The historical evolution of the law of official secrecy in Malta

Abstract

In this paper I trace the historical evolution of the Maltese Law of Official Secrecy from the first enactment on the subject, that is Ordinance No VI of 1899, to date. I discuss the historical background to the enactment of the said Ordinance in order to better illustrate why the need was felt for such an enactment. From the chronological developments which took place in the period 1899 till 1996, it is quite evident that the main source of inspiration of the Maltese Law of Official Secrecy is primarily British Law and secondly legislation of British colonies like Gibraltar. Malta essentially reflected the developments which took place in the United Kingdom in its own legislation both during colonial times as well as in the post colonial period. This is logical once the Maltese Law of 0fficial Secrecy is British inspired. Hence, it was natural for the Maltese legislature, in the post-independence period. to continue to model its legislation on the subject under review on British law. In conclusion. this article draws the attention of the Maltese legislator to certain developments which have taken place in the United Kingdom and even in Malta which are not reflected in the Maltese Law of Official Secrecy.