Open Records Laws › Malta

Malta

Freedom of Information Act (Cap. 496)

Freedom of Information Act (Cap. 496), Act XVI of 2008

RTI Rating: 78 (source)

Response Timeline

Initial Response
20 days
Extension
40 days
Residency Required
Citizen_or_resident

20 working days from receipt (Art. 10). May be extended by up to 40 additional working days with written reasons (Art. 11). If authority fails to meet deadline, applicable fees must be waived. If no fee applies, documents must be provided within 10 working days of notification of the decision.

How to Submit a Request

Accepted Methods

  • {'notes': 'Via FOI portal at foi.gov.mt using e-ID authentication', 'method': 'online_portal'}
  • {'notes': 'Email to the FOI officer of the relevant public authority', 'method': 'email'}
  • {'notes': 'Written request by post or hand delivery', 'method': 'written'}

Requests must be in writing and directed to the FOI officer of the relevant authority. Each ministry and agency has a designated FOI officer. Only "eligible persons" may make requests: must have been resident in Malta for at least 5 years AND be a citizen of Malta, an EU member state, or treaty-equivalent state. This is one of the most restrictive requester definitions in the EU.

Required Elements

  • Identity card number or residence permit number
  • Contact details (telephone, email address)
  • Description of the document or information sought

Fees

The Act permits public authorities to charge fees covering reproduction and processing costs. No standardized fee schedule exists; individual authorities set their own rates. If authority misses the 20 working day deadline, FOI officer must waive all fees. Payment can be made in person or by cheque.

Fee Waivers

  • All fees waived if authority fails to respond within statutory deadline
  • Fee waivers available on grounds of financial hardship
  • Fee waivers available where disclosure is in the public interest

Exemptions

  • National security, defence, international relations (Art. 29)
    Documents whose disclosure would cause damage to security, defence, or international relations, or divulge foreign government confidential communications
  • Cabinet documents (Art. 30)
    Documents submitted to or proposed for Cabinet, official Cabinet records, or documents revealing Cabinet deliberations/decisions. PM may declassify documents 30+ years old.
  • Law enforcement and public safety (Art. 31)
    Documents whose disclosure would prejudice investigation, enforcement, or endanger life or physical safety
  • Trade secrets and commercial information (Art. 32)
    Documents revealing trade secrets or business/commercial/financial affairs where disclosure would unreasonably affect the person adversely
  • Deliberative processes (Art. 33)
    Opinions, advice, recommendations, consultations, or deliberations in government functions
  • Financial/property interests of Government (Art. 36)
    Documents whose disclosure would substantially adversely affect government financial/property interests. Subject to public interest test.

Exemptions divided into Part V (absolute: Arts. 29-34) and Part VI (qualified, subject to public interest test: Arts. 35-38). Part V exemptions are not subject to public interest override. Broad institutional exclusions: Electoral Commission, Security Service, Ombudsman, local councils, and archives are entirely excluded from the Act.

Appeal Process

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Malta has a four-step appeal process. The Commissioner's enforcement power is significantly weakened by the Prime Minister's ability to issue certificates overriding enforcement notices for national security documents. RTI Rating identifies this PM veto as a critical structural weakness undermining oversight independence.

Sources & References