The
Freedom of Information Act
Eligible persons are
entitled to submit Freedom of Information (FOI) requests to all established
Public Authorities, including those listed under the Ministry for
Tourism.
Freedom of Information Act (Maltese Version)
Freedom of Information Act (English Version)
Submitting a Request / Complaint
Eligible Persons:
In
order to be eligible to submit FOI requests, a person has to be a resident
in Malta and to have been so for a period of at least five years. Such
person has to be also either a citizen of Malta or a citizen of any other
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.
FOI requests or Complaint forms have to be submitted in
writing, and can be sent by email to foi.mtcp@gov.mt or through the FOI portal www.foi.gov.mt via the e-ID or through the online
form.
Information to be Provided
When
submitting an FOI Request, applicants will be required, apart from
providing contact details, to give an indication of the document /
information that they wish to obtain. They will also need to indicate the
format in which they wish to receive such document / information, namely as
a hard copy/print-out, as an electronic copy, in the form of a summary /
excerpt of contents or by on-site inspection of the document / information
in question. Copies of the ID card or passport and/or additional documentation,
as deemed necessary may be requested by the Public Authority, in the case
of requests relating specifically to the individual, individual's
assets/interests/right of access.
Types of Requests
In
essence, one may ask for 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 representations, and
audio or video recordings, regardless of whether the information can be
read, seen, heard or retrieved with or without the aid of any other article
or device. One may also ask for documentation which contains 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). Furthermore,
eligible persons have the right to request information (in the form of a
written statement) on a decision or recommendation made in their respect or
in respect of a body corporate which they represent.
Acknowledgements
FOI
requests will be duly acknowledged by the Public Authorities. The
acknowledgement forms will include a unique reference number and an
indication of the date by when the response will be given. The forms shall
also include specific information related to the Public Authority, such as
its address, telephone numbers, e-mail addresses, opening hours and also
details of its internal complaints’ procedure.
Checks to be carried out by the Public Authority
On
receipt of the application form, the Public Authority will verify whether
the request qualifies as an FOI request and will inform the applicant
accordingly if this is not the case. If it transpires that additional
information / documentation is required, applicants will be contacted by
the Public Authority to whom the request has been submitted and they will
be provided with all possible assistance in order to ensure that such
request complies with the provisions of the Act. This notwithstanding, when
submitting an FOI request, applicants are not required to provide any
justifications for requesting any particular documentation / information.
Public Authority will also verify whether the requested document /
information is held at its end. If this is not the case such Public
Authority will seek to identify the proper entity to whom the request
should be submitted and will transfer such application accordingly (informing
the applicant in the process). If no alternative entity is identified
(meaning that the document/information cannot be traced at any Public
Authority) the applicant will be informed accordingly.
Processing of request
Once
it establishes that a request is an FOI request and can be addressed from
its end, the Public Authority will determine whether it can provide the
applicant with the document / information requested (in full or in part) or
whether it will refuse the request. Prior to taking a decision in this
regard, the Public Authority shall consider whether any of the exemptions
listed in the FOI Act apply. The Public Authority will submit notification
of whether the request will be accepted or not within 20 working days from
its receipt. An additional 20 working days extension can be further
applied, bringing up the total to a maximum of 40 working days from the
date of the receipt of the original requests.
Payment of Fee
When
submitting a response to the Applicant, the Public Authority shall indicate
whether any fees apply. If applicable, such fees shall cover only the costs
related to making a document available to the applicant, namely hours of
processing, costs of photocopies / faxes and digital media and costs
related to inspections. Notwithstanding the above, the total applicable fee
shall not exceed €40. No additional fees can be incurred for submitting
applications or complaints.
The
application of fees is regulated by L.N. 158 of 2010.
Remedial Action
If
the applicant is not satisfied with the response provided by the Public
Authority vis-à-vis its request, the applicant is entitled to submit a
complaint to the same Public Authority. If, subsequently, the applicant
remains unsatisfied with the response received, s/he may lodge an appeal
with the Information and Data Protection Commissioner (IDPC). If the
applicant remains dissatisfied with the outcome of the appeal s/he may
appeal to the Information and Data Protection Tribunal and, subsequently,
to the Court of Appeal. Complaints may be submitted for the following
reasons:
-
The
Public Authority has applied an extension to the 20-working day deadline -
The
Public Authority has imposed a fee which is deemed to be excessive -
The
document is not being provided in the requested format -
The
request is being refused (for e.g. request not deemed to be an FOI request). -
The
Public Authority does not respect the 20-working day deadline (or the
deadline indicated in the notification of extension, if applicable)
for submitting a response.
Applicants
may submit a complaint through the IDPC's website by clicking here.
Receiving documentation / information
Whenever
a Public Authority communicates a decision to an Applicant that access to a
document / information will be granted, the applicant shall also be invited
to effect payment of fees (if applicable). Within 10 working days following
payment, the Public Authority will provide the document / information in
the same format as the applicant had originally requested or, if this is
not possible, in any other format deemed appropriate by the Public
Authority. Applicants who submit requests through the FOI portal (www.foi.gov.mt) may be provided with the
possibility of downloading the document / information directly from the
site.
If
no fee will be charged, the document / information will be provided within
10 working days following notification. The request shall be considered to
have been abandoned by the applicant if payment is not affected within 20
working days following notification.
Public Authorities under the Ministry for Tourism:
·
Ministry for Tourism and Consumer Protection (MTCP) ·
Malta Film Commission ·
Institute of Tourism Studies ·
Malta Tourism Authority ·
Mediterranean Conference Centre ·
Malta
Medicines Authority ·
Malta Competition and Consumer Affairs Authority (MCCAA) ·
Tourism Zones
Foundation
Information
provided according to Article 17 of the Freedom of Information Act may be
viewed by accessing the above links or by contacting the Principal Freedom
of Information Officer, Ministry for Tourism, 233, Republic Street,
Valletta, Tel: (+356) 22915042/
87.
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