16 CAP. 496.] FREEDOM OF INFORMATION (b) an information notice; or (c) an enforcement notice, Cap. 440. Cap. 440. this shall be regarded as an offence in terms of article 41(2) of the Data Protection Act, and the Commissioner may also levy an administrative fine against the defaulting authority or officer 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 material respect, shall be taken to have failed to comply with the notice. No civil action against a public authority. 28. (1) This Act does not confer any right of action in civil proceedings in respect of any failure to comply with any duty imposed by or under this Act. (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 Documents affecting national security, defence or international relations, and Cabinet documents. 29. (1) A document is an exempt document if its disclosure 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

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