Freedom of Access to Information on the Environment Regulations (2005) (excerpts)


The competent authority (that is, the Malta Environment and Planning Authority) may furthermore, on its own behalf or
on behalf of another public authority, refuse to provide the requested environmental information if disclosure of the
information would adversely affect
(a) the confidentiality of the proceedings of public authorities, where such confidentiality is provided for by law;
(b) international relations, public security or national defence;
(c) the course of justice, the ability of any person to receive a fair trial or the ability of a public authority to conduct an
enquiry of a criminal or disciplinary nature;
(d) the confidentiality of commercial or industrial information where such confidentiality is provided for by national or
Community law to protect a legitimate economic interest, including the public interest in maintaining statistical
confidentiality and tax secrecy;
(e) intellectual property rights;
(f) the confidentiality of personal data and, or files relating to a natural person where that person has not consented to the
disclosure of the information to the public, where such confidentiality is provided for by national or Community law;
(g) the interests or protection of any person who supplied the information requested on a voluntary basis without being
under, or capable of being put under, a legal obligation to do so, unless that person has consented to the release of the
information concerned;
(h) the protection of the environment to which such information relates, such as the location of rare species.
(3) The grounds for refusal mentioned in sub-regulations (1) and (2) hereof shall be interpreted in a restrictive way, taking
into account for the particular case the public interest served by disclosure.”