The Malta Tourism Authority has rejected a request by Times of Malta to hand over a copy of concession agreements to set up sunbeds on Comino, saying the information is commercially sensitive.

Every summer for the past years, Comino’s small beach has been taken up by sunbeds, deckchairs and umbrellas, set up by operators, leaving hardly any space for those who do not wish to hire any beach equipment.

Last week, more than 100 people descended on the island to protest the rampant commercialisation of the Blue Lagoon. It was the second such protest since June, with activists having cleared the bay of sunbeds and umbrellas in protest only for the operators to set them up again within days.

Despite promises by Tourism Minister Clayton Bartolo that abuse by the operators will not be tolerated, such abuse is still rampant, with those heading to the island often unable to locate a free spot to lay down a towel. The sunbeds are often laid out early in the morning, well before the first groups of people arrive on the island.

Times of Malta filed a Freedom of Information (FOI) request asking for the concession agreements between the authorities and the operators for both 2022 and 2021 in June.

The authority initially said it wanted more time to decide on the request, claiming it needed to “consult third parties before it can decide on [the] request” and that “more time is needed to obtain the necessary feedback”.

Times of Malta filed a Freedom of Information (FOI) request asking for the concession agreements between the authorities and the operators for both 2022 and 2021 in June

After the 20-day extension ended, the authority rejected Times of Malta’s FOI request, saying the documents are exempt from the law as they are commercially sensitive.

“Kindly note we are unable to meet your request as per sub-paragraph (c) of Article 32 of the FOI Act provides that a document is an exempt document if its disclosure would disclose information concerning a person in respect of his business or professional affairs or concerning the business, commercial or financial affairs of an organisation or undertaking, being information the disclosure of which would, or could reasonably be expected to, unreasonably affect that person adversely in respect of his lawful business or professional affairs or that organisation or undertaking in respect of its lawful business, commercial or financial affairs,” the authority said, quoting the law.

The FOI Act (Cap. 496) came into force in September 2012 and establishes the right for the public to information held by public authorities to promote added transparency and accountability in the government.

The government has in recent years regularly come under fire for its high rejection rate and for repeatedly citing commercial sensitivity and a number of exemptions listed in the law as the reason for withholding documents.

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