The Sunday Times of Malta

‘Prejudice to national security’ – AFM

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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.

 ?? ?? A graphic by Moviment Graffitti showing the increased footprint and volume of proposed villas.
A graphic by Moviment Graffitti showing the increased footprint and volume of proposed villas.

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