Banking Act (Cap. 371), article 35B

35B. (1) The competent authority shall publish, on its official website and in any other media as it considers appropriate, any administrative penalty or penalties imposed under the provision s of this Act or of any regulations made or Banking Rules or Conduct of Business Rules issued thereunder, of the CRR, or of any binding legal instruments issued under the CRD . Such publications shall include information on the ty pe and nature of the breach and the identi ty of the person on whom the penalty is imposed, without undue delay after that person is informed of those penalties: Provided that in cases where an appeal has been filed by the person on whom such administrative penalty or penalties have be en imposed, the competent authority shall, without undue delay, al so BANKING [CAP. 371. 83 publish on its official website and in any other media as it co nsiders appropriate, information on th e status of the appeal and the outcome thereof. (2) The competent authority shall publish the penalties imposed under the provisions of this Act or of any regulations made or Banking Rules or Conduct of Business Rules issued thereunder , of the CRR, or of any binding legal instruments issued under the CRD, on an anonymous basis, in any of the following circumstances: (a) where the penalty is imposed on a natural person and, following an obligatory prior assessment, publication of personal data is found to be disproportionate; (b) where publication would jeopardise the stability of financial markets or an on-going criminal investigation; (c) where publication would cause, insofar as it can be determined, disproportionate damage to the credit institutions or natural persons involved: Provided that, with respect to paragraphs ( a), ( b) and ( c), publication on an anonymous basis in any such circumstances sha ll be an exceptional measure which n eeds to be justified by a deta iled report compiled by the competent authority: Provided further that, where t he circumstances referred to in this sub-article are likely to cease within a reasonable per iod of time, publication under this article may be postponed for such a period of time. (3) Information published in terms of this article shall remain on the official website of the c ompetent authority for a period of not less than five years. Personal data shall be retained on th e official website of the competent authority and in any other me dia it considers appropriate only for the period necessary, in accordance with the provisions of Maltese legislation on data protection. Obligation to give reasons. Added by: LXXI.2021.62.