Thursday, 4th December 2008 - 11:25CET

Video: Muscat asks Data Protection Commissioner to investigate PN e-mail

Filming and editing: Paul Spiteri Lucas

The Labour Party today published an e-mail which it said was sent by PN General Secretary Paul Borg Olivier asking ministries to forward details on the persons submitting requests and complaints to the government.

Labour leader Joseph Muscat speaking at a press conference this morning, said that last Monday he had discussed the appointment of a new Data Protection Commissioner with the Prime Minister and the two had agreed on a name.

Dr Muscat said he had written to the new commissioner – whose name he did not reveal – asking him to investigate Dr Borg Olivier’s actions.

The Labour leader said the PN e-mail, which had mistakenly also been sent to PL General Secretary Jason Micallef, was serious not only because of data protection implications, but also because it failed to make a distinction between the government and the party.

He explained that the information from the various ministries was actually to be coordinated by two officials employed in the Office of the Prime Minister and paid from public funds.

This whole issue amounted to spying on the people. He said customer care officers in the various ministries were being directed by the party to forward personal details about the people involved, the complaints they made and how they were followed up.

Dr Muscat said that an e-mail sent by the Office of the Prime Minister in reaction to Dr Borg Olivier’s letter was obviously doctored because the PN knew that Labour had learned about the case.

He said that the Prime Minister too, had to shoulder political responsibility for what had happened.

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Comments

G . Mangion (on 6/12/08)

@ rudolf Degiorgio

For your Info, The one and only Prime Minister Dr. Lawrence Gonzi, is not on a V / L dont be sarcastic buddy, anyway you still have to wait four and a half more Year's to live under His the P.M's PAR IDEJN SODI,
I woder why jason did not read out the e- mail mentioned here, Yes he was shy ! he seem's to learn his lesson now, after his Big part of the mlp's last election LOSS ! but Still he and the mlp are trying to Mislead, the public with all there infamous accusations.
forgvive mai spelin pls !

Gervais Marcel Cishahayo (on 6/12/08)

Yes: Let the secretary generals of political parties compete in solving "Joe the Citizen" complaints!
If anyone who lodges a genuine complaint (a relative concept by dual colour political filter) was to get an appropriate response, why shouldn't the complaint be made known to the public?
There is no master short cut to solve complaints that can be more complex than they are often presented. Sometimes problems are best solved behind closed doors or transparent curtains. Sometimes highly publicised complaints freeze any drive towards solving a problem.
For those who believe in the supremacy of government, may be a goverment website should be set for citizens to post their complaints and the responses recieved! But this would be an infringement to the role of the judiciary which is devised to deal with any complaint from any individual.
Those who have tried both the out-of-court and in-court avenues know the answer. But if political parties in government and out-of-office can provide redress for the citizens complaints, why not let the secretary generals of parties compete in solving citizens complaints... whoever delivers a quicker and better outcome would most probably get the citizens vote come the general election!

philip pace (on 6/12/08)

Without getting into a village pique argument, the NP should sack Dr Borg Olivier and he has to pay the penalties involved.
This was a colossal auto goal by the PN and the PM.
What has has happened threatens our personal security and peace of mind as we have to think twice to lodge a complaint against the Govt.
Those who think that nothing wrong has been committed are just fooling themselves and have not really understood the implications involved.
The PN can come out with any excuse it can say as it shall not be convincing enough.

To Mr.Buttigieg,
Can you name one single Pope who was allowed to get married while sitting on St.Peter's throne? Read the question carefully and then try to answer and be careful!

Rudolf Degiorgio (on 5/12/08)

During XARABANK, Dr.Paul Borg OLIVIER told us that he had sent also this scandalous e-mail by mistake to an ASSISTANT DIRECTOR, go tell it to the marines. RESIGN pls Dr.Borg Olivier & get some computer lessons from your best friend Austin Gatt. By the way........
is Dr.L.Gonzi the PM No.1 or 2 still arround or he's on vacation leave?????
WELL DONE JASON ....I mean JASON MICALLEF.......hahahahaha

RodnikAbilla (on 5/12/08)

@M Brincat do you know about electoral registry ? do you know that is public? but not my info, my info is my mine, and i won't let any one share it with some one else.

C. Marsh (on 5/12/08)

@ J Giusti
It's the govt who has to do something not the party. It's against the law to share information and that's a fact.

joanna farrugia (on 5/12/08)

illl x'intkom bravi tal pn titfaw it tajn fuq pl mela insejtu li jezizti r-registru elettorali? mela ta pl biss kont tircievu ghax jien anki tal pn niehu.u halluna tasqu fl-ilma qeghdin

Joe Vella (on 5/12/08)

@ Muscat Pat

All I know is that the PN gave us the Data Protection Act; and the MLP (PL) wanted to give us "il-Kumitati tal-Girien."

M. Brincat (on 5/12/08)

@M.Spiteri
i totally agree with you.. during an election, we recieve loads and loads of leaflets from mlp and how many times have the mlp called homes to check if we have voted?
so i ask, form where have the mlp get the info to call or to send leaflets to homes?

David Gatt (on 5/12/08)

Another blunder for Paul Borg Olivier

J.Giusti (on 5/12/08)

All this means that finally the PN is trying to do something about the people's worrries and complaints. not only on an eve of an election but through the whole legislature. Well done Paul Borg Olivier...

Paula Chetcuti (on 4/12/08)

PN apologists really amaze me - they're even criticisng the Opposition for doing its work!

Paul Borg Olivier has nothing to do with what happens in the Government Ministries and Secretaries, let alone collect their data. Similar cases had happened abroad and all were followed by concerned resignations. The situtation in Malta is opposite of what requires to be as a European citizen who is supposed to respect the civil rules of the Modern Europe.

There is another point which is seriously disturbing the conscience of the people; the absence of Lawrence Gonzi. We have seen the latter prompting his chest when announcing the Citygate project and nothing of him when such scandals like the MITTSgate come to light.

No wonder that we're reading of a new tax each day.....

mattias agius (on 4/12/08)

Absolutely shameful. The governement should be politically responsible and not cover up this issue. Resignations or public excuses are to be forwarded. This country cannot go on like this. Wrong doers should pay their duties, like any Joe Borg in this country. Basic respect of one's intelliegence. Ethics. GonziPn - respect our intelligence!! Shame on you.

Charles J Buttigieg (on 4/12/08)

@ Michael Fenech

I’m with you all the way. In times of old Popes were allowed to get married, today they aren’t, 30 years ago corporal punishment was tolerated and even encouraged at home and in schools, today it’s a criminal offence, conspiracy to commit a crime was not against the law today it’s a criminal offence, data confidentiality was not protected by law, today it is and offenders are punished with a hefty fine and\or imprisonment.

This scandal is gross and more serious than the Mistragate Affair which involved one person acting in his personal capacity. Here we have the OPM, Ministries and the topmost brass of the PN. This equates with the Watergate Scandal which say the resignation of the President of America.

Twanny Ellul (on 4/12/08)

Where has the whistleblower act proposal gone ?
The problem with PN is that whenever they are faced with a scandal they always go on the defensive by saying MLP did that and that and that, to justify their wrong doings, its time for Pn to wake up, PEOPLE ARE NOT DUMB ANYMORE.
This is something unacceptable to us, its like living in East Germany before 1989 during the Stasi Regime.
What has the departmental customer care to do with PN customer care?
I think this goes against THE HUMAN RIGHTS legislation. I also think Joseph Muscat must go to court and report PN for breaching the HUMAN RIGHT FOR PRIVACY !!!!!!!!

Claire Bonello (on 4/12/08)

Why is PBO's explanation online when the original email is not? After seeing this, readers will be able to judge for themselves.

Enzo Caruana (on 4/12/08)

Let us not forget that this story follows hot on the heels of the scandalous hacking of 20,000 email addresses - and most probably the messages exchanged by the users.
What next?

Jeff Inguanez (on 4/12/08)

I read the e-mail on the Labour Party's own website and in the e-mail nowhere does it result that information was or is to be given to the PN but to the OPM.

If you read the whole e-mail it is obvious that Paul Borg Olivier is not happy with the way citizens' complaints are being handled by Ministries and wants a beter streamlined system that gives full satisfaction to the complainer.

This with all data staying within the government while the system, again within government, follows the complaint and gives full satisfaction to whoever lodged it.

Government at the service of whoever complains to Ministries is now supposedly wrong, according to Dr Joseph Muscat.

The Nationalists' only fault was that they should have published the e-mail themselves as it shows a party much more in tune with the people than with the stifling bureaucracy Labour keeps advocating.

From the e-mail you cannot but say: well done Paul Borg-Olivier and keep up the fight against the red tape that citizens keep encountering in government.

Please read the e-mail for yourselves on Labour's website.

E. Anastasi (on 4/12/08)

Scandal after scandal, it seems that PN never learns. Instead it tries to justify or pretend that no evil exists. Authoritarian big brother tactics are a GRAVE threat to democracy. We felt it in the 70's and 80's. But instead of learning from those mistakes what do they do? They justify their wrongdoings by making claims to the past: if they did it then so can we do it. What kind of reasoning is this. Our democracy is under threat.

charles zammit (on 4/12/08)

i am not going to delve into the matter of what is morally right or wrong here but i would like to point out that no matter how many youngsters the pl stuff in its various committees, it will not bear the necessary fruits if these do not manage to organise an army of it and internet specialists to take on the always increasing population who like me (although i am not that young anymore) surf the net instead of the usual attendances of meeting and conferences and what not. with this type of army obama managed to penetrate localities where the confederate flag takes precedence over the union flag, to take over red belt states, to overrun bush states. thats what the new administration in the pl should aim for taking a leave out of the new us president's book.

Muscat.Pat (on 4/12/08)

This Data Protection scandal was a blatant and cynical scheme as concocted by the Nationalist Party, to spy and use sensitive personal Data, for political ends. One of the basic tenets of Democracy is the separation of the Administrative, the Judicial and the Executive in the running of the country.This is meant to defend JOHN CITIZEN from intrigues of political party in power; in this case the Nationalist Party. Our rights as European citizens are being trampled ; there can be NO excuse for SPYING on citizens and those responsible should be brought to justice!

CMifsud (on 4/12/08)

There is a great distinction in the DPA of data collected by organisations incl political parties and that given freely and kept by organisations. If one is asked his name and address and supplies it, then organisations can keep it but they cannot share it unless they ask your permission to do so.
This law was drawn up by the PN and although what happend would be illegal in most countries, i am sure that they already know they can get away with this one too.
To all those trying to remind us of the 70 and 80's, when are we going to realise we live today and for the future and not the past?
I too have a story from the past if you think you are all virgins!
When i got my first job in 1990 just out of school I was told by one of the members of staff that he had asked his wife, then assistant to a high ranking PN member who is now a very noticable minister, to check me out at PNHQ. As i had a question mark next to my name i was employed. If it was red, then bye bye employment.

michael fenech (on 4/12/08)

@ Ray Buttigieg,

This 2008, why do we keep talking about what happened 20 and 30 years ago,yes that was wrong,now lets move forward. What the PN did is also wrong and it should be stop.

Gerard Cassar (on 4/12/08)

If my memory serves me right, whoever is referring to "kumitati tal-girien" is referring to a document, yes simply a document for the setting up of what now is known officially as "Local Council". Perhaps the name was not quite correct. But what it implied was never set up for the simple reasonthat the P.N. immediately took a hard line against it, and the "kumitati tal-girien"never saw the light of day. Whoever is quoting it is chasing a ghost. It was finally agreed to set up this authority under its proper name "Local council". Whether these are spying instruments, the reply could be yes or no because they have been politicised thanks to the P.N.

Edwin Formosa (on 4/12/08)

Charles J Buttiegieg
"Pointing fingers at others to justify a crime is hypocritical and immoral." Of course it is.

Edwin Formosa (on 4/12/08)

Oh!! "it failed to make a distinction between the government and the party"------CHI PARLA !!!!! The MLP of all people.

eric saliba (on 4/12/08)

most of you posters have missed the most important point here. dr borg olivier wanted to know for what purpose john citizen had gone to a particular ministry.........a VAT still unpaid bill, looking for a job etc so that come election time pressure will be put on these people in order to STEAL their vote!!
i don't mind the parties knowing my address and ID card number. that's available in the electoral register and is public knowledge anyway !!

I Abela (on 4/12/08)

Will you all bunch of OLD GENERATION stop moaning about the 60's 70's and 80's. Do you realise that you are going back 50 years? Shall I come to bomb your house because in the 40's we were at war? The younger generation doesn't want to hear this stuff. All we want is that our rights are upheld. We have a right to privacy.....so be it. If anyone of you who is alleging that political parties have personal information about you, the Data Protection Commissioner would love to hear from you. Also those who are justifying the government by mentioning all sorts of excuses, can send their consent for their data being shared to the various ministries and to Borg Olivier personally. But the majority of people don't want their personal complaints passes on to Borg Olivier (without their consent at least). So please, for once in a lifetime, call a spade a spade, irrespective of your political allegiance.

Charles J Buttigieg (on 4/12/08)

The sacrosanct duty of a party in opposition is to scrutinise and watch like a hawk the governance of the party in government inside and outside parliament and this is the strongest element of a democracy. If the opposition has the least suspicion of misgovernance or conduct unbecoming and doesn’t make its suspicion public it would become an accessory to the wrong doing. A good opposition would not compromise with this principle.

In spite of the malicious attempts and spin doctoring, the bottom line remains the same- the PN allegedly breached a law which they had enacted themselves and recently. Joseph Muscat would have not done justice to his office had he not made this case public. Moreover he must pursue it until justice reaches fruition otherwise his position will become untenable.

Upright citizens would be fulfilling a duty if they report any breach of the ‘Data Protection Act’ to the Commissioner irrespective who the culprit\s are,Partit Laburista not excluded. Pointing fingers at others to justify a crime is hypocritical and immoral.

Partit Laburista was condemned to the opposition benches for its past sins; honest Laburisti must be loyal to the Leader and report any suspicion of a wrong doing.

Andrew Camilleri (on 4/12/08)

Just a couple of points...The lists held by the PL are lists which are of public domain - ie: the electoral register. They are used to call people during elections to urge them to vote. Most of such lists also include a GUESS on one's political affiliation so its nothing more than that - a simple guess.
The second point regarding information gathered in the 70's and 80's should be that at that time such a practice while maybe undesirable was not ILLEGAL. It was only in the last decade that legislation has been put in place to make the retrieving of data without consent illegal.

It is also interesting that the email referred to this practice as something which is not new since apparently the same exercise was done prior to the last general election

P.Schembri (on 4/12/08)

@J.Farrugia. You're like the kettle called the teapot black. You're conveniently forgetting the streetleaders set up by your party in 1976. As a counter attack (to use this term) Il-kumitati tal-girien was set up. Hope you hadn't forgotten your Kumitati tax-xoghol to spy on the fellow workers! I think the PN is an expert in espionage. I have some experience of my during the 60's about PN espionage, when I wished to look for work. I still see that glaring red crossing near my name, staring at me in the face!

dusty william (on 4/12/08)

Th Verdict - no irregularities found. As Usual. What do you you expect from these democratic people?

lgalea (on 4/12/08)

Ray Buttigieg
No Ray.
It should be made PUBLIC because it concerns the PUBLIC at large.
How many other skeletons in the Gonzipn cupboard would be discovered if it was possible to open it?

Also remember that big brother is listening to your telephone conversations, watching and reading your e-mails, monitoring what websites you visit, and constantly infringing on your privacy, all in the name of counter-terrorism.

J Farrugia (on 4/12/08)

No Dr Muscat is not right that the Commissioner for Data Protection should investigate the PN. The DPC should investigate BOTH parties as BOTH OF THEM HOLD PERSONAL DATA ABOUT EACH AND EVERY CITIZEN OF MALTA. This is crass hypocrisy on the part of Joseph Muscat and his new PL. The Labour party was the first political party that obtained personal information during the 70s and 80s about each and every citizen of Malta. Has any one forgot the Kumitati tal-Girien? organised by Labour in the 80s? We have never forgotten them.

John Azzopardi (on 4/12/08)

The Data Protection Commissioner should ensure that none of the political parties keep databases of personal information on individual voters as everyone knows they do.

J. Borg (on 4/12/08)

Dr. Muscat's action is commendable - especially in respect of calling for true demarcation between party and government.
However, it would be consistent that Dr. Muscat also instruct the Data Controller within the PL, to inform every citizen about the information that his party has about the person concerned, and permanently delete the data held, if the citizen concerned requests so.
As regards GonziPN, obviously they are too democratic, transparent, saintly, and all that stuff, to even consider letting anyone get a glimpse of their illegal & abusive database.
But them, no worries, we'll soon have a new Data Protection Commissioner, who will see to the end of this, will he/she not?

JBorg (on 4/12/08)

Data protection is always a very sensitive issue. There is always a problem regarding the sensitivity of information, over the security of an individual. Recently in Italy this situation was discussed over the interception of mobile phone calls. The critical issues are:

Who can use this information?
How can it be used?
How can he be protected when he has access to such information?
Should the person/entity be always informed that his information may be used for such purposes?

I do not know our legislature, maybe some may enlighten me. I am under the impression that political parties were exempted from data protection legislature.

maria falzon (on 4/12/08)

The big issue about this is that the PN is asking about our personal data, complaints, and God knows what, WITHOUT our consent. That is the issue. It is not just data that is achieved through the electoral register which is in public domain, and which is normally used by the political parties. Its this confidential data which is finding itself in the hands of unwanted people without the knowledge of the client. THAT is the issue. Just imagine the situation where a whistleblower wants to uncover some wrong doing. Do you want that data to end up in the HQ of the party in government? Nope.

C Xuereb (on 4/12/08)

If Borg Olivier sent that e-mail by mistake to Jason Azzopardi - he should resign from PN's secretary due to neglect. The guy is not fit to be a secretary of our party.

Manuel Micallef (on 4/12/08)

To M Spiteri:-

What do Cameras has to do with this? True, perhaps parties did in the past invade personal space and freedoms - but would we continue to break the law?!!

People are private citizens and no organisation should spy on them; Especially if it is the governing party who uses its power and governmental resources to spy on private citizens; Here the aim is one - spy on private citizens so that they gather information so that they win next election. This is actually on the borderline with being a dictator!!

J.Chircop (on 4/12/08)

M. Spiteri, you're suggesting stealing personal data should be acceptable just because we suspect it happens on occasions we also don't know about? So do rape, kidnapping and murder happen on such occasions! but no we do not promote it when we hear about such cases, we make an example of it! MY PRIVATE INFO is MINE, and it should be at my discretion with whom i share it!!

Ray Buttigieg (on 4/12/08)

Joseph muscat is right to ask the commissioner to investigate the PN e-mail. However he should have done this privately and not announce it in a press conference, the scope of which was only to gain political mileage. Coming from a leader of a maltese political party this move is nothing but hyprocritical.....i still remember long ques outside labour ministers private residences before election times in the 70s and 80s. where was the distiction between government and party in those days!!!!!

M.Spiteri (on 4/12/08)

Who are we kidding? Political parties speaking about data protection? My dears it doesn't exist and none of them should moralise or chide the other about it. What about street leaders during elections? What about the phonecalls we receive asking us to go vote? What about the somewhat detailed information that the parties are alleged to have with regards to our voting preferences. Data protection my foot - Data privacy is a utopic concept fed to gullibles, who want to believe that personal information is sacred. It is but nobody considers it so. Try to think - how many cameras u pass by on your way to work!!!

M. Brincat (on 4/12/08)

"The Labour leader said the PN e-mail, which had mistakenly also been sent to PL General Secretary Jason Micallef ..."

Just imagine if this mistake did not happen ... just imagine how many other similar emails are sent without similar mistakes happening!!! It's simply gross.

Video: Muscat asks Data Protection Commissioner to investigate PN e-mail

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