Malta’s freedom of information law discriminates against EU citizens, Appeals Court rules

Court proves Spanish humans rights group Access Info right when it claimed Malta’s freedom of information law discriminates against EU citizens in filing requests for data

The Appeals Court finds in favour of Spanish NGO that claimed Freedom of Information Act discriminates against EU citizens
The Appeals Court finds in favour of Spanish NGO that claimed Freedom of Information Act discriminates against EU citizens

The Maltese government violated the rights of EU citizens when it refused to register a freedom of information request by a non-Maltese citizen, the Appeals Court has ruled.

The case stems back to August 2019 when an Italian citizen working with Access Info had filed a freedom of information request for data on the return of migrants.

The Maltese Home Affairs Ministry had refused to register the request citing that an ‘eligible person’ under the Freedom of Information Act had to be a Maltese citizen or a citizen of a member state of the EU who has been resident in Malta for at least five years.

Access Info challenged the decision, insisting the Maltese law violated European law and breached the constitutional obligation to protect the right to freedom of expression.

Malta’s Information and Data Protection Appeals Tribunal in March 2022 found in Access Info’s favour but the ministry appealed.

The Court of Appeal has now confirmed the tribunal’s decision, ruling that the law is out of line with other EU member states’ laws and not only impacts on the right to freedom of information but impinges on the freedom of movement of EU citizens.

Access Info Europe is a human rights organisation established in Madrid in 2006 and dedicated to promoting and protecting the right of access to information.