‘Prejudice to national security’ – AFM
Times of Malta then sought replies from the government following the dissolution of parliament and the election of a new administration.
When no reply was forthcoming, in May 2022, we filed Freedom of Information requests with the AFM, the Home Affairs Ministry and the Office of the Prime Minister.
The news organisation asked for documents with information on how many people were rescued in Maltese search-andrescue waters and brought to Malta, taken to Libya or taken to Italy for the years spanning between 2018 and 2022.
The Home Affairs ministry and the OPM transferred the request to AFM, which, however, turned down the request.
In its reply, the AFM said the requested information did not constitute a ‘document’ as outlined by the act regulating FOI requests. However, it went on to note that the request was being refused as disclosure could adversely affect international relations.
“The release of such information would, or could reasonably be expected to, cause irreparable harm and damage to security and/or defence of Malta, for the following reasons: the applicant seeks to obtain operational statistics and data of a sensitive nature, while it is further counter to national security interests to divulge the operational modus operandi of the force,” it said.
Times of Malta asked the AFM to reconsider the refusal, insisting the forces were subject to accountability which could only be fulfilled with the provision of information. The FOI request did not in any manner ask for information which would question the operational modus operandi of the entity.
‘Merely AN eleMeNt oF Curiosity For soMe’
The request for reconsideration was not upheld and in August we asked for a review by the Information and Data Protection Commissioner.
In its submissions in front of the commissioner, the AFM reiterated its concern over national safety and security, noting also that a portion of the information was subject to an ongoing court case.
The document sent to Times of Malta listing the AFM’s submissions had several parts redacted. In it, the AFM claims that the information requested could be used by third parties “with illicit intentions”.
“Knowing how the AFM operates, on its own and… might guide said third parties to make their apprehension more difficult, and this undermine the military’s function which is, ultimately, the local authority entrusted with the defence and security of the nation.
“What may merely be an element of curiosity for some, may be a valuable source of information to human traffickers, smugglers, and other criminals,” it added.
Reacting, in November Times of Malta said that such description of the role of a public watchdog – a journalist – reflected the culture of secrecy and lack of transparency and accountability in which the AFM’s refusal was founded.
We added that the request was for numbers, not for any other document that would divulge military intelligence, military operations, surveillance operations, or anything of the sort.
“The public authority speaks of prejudice to national security, defence and international relations but fails to explain why the disclosure of the number of persons rescued in Malta’s search and rescue area, or how many disembarked in Malta would create that prejudice.”
The commissioner has not yet decided on the case.