Letters | Sunday, 07 December 2008

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Data protection inside OPM

Referring to Jo Said’s letter entitled ‘Data protection inside the OPM’ carried on Sunday 30 November I wish to highlight what Jo Said himself chose to conceal from your readers. In a complaint filed by the same Jo Said with the Office of the Data Commissioner about the incident referred to in Jo Said’s letter the Data Protection Commissioner, in his ruling dated 25 July 2008, ruled:
1. “Mr Joe Said himself had already made the information public during a programme on ‘Smash TV’, that is three weeks earlier. Consequently, it cannot be concluded that there was any ‘disclosure by transmission’ as provided for by the definition of ‘processing of personal data’ according to article 2 of Cap. 440.
2. “Considering the serious allegations levied by Mr Jo Said against the Prime Minister, the Prime Minister’s reaction to defend his interest was justified according to article 9(f) of Cap. 440.
3. “What is being incorrectly described as divulging of information was necessary, correct and appropriate for the protection of the Prime Minister’s reputation … as provided for in article 9(e) of Cap. 440.
4. “Finally, it is concluded that the divulging of the email did not involve a process that required Mr Jo Said’s consent, as he presumes in his allegation. Therefore the allegation is unfounded and no breach of any disposition of Cap 440 has been found.”
Data protection within the Office of the Prime Minister is ensured strictly within the provisions of the Data Protection Act.

Edgar Galea Curmi
Head of Prime Minister’s Secretariat

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