The ruling of the Data Protection Commissioner in the case where the general secretary of the Nationalist Party sent an e-mail asking ministries and parliamentary secretariats to forward to the Office of the Prime Minister personal details of individuals making complaints, includes a significant recommendation that should be implemented as quickly as possible.
Data Protection Commissioner Joseph Ebejer, referring to circumstances wherein a complaint received by one office would have to be referred to another office to be investigated, recommended that a clause be included and implemented in the process, informing the individual concerned how the information would be dealt with by the government.
Additionally, considering that many persons usually file two complaints or requests, one with a ministry or parliamentary secretariat and another with the Office of the Prime Minister, it appears there is room for an improved system to avoid duplication of work as much as possible.
People would surely be more than happy to see an enhanced operational framework, which would also offer an upgraded guarantee that personal information is always being handled properly and in line with basic principles. This primarily means that personal information is processed fairly, lawfully and in accordance with good practice and is never processed for any purpose incompatible with that for which the information is collected.
The case in question naturally also raises the very important issues of the essential difference that exists between the role of a political party and that of the state and the clear demarcation line that needs to always distinguish them and keep them apart.
The e-mail sent by the PN general referred to a meeting he had with the heads of customer care services of ministries and parliamentary secretariats and a request that these officers pass on to the Office of the Prime Minister details of people who would have lodged a complaint.
In his investigations, Mr Ebejer established that the system that had been suggested did not in fact materialise. Nonetheless, the initiative was unwarranted and that e-mail should never have been sent, above all because, as has been determined by the Data Protection Commissioner, the request did not take into account the relevant legal requirements and could have had "serious consequences" vis-a-vis the rights to privacy of the individuals about whom personal information would have been issued.
If a citizen makes a complaint or a request specifically to the government, such a complaint or request should be dealt with and followed up as required solely by the government.
Political party strategists or representatives should keep within their parameters and in no way get involved in the process.
Unless, of course, it is the individual himself who freely and legitimately seeks their assistance and gives his prior and clear consent in this regard according to law.
All, especially politicians, are expected to invariably strive towards the promotion and strengthening of whatever is necessary to establish and maintain, at all times, sound relations, mutual confidence and trust between those governing and those governed.
From party politics this requires a lot of prudence and full political correctness.