MITA

Description of the structure of MITA

MITA is governed by a Board of Directors and a Chairman. MITA also has a Chief Executive Officer who is supported by ten Heads of Department responsible for strategic areas. Within each department there are administrative and operational employees who assist their respective Heads of Department in ensuring that MITA achieves its objectives.

MITA primarily provides ICT services to other Government entities, which in turn deliver services to citizens. To achieve this objective, MITA procures services from the private sector. MITA follows the Public Procurement Regulations.

Where MITA offers services or initiative directly to the public, such as ICT-related training, it establishes and follows specific terms and conditions governing the respective initiative.

The organisational structure of MITA is set out as illustrated here: https://mita.gov.mt/about-us/our-management/  

Description of functions and responsibilities

MITA is the public entity entrusted with the responsibility of providing ICT infrastructure, systems and services to Government. These ICT services make use of a modern digital ecosystem that contributes to the definition and implementation of Government’s digital strategies. In doing so, these services support the modern economy. Further information on MITA’s strategy and portfolio is available on the following sites: https://mita.gov.mt/portfolio/ u https://mita.gov.mt/portfolio/strategies/

General description of the categories of documents (including exempt documents)

• Financial: Information on projected and actual income, expenditure and financial audits.
• Procurement: Information on tender documents and contracts.
• Performance: Information on strategies, plans performance monitoring, performance indicators, audits, compliance, inspections and reviews.
• Policies, Procedures and Guidelines: Information on the organisational administrative processes and the delivery of services, including individual and corporate responsibilities.
• Management: Internal and business-related documents recording decision-making processes and records of decisions taken at various levels of the organisation.
• Projects: Information on ICT projects undertaken by MITA.
• Lists and Registers: Information on assets.
• Administrative: Information concerning the day-to-day running of the organisation.

Description of all manuals and similar types of documents containing 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 Agency in their personal capacity)

This is an indicative list of documents held by MITA for the purpose of providing access to the public under the Freedom of Information Act (Cap.496 of the Laws of Malta).

More information on 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 the public (including bodies corporate and employees of the Agency in their personal capacity) is available below:

Strategic Management

• Customer Care Policies and Procedures
• Internal Audit Handbook

Financial Management

• Procurement Policies and Procedures

Information Management

• Data Protection Policy
• Freedom of Information Policy and Procedures
• Records Management Policy
• Government ICT Policies (http://ictpolicies.gov.mt)

Human Resources Management

• Recruitment Policies
• Benefits Policies
• Health and Safety Policies
• Code of Ethics Policy
• Working Conditions including Allowance & Benefits Policies
• Employee Rights Policies
• Disciplinary Policies
• Leave Policies including Flexible Work Arrangement Policies

Service Management

• Service Management Policies and Procedures
• Support Policies and Procedures

Property Management

• Physical Access Control Policy
• Official Safety and Housekeeping Rules
• Procurement and Stores Management Procedures

Statement of the information that is required to be available to members of the public wishing to obtain access to official documents from the Agency, including details of the officer or officers to whom requests for such access should be submitted.

Freedom of Information Officer

MITA

MITA, Gattard House, National Road, Blata l-Bajda, HMR 9010, Malta

Email: [email protected]

Internal Complaints Procedure Details

ACKNOWLEDGEMENTS / RECEIPT NOTIFICATIONS

FOI requests are formally acknowledged by Public Authorities. Acknowledgement forms/notifications include a unique reference number and an indication of the date by which the applicant should receive a response.

These forms also include information about the Agency, such as its address, telephone numbers, email address and opening hours, as well as details of the Agency’s internal complaints procedures.

CHECKS CARRIED OUT BY THE AGENCY

Upon receipt of an application form, the Agency verifies whether the request qualifies as a valid FOI request and informs the applicant accordingly.

Where additional information or documentation is required, the applicant will be contacted by the Agency that received the submission and provided with all possible assistance to ensure that the request complies with the provisions of the law.

Notwithstanding the above, when submitting an FOI request, applicants are not required to provide any reason or justification for requesting the information or documentation.

The Agency also verifies whether it holds the requested information or documentation. If it does not, the Agency shall identify the appropriate Authority, transfer the applicant’s submission to that Authority and inform the applicant accordingly.

Where no other Authority can be identified (that is, where the requested information or documentation cannot be traced within any other Public Authority), the Agency shall inform the applicant of this fact.

PROCESSING OF REQUESTS

Once it has been established that the submission constitutes an FOI request and that it can be dealt with by the Agency, the Agency shall determine whether the requested document or information can be provided to the applicant (in full or in part) or whether the request should be refused.

Before taking a decision in this regard, the Agency shall consider whether any of the exemptions established under the Freedom of Information Act apply.

The Agency must issue a notification indicating whether the request has been accepted or refused within twenty working days from receipt of the original request. The Agency may extend this period by a further twenty working days, up to a maximum total of forty working days from receipt of the original request.

FEES AND CHARGES

When the Agency submits its response to the applicant, it must indicate whether any fee is payable for processing the request. Where applicable, such fee shall only cover the costs incurred in providing the requested information or documentation to the applicant. These costs may include processing time, inspections and material costs such as photocopies or digital media.

In any event, the fee shall not exceed €40. No additional charge relating to the submission of applications or complaints shall be incurred by the applicant.  Fees are regulated by Subsidiary Legislation 496.01 (Freedom of Information Act Fees Regulations).

REMEDIES

If an applicant is not satisfied with the response provided by the Agency, the applicant has the right to submit a complaint to the Agency. If, subsequently, the applicant remains dissatisfied with the response received, he or she may lodge an appeal with the Information and Data Protection Commissioner (IDPC).

Should the applicant remain dissatisfied with the outcome, a further appeal may be lodged before the Information and Data Protection Appeals Tribunal and subsequently before the Court of Appeal.

Complaints may be submitted on the following grounds:

1. The Agency has applied an extension to the prescribed twenty-working-day period.
2. The Agency has imposed a fee that is considered excessive.
3. The document was not provided in the format requested.
4. The application was refused (for example, where the application was not recognised as an FOI request).
5. The Agency failed to comply with the prescribed twenty-working-day period (or the period specified in the extension notification, where applicable) for issuing a response.

Applicants may submit complaints through the IDPC website.

HOW DOCUMENTATION / INFORMATION IS PROVIDED

Once the Agency confirms that an application for access to the requested information has been accepted, the applicant may be required to make any applicable payment. Within ten (10) working days from receipt of payment, the Agency shall provide the document or information in the format requested by the applicant or, where this is not possible, in a format which the Agency considers appropriate.

Applicants submitting requests through the FOI portal (FOI Portal) may be given the possibility of downloading the document or information directly from the portal.

Where no fee is payable, the document or information shall be provided within ten working days from the acknowledgement of the request. A request shall be considered abandoned if any required payment is not made within twenty working days from notification.

INTERNAL COMPLAINTS PROCEDURE

An applicant whose request for information has been refused, or who is otherwise dissatisfied with the information provided, its format, or the extension of the deadline for issuing a notification indicating whether a request will be accepted or not, may submit a complaint by email, e-ID or through the forms available on the FOI website at FOI Portal.

Applicants may submit a complaint within a maximum period of thirty days from the last communication issued by MITA or from the omission that gave rise to the complaint. The complaint shall be received by the FOI Officer.

The FOI Officer shall refer the complaint to the FOI Complaints Handling Officer, who shall independently review the processing of the request and the decision taken by the FOI Officer. The Complaints Handling Officer shall respond to the applicant within ten working days from acknowledgement of the complaint and shall inform the applicant of his or her right to refer the complaint to the Information and Data Protection Commissioner in accordance with Article 23 of the Freedom of Information Act (Chapter 496 of the Laws of Malta).

The FOI Complaints Handling Officer shall conduct an independent review of the processing of the information request and communicate the decision reached.

The responsible officer shall inform the applicant of the decision taken regarding the complaint and, where a decision not to release the requested information is confirmed, shall explain the reasons for such decision. Where the complaint concerns the format in which information was provided or an extension of the deadline for issuing a notification as to whether the request will be accepted or refused, and the original decision is upheld, the applicant shall be provided with an explanation as to why the complaint cannot be addressed positively.

Applicants may also make use of the Internal Complaints Procedure to report non-observance of statutory deadlines or failure to issue notifications. In cases where the request for information could have been satisfied but was not satisfied within the timeframes established by the Act, the responsible officer shall waive any applicable fee for the provision of the information.

Other Information

Requests for information are accepted by email or through the online forms/e-ID facilities available on the Freedom of Information Portal.

MITA is not in a position to accept requests for information at its offices. Nevertheless, any applicant who visits MITA’s Head Office will, wherever possible, be provided with assistance in completing the electronic forms from MITA’s offices.

Payments must be made in cash or by cheque payable to MITA. Payment may be effected at the address indicated below or by post, and the FOI request reference number must always be quoted.

Contact Details of the Agency

Address: MITA, Gattard House, National Road, Blata l-Bajda, HMR 9010, Malta
Website: MITA Website
Email Address: [email protected]