S.L. 234.49 ст. 12Disclosure of records and confidentiality. Cap. 586.

(1) Without prejudice to the Data Protection Act, all evidential material related to the marine accident or incident being investigated under these regulations shall not be disclosed or made available for purposes other than a marine safety investigation unless a Court determines that there is an overriding public interest in its disclosure: Provided that the Court, in reaching such a decision, shall have due regard to the opinion of the head of marine safety investigation and the interests of justice in disclosure of the evidential material, or part therein, outweighs any prejudice, or likely prejudice, to:

(a) the marine safety investigation into the marine accident or incident to which the evidential material relates;

(b) any future marine safety investigation undertaken by the Marine Safety Investigation Unit; or

(c) relations between Malta and any other State, or international, regional and domestic organisations.

For the purposes of this regulation and regulation 13(5), ''disclose'' shall include:

(a) divulging or communicating the information in any way; and

(b) in relation to information contained in a document or other article, producing the document or other article, or make it available, for inspection.

(2) A person who has given a declaration or statement to a safety investigator in the course of a marine safety investigation is not precluded by these regulations to make available a copy of his declaration or statement to another person as he deems fit. However, the person who has given a declaration or statement to a safety investigator shall not disclose any comments which were made by the safety investigator in the course of the marine safety investigation.

(3) Any independent technical analysis commissioned under regulation 10(5) by the Marine Safety Investigation Unit and opinions expressed in such analysis, and which therefore are part of the evidential material, may be made publicly available if the head of marine safety investigation considers it appropriate to do so.