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Freedom of Information

Freedom of Information Act

Eligible persons are entitled to submit Freedom of Information (FOI) requests to all established Public Authorities, including those listed under the Ministry for Energy and Water Management.

Freedom of Information Act (English Version)

Freedom of Information Act (Maltese Version)


Submitting a Request / Complaint

Eligible Persons:

In order to be eligible to submit FOI requests, a person has to be a resident in Malta and to have been so for a period of at least five years. Such person has to be also either a citizen of Malta or a citizen of any other member state of the European Union or a citizen of any other state the citizens of which have a right, in virtue of any treaty between such state and the European Union, to be treated in Malta in the same manner as citizens of member states of the European Union.

FOI requests or Complaint forms have to be submitted in writing, and can be sent by e-mail to foi.em@enemalta.com.mt or through the FOI portal www.foi.gov.mt via the e-ID or through the online form (without the need for the applicants to register through e-ID).

https://freedomofinformation.gov.mt/online-form
https://freedomofinformation.gov.mt/complaint-online-form


Information to be Provided

When submitting an FOI Request, applicants will be required, apart from providing contact details, to give an indication of the document / information that they wish to obtain. They will also need to indicate the format in which they wish to receive such document / information, namely as a hard copy/print-out, as an electronic copy, in the form of a summary / excerpt of contents or by on-site inspection of the document / information in question. Copies of the ID card or passport and/or additional documentation, as deemed necessary may be requested by the Public Authority, in the case of requests relating specifically to the individual, individual’s assets/interests/right of access.


Types of Requests

In essence, one may ask for any article that is held by a public authority and on which information has been recorded in whatever form, including electronic data, images, scale models and other visual representations, and audio or video recordings, regardless of whether the information can be read, seen, heard or retrieved with or without the aid of any other article or device. One may also ask for documentation which contains policies, principles, rules or guidelines in accordance with which decisions or recommendations are made in respect of members of the public (including bodies corporate and employees of the public authority in their personal capacity). Furthermore, eligible persons have the right to request information (in the form of a written statement) on a decision or recommendation made in their respect or in respect of a body corporate which they represent.


Acknowledgements

FOI requests will be duly acknowledged by the Public Authorities. The acknowledgement forms will include a unique reference number and an indication of the date by when the response will be given. The forms shall also include specific information related to the Public Authority, such as its address, telephone numbers, e-mail addresses, opening hours and also details of its internal complaints’ procedure.


Checks to be carried out by the Public Authority

On receipt of the application form, the Public Authority will verify whether the request qualifies as an FOI request and will inform the applicant accordingly if this is not the case. If it transpires that additional information / documentation is required, applicants will be contacted by the Public Authority to whom the request has been submitted and they will be provided with all possible assistance in order to ensure that such request complies with the provisions of the Act. This notwithstanding, when submitting an FOI request, applicants are not required to provide any justifications for requesting any particular documentation / information.

The Public Authority will also verify whether the requested document / information is held at its end. If this is not the case such Public Authority will seek to identify the proper entity to whom the request should be submitted and will transfer such application accordingly (informing the applicant in the process). If no alternative entity is identified (meaning that the document / information cannot be traced at any Public Authority) the applicant will be informed accordingly.


Processing of request

Once it establishes that a request is an FOI request and can be addressed from its end, the Public Authority will determine whether it can provide the applicant with the document / information requested (in full or in part) or whether it will refuse the request. Prior to taking a decision in this regard, the Public Authority shall consider whether any of the exemptions listed in the FOI Act apply. The Public Authority will submit notification of whether the request will be accepted or not within 20 working days from its receipt. An additional 20 working days extension can be further applied, bringing up the total to a maximum of 40 working days from the date of the receipt of the original request.


Payment of Fee

When submitting a response to the Applicant, the Public Authority shall indicate whether any fees apply. If applicable, such fees shall cover only the costs related to making a document available to the applicant, namely hours of processing, costs of photocopies / faxes and digital media and costs related to inspections. Notwithstanding the above, the total applicable fee shall not exceed €40. No additional fees can be incurred for submitting applications or complaints.

The application of fees is regulated by L.N. 158 of 2010.


Remedial Action

If the applicant is not satisfied with the response provided by the Public Authority vis-à-vis its request, the applicant is entitled to submit a complaint to the same Public Authority. If, subsequently, the applicant remains unsatisfied with the response received, s/he may lodge an appeal with the Information and Data Protection Commissioner (IDPC). If the applicant remains dissatisfied with the outcome of the appeal s/he may appeal to the Information and Data Protection Tribunal and, subsequently, to the Court of Appeal. Complaints may be submitted for the following reasons:

  • The Public Authority has applied an extension to the 20-working day deadline to notify the application whether access would be given to the document / information requested
  • The Public Authority has imposed a fee which is deemed to be excessive
  • The document is not being provided in the requested format
  • The request is being refused (for e.g. request not deemed to be an FOI request)
  • The Public Authority does not respect the 20-working day deadline (or the deadline indicated in the notification of extension, if applicable) for submitting a response

Such forms can be downloaded directly from the FOI website: www.foi.gov.mt or as per below online / complaint forms:
https://secure2.gov.mt/foi/online-form
https://secure2.gov.mt/foi/complaint-online-form

Applicants may submit a complaint through the IDPC’s website by clicking here.


Receiving documentation / information

Whenever a Public Authority communicates a decision to an Applicant that access to a document/ information will be granted, the applicant shall also be invited to effect payment of fees (if applicable). Within 10 working days following payment, the Public Authority will provide the document / information in the same format as the applicant had originally requested or, if this is not possible, in any other format deemed appropriate by the Public Authority. Applicants who submit requests through the FOI portal (www.foi.gov.mt) may be provided with the possibility of downloading the document / information directly from the site.

If no fee will be charged, the document / information will be provided within 10 working days following notification. The request shall be considered to have been abandoned by the applicant if payment is not affected within 20 working days following notification.


Documents/Information

In accordance with Article 17 of the FOI Act, the following information is being published:

Public Authority Enemalta plc
Description of the
department/directorate/entity’s
structure
Enemalta plc’s structure comprises the following:

  • Board of Directors
  • Board of Management
    • Distribution Systems
    • Finance and Legal
    • Energy Trading and Projects
    • ICT
    • Human Resources
    • Business Strategy and Commercial
Description of the
department/directorate/entity’s
functions and responsibilities
Enemalta is the leading energy services provider in the Maltese Islands, entrusted with the distribution of electricity, and the development of
the national electricity distribution network. More information is available at the link below:
https://www.enemalta.com.mt/about-us/profile/
General description of the
categories of documents the
department/directorate/entity
holds (including exempt
documents)
Enemalta plc holds documents falling under the following categories:

  • Electricity consumer related data, including but not limited applications, files, correspondence
  • Claims submitted from the general public
  • Human Resources and Personnel Files
  • Parliamentary Questions Files
  • Internal files, memos and circulars
  • Internal Policies and Procedures
  • Procurement Files
  • Annual reports
  • Financials & Budgets
  • Asset management system reports
  • Statistics and monthly/quarterly reports
  • Contracts for Services, Works and Supplies
  • Audit reports
  • Miscellaneous general correspondence files and email correspondence
General description of the
categories of documents the
department/directorate/entity
holds (including exempt
documents)
Enemalta plc holds documents falling under the following categories:

  • Electricity consumer related data, including but not limited applications, files, correspondence
  • Claims submitted from the general public
  • Human Resources and Personnel Files
  • Parliamentary Questions Files
  • Internal files, memos and circulars
  • Internal Policies and Procedures
  • Procurement Files
  • Annual reports
  • Financials & Budgets
  • Asset management system reports
  • Statistics and monthly/quarterly reports
  • Contracts for Services, Works and Supplies
  • Audit reports
  • Miscellaneous general correspondence files and email correspondence
Description of all manuals and
similar types of documents
which contain policies,
principles, rules or guidelines
in accordance with which
decisions or
recommendations are made in
respect of members of the
public (including bodies
corporate and employees of
the public authority in their
personal capacity)
Enemalta plc holds documents falling under the following categories:

  • Internal Control Manuals, Policies and Procedures
  • Data Protection Manuals, Policies and Procedures
  • ICT Policies and Procedures
  • Collective Agreements
  • Code of Practice
  • Electricity Supply Regulation 
  • Customer Charter
  • Enemalta (Transfer of Assets, Rights, Liabilities and Obligations) Act (CAP 536),
  • Electricity Market Regulations (S.L.545.13), Network Code and any other applicable legislation.
  • Electrical installations in Malta and Gozo are also regulated by the Electrical Installation Regulations (S.L. 545.24)
  • Freedom of Information Guidelines and procedures in accordance with the FOI Act
  • Public Procurement regulations, policy notes and guidelines
  • ​Laws of Malta as may be applicable
Statement of the information
that needs to be available to
members of the public who
wish to obtain access to
official documents from the
public authority, which
statement shall include
particulars of the officer or
officers to whom requests for
such access should be sent
Freedom of Information Officer
Enemalta plc
Central Administration Building
Church Wharf
Marsa MRS 1000
Malta
Telephone: 80072224
Email: foi.em@enemalta.com.mt
Details of Internal Complaints
Procedure
An applicant may lodge a complaint if:

    1. The request for information is partly or fully refused, or
    2. S/he is not satisfied with the information provided and/or its format, or
    3. s/he is not satisfied with the extension of the deadline for the submission of the notification indicating whether a request would be met or not provided, or
    4. the request for information was met, but there was a failure to meet deadlines or to send An applicant may lodge a complaint if:
      a. The request for information is partly or fully refused, or
      b. S/he is not satisfied with the information provided and/or its format, or
      c. s/he is not satisfied with the extension of the deadline for the submission of the notification indicating whether a request would be met or not provided, or
      d. the request for information was met, but there was a failure to meet deadlines or to send notifications within the timeframe specified at law.

The complaint should be addressed to Enemalta plc’s FOI Officer, by using the online form/e-ID on the website www.foi.gov.mt or by sending an e-mail to foi.em@enemalta.com.mt. The FOI Officer (or his/her representative) shall reply to the applicant within ten (10) working days from the receipt of the complaint.

The applicant may appeal the decision or otherwise address a complaint to the Information and Data Protection Commissioner in accordance with the Freedom of Information Act (Cap. 496 of the Laws of Malta).

The FOI Officer shall inform the applicant of the decision taken with respect to his/her complaint, and in the event of confirmation of a decision not to release the pertinent information, shall explain the reasons thereof. Whenever the applicant’s complaint is related to the format of the information provided or to an extension of the deadline for the submission of the notification indicating whether a request would be met or not by the company, and the original decision is upheld, the applicant shall be given an explanation as to why his or her complaint cannot be positively addressed.

An applicant may also make use of the Internal Complaints Procedure to report failure to meet deadlines or to send notifications. In those cases where the request for information can be met, but has not been met within the deadlines specified by the Act, any applicable fees for the submission of information shall be waived.

If the applicant remains dissatisfied with the outcome of the appeal he/she may appeal to the Information and Data Protection Tribunal and, subsequently, to the Court of Appeal.

Public Authority Contact Details Enemalta plc
Central Administration Building,
Church Wharf,
Marsa MRS 1570Website: https://www.enemalta.com.mt/contact/foi/
Email address: foi.em@enemalta.com.mt