Data Protection Commissioner asked to investigate BLM and CABS filming

The Federation for Hunting & Conservation - Malta (FKNK) has asked the Commissioner of Data Protection to investigate the possible unauthorized filming and taking of photographs by BirdLife Malta (BLM) and German based Committee Against Birds' Slaughter (CABS) personnel that took place on September 20 at FKNK's Hunting Reserve of Miżieb.

Not only were the filming and photography probably unauthorized, but these occurred against the explicit repeated requests to stop filming from FKNK officials who were present on site at the time, the FKNK said in a statement.

The Commissioner was further informed that some of the photos and filming had been uploaded on BLM and CABS websites and that part of the filming would be transmitted on a Bavarian TV station later this month.

The Commissioner was requested to verify if the FKNK officials' Data Protection rights were violated and if so, what action would be taken against these infringements, the federation said.

It also pointed out that last January 19, the UK organisation Countryside Alliance reported that "The Crown Prosecution Service confirms secret filming is unlawful" stating that "The Crown Prosecution Service (CPS) has issued guidance confirming that covert surveillance by animal rights groups should be authorised under the Regulation of Investigatory Powers Act. It has also confirmed that evidence obtained through unauthorised covert surveillance is in breach of the European Convention on Human Rights".

The Countryside Alliance Head of Media explained to the FKNK that "This all stems from Article 8 of the ECHR which, in essence does not allow for the use of secret filming as evidence unless it has been authorised. In each police force in the UK a senior officer has the power to authorise its use and only then can the evidence be used in court."

The FKNK asked if BLM and CABS had obtained police or any other authorization to carry out secret filming in Malta and, if no authorization was obtained, whether such secret filming breached the rights of Maltese nationals rights under the European Convention on Human Rights.

The letter to the Commissioner of Data Protection was sent much earlier this month, however itwas not made public earlier so as not to influence pending court proceedings in connection with the incident that were concluded today, the FKNK said.