Accountancy Profession Act (Cap. 281), article 20A

20A. (1) The Board shall publish on its official website at least any administrative sanction imposed for breach of the provision s of this Act, the regulations made under it or Directives, or of th e Audit Regulation in respect of which all rights of appeal have been exhausted or have expired, as soon as reasonably practicable immediately after the person sanctioned has been informed of that decision, including information concerning the type and nature of the breach and the identity of the natural or legal person on w hom the sanction has been imposed: Provided that where the sanctions imposed are subject to appeal, publication shall only be made after all rights of appe al have been exhausted or have expired. (2) The Board shall publish the sanctions imposed on an anonymous basis, and in a manner which is in conformity with Maltese law, in any of the following circumstances: (a) where, in the event that the sanction is imposed on a natural person, publication of personal data is shown to be disproportionate by an obligatory prior assessment of the proportionality of such publication; (b) where publication would jeopardise the stability of financial markets or an ongoing criminal investigation; (c) where publication would cause disproportionate damage to the institutions or individuals involved. (3) The Board shall ensure that any publication in accordance with sub-article (1) is of proportionate duration and that it r emains on its official website for a minimum period of five (5) years after all rights of appeal have been exhausted or have expired. (4) The publication of sanctions and measures and of any public statement by the Board shall respect fundamental rights as laid down in the Charter of Fundamental Rights of the European 34 CAP. 281.] ACCOUNTANCY PROFESSION Union, the Constitution of Malta and the Convention for the Protection of Human Rights and Fundamental Freedoms; in particular the right to respect for private and family life and the right to the protection of personal data: Cap. 586 Provided that such publication or any public statement is not to contain personal data of third parties within the meanin g of the provisions of the Data Protection Act. Reporting of breaches. Added by: XXXVI. 2016.16.