Julia Dowling reports:
The Court of Appeal has reaffirmed the Malta Financial Services Authority (MFSA) bears responsibility for an unauthorised disclosure of confidential data to the investigative website ‘OffshoreAlert’.
The decision marks the latest development in a long-running legal battle over accountability and data protection standards within Malta’s financial regulator.
This latest judgment, delivered on Wednesday, builds on an earlier ruling in May 2024, which had confirmed that the MFSA was responsible for leaking information about the licence cancellation of E&S Consultancy Ltd before officially notifying the company and its directors, Christian Ellul and Karl Schranz.
In its renewed appeal, the MFSA sought to overturn the decision of the Information and Data Protection Appeals Tribunal, arguing that the tribunal had acted ultra vires and relied on a forensic expert who exceeded his remit.
The regulator also claimed that the alleged disclosure did not amount to a “personal data breach” within the meaning of EU Regulation.
Read more at Malta Today.
The reporting doesn’t indicate what costs or penalties the regulator must pay.