Updated 2.47pm with a statement by the national orchestra.

The national orchestra said on Monday it had decided to supply information requested by Times of Malta after the data protection commissioner said it seemed to consider itself “above the law”.  

In a decision published last week, the commissioner ordered the orchestra to give Times of Malta copies of all agreements it has with a Russian-linked foundation that has pumped millions into the local and international music scene.

The commissioner’s investigation was triggered following a complaint by Times of Malta over the orchestra’s decision to reject a freedom of information request for copies of agreements it has with an NGO called the European Foundation for Support of Culture (EUFSC).

According to the decision, the orchestra “deliberately and persistently” failed to cooperate with the commissioner’s office during its attempt to investigate whether the orchestra had been justified in rejecting the freedom of information request.

The orchestra’s failure to cooperate with its investigation, coming from a reputable musical institution, is “certainly deplorable and is unacceptable in a democratic society”- Data commissioner

Times of Malta has reported how the foundation, presided over by Russian-Armenian Konstantin Ishkhanov, built strong ties among orchestra and government officials, as part of a €12 million splurge on organising music events in Malta and abroad.

The commissioner said the orchestra’s failure to cooperate with its investigation, coming from a reputable musical institution, is “certainly deplorable and is unacceptable in a democratic society”.

The orchestra’s board is chaired by Alfred Camilleri, a former finance ministry permanent secretary under both PN and Labour governments.

According to the orchestra, the agreements with the foundation are exempt from disclosure under freedom of information laws, as they are covered by “legal professional privilege”.

Proposed finding 'common ground' with Times of Malta

In March 2023, following the Times of Malta’s complaint, the commissioner invited the orchestra to elaborate on why it felt its agreement with the foundation was protected from disclosure.

After “several reminders” were sent to the orchestra in April, May and June, the commissioner’s office finally received a reply in July 2023.

In the reply, the orchestra proposed finding “common ground” with Times of Malta about how to handle the information request.

It demanded that Times of Malta withdraw its complaint about the rejected freedom of information request, in exchange for being allowed to “access” the agreement with the foundation, whilst agreeing to restrict publication of the actual documents.

The orchestra further demanded that Times of Malta “must agree that any subsequent publication or media report on the matter should be factual and not speculative, as past reports have been”.

It further ordered that the orchestra’s “official position” be published alongside any Times of Malta article.

This approach, the orchestra said, sought to strike a balance between Times of Malta’s right to access documents “while also preventing the misuse of freedom of information requests to generate speculative articles” that could harm the orchestra’s reputation, which it said goes against the spirit of the law.

'Offensive stand towards journalism'

Times of Malta rejected the orchestra’s demands, with lawyer Therese Comodini Cachia arguing that they are in clear breach of the law and take an offensive stand towards journalism.

Comodini Cachia said that the orchestra’s proposal to restrict Times of Malta’s use of the requested documents was a non-starter, as responsible journalism does not allow for complicity in keeping public interest information hidden.

The lawyer further pointed out that Times of Malta had always reflected the orchestra’s official position in its publications, and had spent months seeking information from the orchestra about its deals with the foundation.

After the proposal was rejected, the commissioner gave the orchestra a September 2023 deadline to hand over a copy of the documents, so it could decide on the merits of Times of Malta’s freedom of information request.

Despite further reminders and the serving of an enforcement notice, the commissioner’s requests continued to be ignored by the orchestra.

In its April 26 decision, the commissioner’s office rebuked the orchestra for its lack of cooperation throughout the investigation.

The commissioner also emphasised the “urgent need” for legislative changes to give its office the necessary power to “effectively and dissuasively” sanction public authorities that “deliberately fail” to adhere with the orders of the commissioner.

Orchestra decides to supply requested information

In a reaction early on Monday afternoon, the national orchestra announced that it had decided to supply the requested information.

It said it was committing itself to improving its internal procedures so that it could be more efficient in correspondence with entities such as the data commissioner. 

It also pointed out that as laid down in the decision by the commissioner, two terms were still running., One was a 20 working day limit for the orchestra to file an appeal, and the other was a 20-day limit for the orchestra to supply the requested information if it did not appeal.

It said it had decided to supply the requested information within the time limit in terms of the law. 

It also pointed out that it severed all collaboration with the European Foundation for Support for Culture” more than 18 months ago.

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