The public’s right to information outweighs the right to privacy and the protection of personal data of Politically Exposed Persons (PEPs), the Anti-Corruption Authority said in an open letter.
The letter responds to a public statement by lawyer Alexandra Lykourgou on behalf of her client, a former Director of the Department of Fisheries, who is named in a report by the Independent Anti-Corruption Authority.
No further explanation needed
The Authority said its announcement of 19 December was a summary of the Inspection Officer’s report, which runs to 275 pages. It said the announcement accurately reflects the report’s findings and conclusions.
It added that revising the announcement would require changes to the report itself, which has already been approved by the Authority and therefore cannot be amended.
According to the Authority, the announcement is sufficiently clear and does not require further explanation.
Responding to claims that the announcement presents Ms Lykourgou’s client as guilty or as having committed criminal offences, the Authority said this is incorrect. It said both the report and the announcement refer only to “potential criminal liabilities”.
Not selective targeting
On claims that naming the individual shows a lack of institutional neutrality or selective targeting, the Authority said the person concerned was considered a Politically Exposed Person at the relevant time, due to his position as Director of the Department of Fisheries and Marine Research.
The Authority cited guidance from the Commissioner for Personal Data Protection, stating that the publication of personal data must be lawful and serve the public interest. It said disclosure is permitted when the public’s right to be informed on matters of public life clearly outweighs the right to privacy and data protection of affected PEPs.
It added that PEPs are subject to different standards from other public officials.
The Authority said that in Cyprus, until recently, PEPs were often protected from the disclosure of their personal data, while other public servants were not. It said this approach must change and that clear criteria must now be applied when deciding on disclosure.
Commissioner's approval
The Authority said there was no intention to target Ms Lykourgou’s client or to treat them differently from others. It noted that all three individuals classified as PEPs were named in the announcement.
On claims that the publication was unconstitutional, the Authority said the announcement was issued with the approval of the Transparency Commissioner. Under the law, the Commissioner is the only authority empowered to approve the disclosure of information held by the Authority, due to a general prohibition on releasing such information.
It added that any assessment of the constitutionality of the legislation can only be made by the courts.