Court agency refuses to reveal whose crimes are being 'forgotten'

Malta’s justice system is refusing to provide information about criminal judgments it has deleted from public view.

The Court Services Agency is continuing to ignore questions about ‘right to be forgotten’ requests it has dealt with since they were introduced in 2021.

‘Right to be forgotten’ requests allow people guilty of a crime to apply to have the court judgment against them removed from the public domain after three years. Requests are decided upon by the agency’s CEO, who is given discretion to grant them if they believe there are “valid grounds” to do so.

The agency publishes "general guidance" on criteria used in assessing requests but publishes no information on requests it receives, approves or denies. 

Those found not guilty can also apply and usually see their sentences swiftly revoked, except in cases of public interest. 

Agency ignores FOI request

In February, Times of Malta asked the agency about received and approved ‘right to be forgotten’ requests for the anonymising or erasure of court judgments from the online database over the past five years.

Despite being legally required to decide on the request or ask for an extension within the stipulated timeframe of 20 working days, the Court Services Agency did not respond. It continued to refuse to engage with the freedom of information (FOI) request despite repeated reminders.

A complaint has been lodged with the agency.

FOI requests allow citizens and media organisations to ask for information and documents held by public authorities. Requests can be refused, however.

Extension

Public authorities can extend the time to respond to an FOI application by up to 40 working days but must inform the applicant of the extension within the initial 20-day response window. Applicants dissatisfied with the response provided to them may submit a complaint to such public authorities within 30 days. If still unsatisfied, applicants can then complain directly to the data protection commissioner.

The Freedom of Information Act came into force in 2012, almost four years after it was signed into law. While parts of the legislation were introduced in 2009 and 2010, the bulk of the law was frozen until hundreds of government employees could be properly trained to handle public requests for information.

Last September, the Commonwealth Human Rights Initiative called on the government to repeal laws that allow it to stall FOI requests on appeal, while remarking that such requests were “often denied on arbitrary grounds”.

A 2024 study found there was an “urgent” need to bring the way FOI requests are handled in Malta in line with international best practice, with authorities held to account when they fail to honour such requests “in a timely and transparent manner”.

The legal notice allowing the ‘right to be forgotten’ requests proved controversial at its introduction. A group of media organisations, including Times of Malta, and NGOs wrote to the prime minister urging him to revoke the bill.

The legislation has been criticised for placing barriers to transparency and restricting knowledge in the public interest.