Cap. 656 Art. 12Proceedingsbefore the credit reviewer.  Cap. 586.

(1) The credit reviewer has discretion to determine whether, for the purposes of the issuance of the recommendation, any additional oral and, or written submissions are required, in addition to the written submissions stipulated in article 9. Where the credit reviewer determines that any additional oral and, or written submissions are required, he shall provide the parties with an opportunity to make such additional oral and, or written submissions.

(2) The eligible applicant and the lending institution shall have the right to be represented and assisted by a person or persons of their trust. Neither party shall be required to be represented or assisted for any oral hearings which are required by the credit reviewer. If only one

(1) party is represented or assisted, the credit reviewer shall ensure that the hearing remains fair for both parties.

(3) The credit reviewer may request the production of information or documentation from either of the parties or from a third party, as the case may be, which he considers necessary or relevant for the determination of the complaint raised by the eligible applicant, which information or documentation is to be provided before the expiry of such reasonable period as the credit reviewer shall specify, and in the case of information, in such manner or form as may be specified by the credit reviewer:

Provided that any documentation requested by the credit reviewer from a lending institution and which relates to the said lending institution’s internal policies or strategies or any other document which, at the request of the lending institution shall be deemed by the credit reviewer as containing sensitive information in relation to the lending institution, shall be made available by the lending institution to the credit reviewer only, to the exclusion of the eligible applicant or any other third party.

(4) Any personal data processed by the Office shall fully comply with the provisions of Regulation (EU) 2016/679 and the Data Protection Act, including any regulations made thereunder and the fundamental rights and freedoms of the data subjects.

(5) When the Office acts in its capacity of a controller within the meaning of Article 4(7) of Regulation (EU) 2016/679 it shall perform the relevant data processing operations which are strictly limited to the extent necessary and proportionate to enable the Office to exercise its functions under article 4(1).

(6) The language of the proceedings before the credit reviewer shall be either Maltese or English as the credit reviewer may determine in accordance with the particular circumstances of each case, in agreement with the parties.

(7) Subject to the provisions of this Act and of any regulations made thereunder, the credit reviewer shall regulate the proceedings as he deems appropriate.