Questions & Answers – FOI Act
- What is the Freedom of Information Act (FOIA)?
The Freedom of information Act (Cap. 496) is a law that gives access to documents held by a public authority. This law gives a ‘right-of-access’ to eligible persons, increasing transparency and accessibility.
- What entities are considered a ‘public authority’?
The Freedom of Information Act (FOIA) states that a ‘public authority’ means the Government, including any ministry or department, government Agencies, as well as any entity established under the law in which the government of Malta has a controlling interest or over which it has effective control. You can make a request under the FOIA, to all such public authorities.
However, the FOIA does not apply to documents held by the Local Councils, the Electoral Commission, the Employment Commission, the Public Service Commission, the Office of the Attorney General, the National Audit Office, the Security Service, the Ombudsman and to certain documents held by the Broadcasting Authority.
- Who can make a request under the FOI Act?
Every person resident in Malta or who has been resident for a period of at least five years, and who is either a citizen of Malta or a citizen of any other EU member State, is eligible to make a request under the FOI Act.
- What documents can I ask for?
An applicant can ask for any type of document on which information has been recorded, in whatever format and irrespective of whether the information can be read, seen, heard or retrieved with the aid of any other article or device. However a number of exemptions apply ( Part V and VI of the Act), for instance in relation to documents that affect national security, international relations and enforcement of the law.
- How do I make an FOI request?
A request for accessing a document or information under the FOI Act can be submitted via the e-ID, by choosing the FOI option on the servizz.gov portal. Alternatively, an Application Form can be downloaded from the same website or collected from any Public Authority. The Form has to be completed, electronically or by hand and submitted on the email address of the FOI Officer or by post.
- What happens after I make a request?
After the Request is submitted, the FOI Officer of the Public Authority in question will review your request and he/she will decide on whether to grant you access or not to the document requested, according to the provisions of the Act.
- How long will I have to wait?
A Public Authority is bound by the FOI Act to take a decision on your request and inform you about it within 20 working days from the date of submission. There may be situations, for instance when the request is for a large number of documents or requires search through a large number of documents or when consultations with third parties is needed in order to decide on the request, when it is necessary for this time limit to be extended. The extension may be of up to a maximum of 40 working days. You will be informed by the Public Authority of the extension within 20 working days from submitting your request, the reason for it, and when your request will be answered. You will also be informed of your right to complain.
- Do I have to give a reason for my request?
No. You need not provide a reason for your request. The Public Authority does not have the right to ask about the reason for your request.
- Where can I find a list of all the Public Authorities and the persons to contact?
A complete list of all the Public Authorities and the contact persons to whom you can submit a request can be viewed by clicking here. (link to CONTACTS)
- What does it cost to make an FOI request?
Submitting a request under the FOI Act is free. However, if you are informed that the document or information you requested can be provided, you will also be informed of the charges that will apply. The amounts charged are regulated by Legal Notice 158 of 2010 (Fees Charged by Public Authorities for access to documents Regulations, 2010) and the maximum amount that can be charged for a single FOI request is €40.
Once you are informed of the cost in relation to the requested document, you have 20 working days to affect the payment or otherwise your request will be considered as abandoned.
- How long will it take to receive the requested information?
The Public Authority shall provide you with the document requested within 10 working days from when you pay the applicable fee.
If you are not completely satisfied with the way your request was handled, you can primarily complain to the Public Authority through its internal complaints procedure. (Details are found on the Acknowledgement to your Request for Information\Document Form). You should submit your complaint to the Public Authority within a maximum of thirty (30) working days from the last communication of the Public Authority or the act or omission giving rise to the complaint, whichever is the later date. Should you still not be happy with the decision of the Public Authority you may address a complaint to the Information & Data Protection Commissioner, as provided for in Article 23 of the FOI Act. Complaints or requests for investigation and review addressed to the Commissioner shall be lodged within a maximum of sixty (60) days from the receipt of the final communication from the public authority concerned.
It is very important to always quote the reference number given to your request when communicating with the Public Authority or the Information & Data Protection Commissioner. The reference number is the number quoted on the Acknowledgement Form sent to you when you submit a request.
- Can I request personal information?
As a general rule, personal information is treated under the Data Protection Act (Cap 440). Personal data is in fact not covered by the FOI Act, as per provisions of Art. 5(3)(a). You may however request information on a decision or recommendation made on yourself as per provisions of Article 20 of the Act.