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 Gozo.
Freedom of
Information Act (English Version)
Freedom of
Information Act (Maltese 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 e-mail to foicu@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.
The 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 request.
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 effected within 20 working days following notification.
Public Authorities under Ministry for Gozo:
|__
Gozo Channel (Operations) Limited |__
Gozo Heliport Limited |__ Gozo Regional Development Authority (GRDA)
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 Gozo, St. Frances Square, Victoria, Gozo
VCT1335, Tel: (+356) 22156400