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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