Malta Tourism Authority Must Disclose Quarantine Hotel Agreements, Data Commissioner Rules
Malta’s data commissioner has ordered the Malta Tourism Authority (MTA) to disclose all the agreements it had signed with two quarantine hotels last year.
This all stems from a Freedom of Information request that Lovin Malta had filed with the MTA last September, requesting a copy of all the agreements it had signed with the Marina Hotel in St George’s Bay and the ST Sliema Hotel.
The MTA rejected this request in November and a subsequent review request, arguing that the information is subject to commercial confidentiality and sensitivity, prompting Lovin Malta to file an appeal with the Information and Data Commissioner (IDPC).
In a ruling this week, Commissioner Ian Deguara ordered the MTA to send Lovin Malta a copy of the agreements as requested.
Breaking down the sequence of events, the IDPC said it had asked the MTA for further information, as well as a copy of the requested agreements so that the IDPC could legally scrutinise them internally.
Superintendent of Public Health Charmaine Gauci, who is in charge of Malta's response to COVID-19
The MTA never forwarded a copy of these agreements, only submitting a copy of an Expression of Interest for the establishment of a quarantine hotel dated 14th May 2021, a copy of the eligible hotels, a request for approval submitted to the Department of Contracts and the approval of the General Contracts Committee.
However, the IDPC reminded the MTA that Lovin Malta had requested a copy of the actual agreements, and after the MTA failed to respond by the deadline, the IDPC issued a decision.
It noted that the MTA failed to explain exactly why it believes the request was legitimate and countered its legal argument of commercial confidentiality by pointing out that the MTA isn’t a commercial partnership.
The tourism authority also failed to explain exactly how the disclosure of the information would negatively impact the hotels’ business affairs.
As for the MTA’s argument that the quarantine hotels were chosen following an expression of interest, the IDPC need that this “shows even more the need to disclose agreements which were not concluded following the issuance of a tender”.
“This is because the public has every right to have information about the public expenditure,” the IDPC stated. “In fact, this lies at the heart of the notion of transparency, wherein the general public should be able to scrutinise the information which is held by the public authorities.”
“Financial scrutiny ensures robust openness, by holding the public authorities accountable for their expenditure.”
The IDPC therefore ordered the MT to provide Lovin Malta with a copy of the agreements it signed with the two quarantine hotels within 20 working days from the date of receipt, with ID numbers or residential addresses redacted accordingly.
It also rebuked the MTA for its lack of cooperation during the course of the investigation.
The MTA has a right to appeal in front of the Information and Data Protection Appeals tribunal.
Malta introduced the quarantine hotel concept last year, obliging everyone travelling from a country classified as ‘dark red’ to quarantine there for two weeks out of their own pockets.
Following a public outcry, the authorities ended up changing the rules to allow Maltese residents to quarantine at home granted their households consist of five people or fewer, all of whom must be vaccinated against COVID-19.
However, some people had demanded a refund of the money they worked out for their hotel room.
Cover photo: Left: MTA CEO Johann Buttigieg, Right: A room inside the ST Sliema Hotel
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