A non-existent law

Fausto Majistral noticed my note on today's Malta Independent on Sunday and agrees that letters to the editor are still useful to channel ideas as well as to promote blogs! The editor was also kind enough to print a nice cartoon to go with my letter:

The article “ Freedom of Information law non-existent in Malta” (TMIS, 9 January) is useful because it reminds readers that Malta, unlike most of the European Union member states, has no freedom of information legislation in place. This means that the public has no access to public information or government documents “unless otherwise expressly provided for or unless they have been placed at the National Archives and open for public inspection”. As Dr Kevin Aquilina states in his paper, “Freedom of Information under Maltese Law”, Government employees and employees of various bodies established by law have a “duty” to maintain secrecy with regard to the business of their respective department or body.

Most European Union countries have introduced laws that allow greater access to information held by public authorities. Countries with traditions of government secrecy such as Germany and the United Kingdom have been slow in making progress. They are now prepared to allow public access to official information. The Freedom of Information Law in the UK is now in force. It gives the public the right to request information on any subject from any public body. And this has to be provided within a month unless there is a good reason not to. Any individual can also ask for all personal information held about him/her. Public contracts are open to all for scrutiny. In Germany, the much-debated Freedom of Information Law will be in place around June this year. It was not passed on 17 December 2004 as stated in your report – that was only a first reading of the draft law.

Once the German law is in place, only the citizens of Luxembourg, Cyprus and Malta will remain without such rights in the European Union. Maybe smallness breeds secrecy. This is a subject that I turn to from time to time in my weblog at: http://wiredtemples.blogspot.com. Anyone who would like to contribute ideas or suggestions is welcome to post comments on the blog.Your report will hopefully help raise awareness in this country about the urgent need to deal with Malta's traditions of government secrecy, which are not compatible with a modern open society.

Government secrecy