as may be so specif ied, with
such inform ation as is so specified relating to the application or to the purposes to which paragraphs (a) and (b) refer.
(2) An information notice shall specify the purpose for which
* Not yet in force.
the Commissioner requires the information and, where it refers to information recorded in a document, shall include such details as
is reasonably necessary to enable a responsible officer of the public authority to identify that document.
(3) An information notice shall also contain particulars of the right of appeal conferred by article 39.
(4) The time period specified in an information notice shall not expire before the end of the period within which an appeal can
be brought against the notice and, if such an appeal is brought, the information required by the notice need not be furnished pending
the determination or withdrawal of the appeal.
(5) A public authority shall not be required by virtue of this article to make available to the Commissioner any information in
respect of:
(a) any communication between a professional legal adviser and his client in connection with the giving of legal advice
to the client with respect to his obligations, liabilities or rights under this Act; or
(b) any communication between a professional legal adviser and his client, or between such an adviser or his client and
any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including
proceedings before the Tribunal) and for the purposes of such proceedings.
(6) In subarticle (5) references to the client of a professional legal adviser include references to any person representing such
a client.
(7) The Commissioner may cancel an information notice by written notice to the public authority on which it was served.
(8) In this article "information" includes unrecorded information.
(2) An enforcement notice shall contain -
(a) a statement of the requirement or requirements of this Act with which the public authority has, in the Commissioner ’s
satisfied opinion, failed to comply, and his reasons for reaching that conclusion; and
(b) particulars of the right of appeal conferred by article
39.
(3) An enforcement notice shall not require any of the
Enforcement notices.
Exception from duty to comply with decision notice or enforcement notice.
Failure to comply with notice.
Cap. 440.
Cap. 440.
provisions of the notice to be complied with before the end of the period within which an appeal can be brought against the notice
and, if such an appeal is brought, the notice need not be complied with pending the determination or withdrawal of the appeal.
(4) The Commissioner may cancel an enforcement notice by written notice to the public authority on which it was served.
(5) This article shall have effect subject to article 26.
(2) A certificate under this article shall contain a statement by the Prime Minister of the reasons for his opinion, except in
so far as this would involve the disclosure of matter that is exempt matter in terms of the provisions of Part V.
(3) Where the Prime Minister issues a certificate under this article, he shall as soon as practicable thereafter lay a copy
of it before the House of Representatives.
(4) Where the Commissioner receives a certificate under this article in respect of a decision notice, he shall inform the applicant
accordingly.
(a) so much of a decision notice as requires steps to be taken;
(b) an information notice; or
(c) an enforcement notice,
this shall be regarded as an offence in terms of article 41(2) of the D a ta Prote c tio n A c t , and the Commissioner may also levy an ad mi nistrati ve fine again s t th e default i ng aut hority or o fficer thereof as provided
for by article 42(3) of the Data Protection Act.
(2) Where a public authority fails to comply with an information notice, or where the Commissioner believes that
an offence in terms of article 43 is being or is about to be committed, the Commissioner may act to secure compliance with the notice
or to prevent the offence from being committed using the powers of entry and search vested in the Commissioner under article 41(5)
of the Data Protection Act, which shall be applicable for this purpose.
(3) For the purposes of this article, a public authority which, in purported compliance with an information notice -
(a) makes a statement which it knows to be false in a material respect; or
(b) recklessly makes a statement which is false in a
* Not yet in force.
† Not yet in force.
material respect,
shall be taken to have failed to comply with the notice.
(2) Subarticle (1) shall not affect the powers of the
Commissioner under article 27.
PART V
CONCLUSIVE REASONS FOR NOT DISCLOSING OFFICIAL DOCUMENTS UNDER THIS ACT
(a) would, or could reasonably be expected to, cause damage to the security, the defence, or the international
relations of Malta; or
(b) would divulge any information or matter communicated in confidence by or on behalf of a foreign
government, an authority of a foreign government, or an international organisation to the Government of Malta
or to another public authority, or by the Government of Malta or another public authority to a foreign government,
an authority thereof, or an international organisation.
(2) Subject to subarticle (3), a document is an exempt document if it is:
(a) a document that has been submitted to the Cabinet for its consideration or is proposed by a Minister to be so submitted, being
a document that was brought into existence for the purpose of submission to the Cabinet;
(b) an official record of the Cabinet;
(c) a document that is a copy of all or part of, or contains an extract from, a document referred to in paragraph (a) or (b); or
(d) a document the disclosure of which would involve the disclosure of any deliberation or decision of the Cabinet, other
than a document by which a decision of the Cabinet was published:
Provided that each year, the Prime Minister may direct that certain Cabinet documents, being documents selected from among t hose
that are thirty year s ol d or more, shall be subject to disclosure, whereupon this subarticle shall not app l y to such documents.
(3) Subarticle (2) shall not apply to a document if, and in so far as, it contains factual in formation relati ng to a decision
of the
No civil action against a public authority.
Documents affecting national security, defence or international relations, and Cabinet
documents.
* Not yet in force.
† Not yet in force.
Documents affecting the enforcement of the law and the protection of
public safety.
Cap. 273.
Cabinet that has been published.
(4) In subarticles (2) and (3) "Cabinet" includes Cabinet
Committees.
(a) prejudice the conduct of an investigation of a breach, or possible breach, of the law, or a failure, or possible failure, to comply
with a law relating to taxation or prejudice the enforcement or proper administration of the law in a particular instance;
(b) disclose, or enable a person to ascertain, the existence or identity of a confidential source of information, or the non-existence
of a confidential source of information, in relation to the enforcement or administration of the law;
or
(c) endanger the life or physical safety of any person.
(2) A document is an exempt document if its disclosure under this Act would, or could reasonably be expected to:
(a) prejudice the fair trial of a person or the impartial adjudication of a particular case by any court, tribunal, disciplinary
board, arbitration panel or similar body, or prejudice an inquiry conducted under the Inquiries Act;
(b) prejudice the effectiveness of lawful methods or procedures for preventing, detecting, investigating, or dealing
with matters arising out of breaches or evasions of the law through the disclosure thereof; or
(c) prejudice the maintenance or enforcement of lawful methods for the protection of public safety.
(3) For the purposes of subarticle (1)(b), a person shall be taken to be a confidential source of information in relation to the enforcement or administration of the
law if the person is receiving, or has received, protection by the Police or other public authorities as:
Documents subject to legal professional privilege or containing material obtained in confidence.
(a) a witness; or
(b) a person who, because of his relationship to or association with a witness, needs or may need such protection; or
(c) any other person who, for any reason, needs or may need such protection.
(2) A document is an exempt document if its disclosure under this Act would found an action by a person (other than a public
* Not yet in force.
authority) for breach of confidence.
(3) Subarticle (2) shall not apply to internal working documents prepared by a member, officer or employee of the
G o v e r n ment o r any o t her pu bli c aut hor ity i n t h e co urse o f h i s duties unless the disclosure would constitute
a breach of confidence owed to a person or body other than a member, officer or employee of the Government or any other public authority
as aforesaid.
(a) trade secrets;
(b) any other information having a commercial value that would be, or could reasonably be expected to be, destroyed or
diminished if the information were disclosed; or
(c) information (other than trade secrets or information to which paragraph (b) applies) concerning a person in respect of his business or professional affairs or concerning the business, commercial
or financial affairs of an organisation or undertaking, being information:
(i) the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely
in respect of his lawful business or professional affairs or that organisation or undertaking in respect
of its lawful business, commercial or financial affairs; or
(ii) the disclosure of which under this Act could reasonably be expected to prejudice the future supply of information
to the Government or to another public authority for the purpose of the administration of a law or the administration of matters
administered by the authority.
(2) Subarticle (1) shall not apply to a request for access to a document by reason only that the document contains information
about:
Documents
relating to business
affairs, the
economy and
research.
(a) the applicant’s own business or professional affairs;
(b) the business, commercial or financial affairs of an undertaking where the applicant is the proprietor of the undertaking
or is acting on behalf of the proprietor; or
(c) the business, commercial or financial affairs of an organisation where the applicant is acting on its behalf.
(3) Subarticle (1)(c) shall not apply to information solely
† Not yet in force.
* Not yet in force.
concerning a person’s status as a member of a profession.
(4) A document is an exempt document if its disclosure under this Act would be contrary to the public interest by reason that it:
(a) would, or could reasonably be expected to, have a substantial adverse effect on the ability of the Government
to manage the Maltese economy; or
(b) could reasonably be expected to result in an undue disturbance of the ordinary course of business in the community, or
an undue benefit or detriment to any person or community, or an undue benefit or detriment to any person or class of persons,
by reason of giving premature knowledge of or concerning proposed or possible action or inaction of the Government
or Parliament.
(5) The kinds of documents to which subarticle (4) may apply in cl ud e, bu t ar e no t l imi ted to , d o cumen t s con t ai nin
g matter relating to:
(a) currency or exchange rates; (b) interest rates;
(c) taxes, including duties of customs or of excise;
(d) the regulation or supervision of banking, insurance and other financial institutions;
(e) the stability of the financial system; (f) proposals for expenditure;
(g) foreign investment in Malta; or
(h) borrowings by the Government or other public authorities.
(6) A document is an exempt document if it is in the possession of a member of the academic staff of the University of Malta and
contains information relating to research that has been or is being undertak en b y such a mem b er, unless th e research has been
commissioned by a public authority.
(7) A document is an exempt document if:
(a) it contains information relating to scientific or academic research that is being, or is to be, undertaken by a member
of staff of a public authority, other than research to which subarticle (6) applies; and
(b) disclosure of the information before the completion of the research would be likely unreasonably to expose the public authority
or the member of staff to disadvantage.
(8) Subarticle (7) shall not apply to a document that, in so far as it contains in formation rel a tin g to research, on ly co
ntai ns information relating to research that has been completed.
(9) A document is an exempt document if it contains information relating to research on security and defence matters
which has been undertaken or comm issioned by, or with the involvement of, a public authority.
(a) be in contempt of court;
(b) be contrary to an order made or direction given by any Board to which the Inquiries Act applies, or by any tribunal or other person having power to take evidence on oath; or
(c) infringe the privileges of Parliament.
(a) a request under this Act relates to a document to which the provisions of this Part apply, or would apply if such a document
existed; and
(b) the existence or non-existence of the document would in its own right, if it were stated in a document, be subject to non-disclosure
in terms of any of the said provisions,
the public authority dealing with the request may give notice in writing to the applicant that it neither confirm s nor denies the
existence or non-existence of that document.
PART VI
OTHER REASONS FOR WITHHOLDING OFFICIAL INFORMATION
V.
(2) A document may be withheld in accordance with the provisions of this Part only if it contains matter in relation to
which the public interest that is served by non-disclosure outweighs the public interest in disclosure.
(2) Subarticle (1) shall not apply to a document by reason only of purely factual information contained in the document.
Documents the disclosure of which would be contempt of Parliament or of Court.
Cap. 273.
Information concerning existence of certain documents.
Application of this
Part.
Internal working documents.
* Not yet in force.
† Not yet in force.
‡ Not yet in force.
§ Not yet in force.
Documents affecting financial or property interests of public authorities.
Documents concerning certain operations of public authorities.
Appeals against notices served by the Commissioner.
(3) Subarticle (1) shall not apply to:
(a) reports (including reports concerning the results of studies, surveys or tests) of scientific or technical experts,
whether employed by a public authority or not, including reports expressing the opinions of such experts on scientific or
technical matters; or
(b) the record of, or a final statement of the reasons for, a final decision given in the exercise of a power or of an adjudicative
function.
(4) In subarticle (3) the term "scientific or technical expert" shall be constru e d as ex cludi ng senio r managers
in publ ic authorities.
(a) prejudice the effectiveness of procedures or methods for the conduct of tests, examinations or audits by a public authority;
(b) prejudice the attainment of the objects of particular tests, examinations or audits conducted or to be conducted by
a public authority;
(c) have a substantial adverse effect on the proper and efficient conduct of the operations of a public authority;
or
(d) have a substantial adverse effect on the conduct of negotiations (including commercial and industrial negotiations)
by or on behalf of the Government or another public authority.
PART VII
FURTHER PROVISIONS
(2) A public authority on which an information notice or an enforcement notic e has be en served by the Commission er m ay appeal
to the Tribunal against the notice.
(3) If, on an appeal under this article, the Tribunal considers - (a) that the notice against which the appeal is brought is
not in accordance with the law; or
* Not yet in force.
† Not yet in force.
‡ Not yet in force.
(b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion
differently,
the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other
case the Tribunal shall dismiss the appeal.
(4) Where the Tribunal substitutes a notice as aforesaid, the Com mission er shal l tak e action un der ar ticl e 27 to secure
compliance as if that notice had been issued by the Commissioner.
(5) In hearing appeals under this article the Tribunal shall remain subject to the following provisions of the Data Protection Act:
Cap. 440.
(a) article 49(3); and
(b) article 50(2), (3) and (4).
40.* Decisions of the Tribunal under this Act shall be subject to appeal to the Court of Appeal as provided for by article 51 of the Data Protection Act.
(2) The code of practice shall, in particular, include provisions relating to:
(a) the provision of advice and assistance by public authorities to persons who propose to make, or have made, requests for
information to them;
(b) the transfer of requests by one public authority to another public authority which holds, or may hold, the documents requested;
(c) consultation with persons to whom the information requested relates or persons whose interests are likely to be affected
by the disclosure of information;
(d) the inclusion in contracts entered into by public authorities of terms relating to the disclosure of information;
(e) the provision by public authorities of rapid procedures for dealing with complaints about the handling by them of requests
for information; and
(f) the keeping of documents and records by public authorities in such a manner as to facilitate the identification
and retrieval of documents for the purposes of this Act.
(3) The code may make different provision for different public authorities.
Appeals from decisions of the Tribunal.
Cap. 440.
Code of practice.
* Not yet in force.
(4) Before issuing or revising any code under this article, the M i nister shall consult the Co mmissioner and the Principal Permanent Secretary.
Regulations. 42. The Minister may, following consultation with the Commissioner, make regulations for any or all of the following purposes:
(a) to prescribe application forms (manual or electronic) and other documents required for the purposes of this Act, or authorising
any person to prescribe or approve such forms or documents:
Provided that forms cannot place requirements on applicants additional to those set out by this Act, and that an application
meeting all such requirements shall still be considered if it is made otherwise than using the prescribed form;
(b) to establish the procedure for the service of notices and documents by public authorities under this Act;
(c) to prescribe reasonable charges or scales of reasonable charges for the purposes of this Act; and
(d) to provide for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
Damage, etc., of documents to constitute an offence.
Cap. 9.
Amendments to the Code of Organisation and Civil Procedure. Cap. 12
43.* Article 144 of the Criminal Code shall apply to any person who embezzles, destroys, mutilates or purloins a document with the
intention of preventing the disclosure o f information to an
applicant under this Act.
44.† (1) Subarticle (2) of article 590 of the Code of Organization and Civil Procedure (in this article referred to as the Code) shall be substituted by the following:
"(2) No witness may be compelled to disclose any information derived from or relating to any document to which
subarticle (3) of article 637 applies.".
(2) Subarticle (3) of article 637 of the Code shall be substituted by the following:
"(3) It shall not be lawful to demand the production of any document which is held by a public authority and -
(a) which is an exempt document under articles 29,
30 or 36(1) or subarticles (4) or (5) of article 32 of the Freedom of Information Act; or
(b) the disclosure of which is prohibited by any other law.".
(3) Subarticle (4) of article 637 of the Code shall be substituted by the following:
"(4) Where a demand is made for the production in court of
a document held by a public authority, and the public authority is of the view that paragraph (a) of subarticle (3) applies to that
document, the public authority shall reply to the demand as if that demand were a request for disclosure of the document under the
Freedom of Information Act; and the provisions of Parts II and IV and of articles 39, 40 and 43 of the Freedom of Information Act shall apply accordingly.".
(4) Subarticle (6) of article 637 of the Code shall be substituted by the following:
"(6) In this article "public authority" shall have the meaning assigned to it by the Freedom of Information Act.".
(2) Subarticle (3) of article 47 of the Press Act shall be renumbered as article 47 thereof.
Amendments to the
Press Act.
Cap. 248.
46. Amendments have been inserted in the Data Protection Act.
Act.
(2)† The provision of article 45 of the Local Councils Act shall be numbered as subarticle (1) of the same article.
(3)‡ The following new subarticles (2) and (3) shall be added to ar ticle 4 5 of the Local Councils Act subsequent to t h e current provision thereof:
"(2) Any person who requests information from a Local Council in accordance with subarticle (1) and who is dissatisfied
with the Council’s response to his request may apply to the Information and Data Protection Commissioner for a decision
whether, in any specified respect, his request has been dealt with in accordance with the requirements of this Act and any regulations
made hereunder.
(3)§ Part IV of the Freedom of Information Act, other than article 26, as well as articles 39, 40 and 43 of the same Act, shall apply mutatis mutandis to requests for information under this article, save that references to a code of practice in Part IV of the Freedom of Information Act shall be construed as referring to any code of practice on the disclosure of information that may be issued by the Minister
through regulations under this Act; but the application of the Freedom og
Amendments to the Data Protection Act.
Cap. 440.
Amendments to the
Local Councils
Act.
Cap. 363.
* Not yet in force.
† Not yet in force.
‡ Not yet in force.
§ Not yet in force.
Amendments to the Freedom of Access to Information on the Environment Regulations.
S.L. 504.65
Information Act in terms of this subarticle shall not be dependent on the issue of such a code.".
48.* The Freedom of Access to Information on the Environment Regulations shall be amended in accordance with the Schedule to this Act.
Citation and commencement.
Amendment to regulation 2.
Addition of new regulations.
SCHEDULE †
(Article 48)
FREEDOM OF ACCESS TO INFORMATION ON THE
ENVIRONMENT (AMENDMENT) REGULATIONS, 2008
BY VIRTUE of the powers conferred by articles 3, 9, 19, 23 and
28 of the Environment Protection Act the Prime Minister has made the following regulations:-
2008.
(2) These regulations shall be read and construed as one with t h e Freedom o f Access to Info rm ati on on th e Envi ro nm ent
Regul a ti ons, 2005, her e i n af ter referr ed t o as "t he pri n ci pal regulations".
(3) These regulations shall come into force on such a date as the Minister responsible for the environment may by notice in the
Gazette appoint.
" "Information and Data Protection Commissioner" means the official appointed in terms of article 36 of the Data Protection Act;".
"Enforcement. 12. (1) Any person who requests the competent authority to provide him wi th env i r o n m ent a l inf o r m ati o n
i n accordance with regulation 3, and who is dissatisfied with the response, may apply to the Information and Data Protection Commissioner
for a decision whether, in any specified res p ec t, his reques t has been dealt with in accordance with the requirements of thes
e re gulations and
any ad diti onal regu lat i ons made in accordance with regulation 11.
Cap. 496.
Cap. 496. Interpretation.
Cap. 496.
(2) Part IV of the Freedom of Information Act other than article 26, as well as articles 39, 40 and 43 of the same Act, shall appl y mut a ti s mu tan d i s to request s for informat ion under thi s article, save that references to a code of practice in Part IV of the Freedom of Information Act shall be construed as referring to any code of practice on the di sclo sure of in for m atio n th at m a y b e
issued by t h e competent au thority through regulations in accordance with regulation 11; but the application of the Freedom of Information Act in terms of this sub-regulation shall not be dependent on the issue of such a code.
(3) Where the question emerges as to whether or not information requested under reg u latio n 3 is en vironmen tal information
to which these regulations apply, that question shall be subject to review and decision by the Information and Data Protection
Commissioner and add iti on ally su bj ect to app e al u n d e r art i cles 39 and 40 of the Freedom of Information Act.
13. In deciding whether or not particular environmental information is exempted from disclo sure under paragraph ( a ) of sub-regu latio n (2) o f
reg u latio n 7, regard shall b e had to subarticles (2), (3) and (4) of article 29
and art i cl e 36 of t h e Freedo m of
Info rmation Act; and inform ation to
which the aforemen ti on ed p a ragrap h applies shall not be released under these regu lation s i f it woul d be con s i d ered
exempt matter under the Free dom of
Information Act.".
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