The Data Commissioner will only investigate a potential leak from Bank of Valletta if one of the persons involved files a complaint.

On Monday, the Parliamentary Secretary for Planning Michael Falzon tabled in Parliament a document listing a number of individuals who retired from the BOV.

Dr Falzon told parliament that the information in question was in the public domain, but the URL on the document in questions shows it was in fact taken from the banks private internal network.

Speaking to The Malta Independent, Data Commissioner Saviour Cachia said, “During sittings at the House of Representatives, there are instances where Members of Parliament from both sides, present arguments in debates which may give rise to data protection violations.  This Office never engaged itself to initiate investigations solely based on parliamentary debates, even where there may be potential breaches in the course of putting and answering parliamentary questions.”

He continued: “Therefore, by way of a general approach, although the Commissioner is empowered to carry out ex officio investigations, in those specific cases where Members of Parliament during parliamentary sittings make reference to personal data on a natural person, in view of the protection MPs enjoy by virtue of their parliamentary privilege, the Commissioner’s position is to investigate alleged data protection breaches following the receipt of a complaint from a data subject who feels that his or her fundamental rights and freedoms have been violated.”

Dr Falzon left BOV in April 2014 when he was appointed to the Cabinet.

He benefited from a unique €260,000 early retirement package which was called “a hybrid solution to cater for the unique circumstances involved in the case” by BOV.

The document tabled in Parliament by Dr Falzon clearly shows the information was taken from BOV’s intranet, and appears to be an internal memo bidding farewell to seven employees retiring from the bank.

Asked in Parliament by Nationalist MP George Pullicino if the data presented is public, Dr Falzon assured that he knows the rules of bank secrecy.

He said the information is available on BOV’s website. A search on the bank’s website yields no such information.  The dates of birth of these seven employees were added on by hand.

Dr Falzon pinpointed two “Nationalist” employees - Michael Borg Costanzi and Jonathan Fenech Adami - who he said had benefitted from a more favourable retirement scheme than he did.

Dr Falzon said in Parliament that the only difference between himself and these two employees is that his is a “Labourite” and they are “Nationalists.”