S.L. 330.14 Art. 10Publication of the decisions of the competent authority.

(1) The competent authority shall publish any decision imposing an administrative penalty or any other administrative measure for breaches of the provisions of the Act, any regulations issued thereunder, any Rules issued by the competent authority and the Securitisation Regulation from which there is no appeal on its website without undue delay after the person on whom the penalty or measure was imposed has been informed of that decision. The publication referred to in this sub-regulation shall include at least information on the type and nature of the breach and the identity of the persons responsible.

(2) Where the publication of the identity of the legal persons or of the personal data of the natural persons is considered by the competent authority to be disproportionate following a case-by-case assessment, or where the competent authority considers that the publication jeopardises the stability of the financial markets or an ongoing investigation, or where the publications would cause, insofar as can be determined, disproportionate damages to the person involved, the competent authority shall either:

(a) defer the publication of the decision to impose the administrative penalty or any other administrative measure until the reasons for non-publication cease to exist;

(b) publish the decision to impose the administrative penalty or any other administrative measure on an anonymous basis in a manner which complies with Maltese law; or

(c) not publish the decision to impose an administrative penalty or any other administrative measure in the event that the options laid down in paragraphs (a) and (b) are considered to be insufficient to ensure:

(i) that the stability of the financial markets would not be put in jeopardy;

(ii) the proportionality of the publication of (SECURITISATION)

such decisions with regard to measures which are deemed to be of a minor nature.

(3) In the case of a decision to publish an administrative penalty or any other administrative measure on an anonymous basis, the publication of the relevant data may be postponed.

(4) Where the decision to impose an administrative penalty or any other administrative measure is subject to appeal before the relevant judicial or other authorities, the competent authority shall also publish immediately on its website such information and any subsequent information on the outcome of such an appeal. Any decision annulling a previous decision to impose an administrative penalty or any other administrative measure shall also be published.

(5) The competent authority shall ensure that any publication in accordance with this regulation shall remain on its official website for a period of at least five years from its publication:

Provided that personal data contained in the publication shall be kept on the official website of the competent authority only for the period which is necessary in accordance with the applicable data protection legislation.