In an email to government ministers, PN secretary general blurs state and party lines by requesting personal data of individuals who complained to ministries

N secretary general Paul Borg Olivier has requested government ministers to send the Nationalist Party confidential information about citizens approaching their ministries with complaints.
In a highly confidential email sent to Lawrence Gonzi’s Cabinet members, the PN’s strategy group and the party’s “customer care” section, Borg Olivier speaks of the conclusions of a meeting they all had previously in which it was decided how such information would be shared.
However, the email was also inadvertently sent to a person outside the inner circle of PN and government officials, in an embarrassing twist of events prompting an immediate damage control exercise.
In what amounts to a clear breach of confidentiality, data protection rights and any distinction between government and the party, Borg Olivier’s controversial request is expected to send shockwaves in the political scene.
Divulging individuals’ private data to third parties without their express consent is a criminal offence.
Contacted yesterday, Borg Olivier would not answer about his request to ministers, but only said that the party had a “customer care unit set up, geared at channelling people to various ministers”.
MaltaToday is informed that former party activist Charles Demicoli and Mimcol’s Ivan Falzon, who are part of the strategy group, were also involved in the information sharing.
Borg Olivier also claimed that “all information held by the party and transmitted to ministers is in compliance with data protection regulations” – although MaltaToday’s questions where about his request for information held by ministers to be transmitted to him, not the other way round.
The prime minister’s head of secretariat, Edgar Galea Curmi, said he knew of no such request from Borg Olivier.
“Such a request, if made in whatever form, would not have the approval of the Prime Minister if not in strict compliance with the requirements of the Data Protection Act, including the consent of the persons involved,” Galea Curmi said. “No breach of confidence or data protection would every find the backing of the Prime Minister.”
But an email Galea Curmi himself sent to all ministers and PN officials in reply to Borg Olivier’s request last Tuesday – after it transpired that a third party was in the know – confirms the suspicious and controversial nature of the secretary general’s demands.
“I would like to remind you that under no circumstances should there be any information sharing about clients seeking ministries’ services unless within the context of the legal provisions related data protection,” Galea Curmi wrote.
“This means that at every moment, every person concerned should know beforehand and give her consent for any kind of use of her data. Every kind of consent has to be in writing and a copy of it should be kept in the client’s file. I demand of all colleagues in every ministry that this practice is applied scrupulously in every case.”
Later on the same day, Borg Olivier replied to Galea Curmi’s email that was what he meant in the first place.
“I agree 100% with the position as explained (by Galea Curmi) and I confirm this has always been our idea,” he wrote.
Still, the “clarification” does little to minimise the serious privacy and civil liberties implications, as Borg Olivier’s request undermines further public confidence in the political class.
Meanwhile, the government has yet to appoint a new Commissioner for Data Protection to replace the late Paul Mifsud Cremona, who passed away last August.

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