DPA case CDP/COMP/144/2022 (news publisher) – Order (Malta, 2023)

Order
Information and Data Protection Commissioner11 October 2023Malta
unknown
Order

General GDPR enforcement action

This case relates to broader data protection obligations, not specifically to cookie or consent banner compliance. It is not included in cookie statistics or the Risk Calculator.

A news publisher was ordered to add a no-index metatag to an archived article while keeping its original content available. The remedy balanced the complainant’s privacy and reputation against press freedom. No fine was imposed.

What happened

The complaint concerned the continued search visibility of an old article. The decision addressed the publisher’s webpage rather than issuing an order against a search engine.

Who was affected

The respondent was an anonymised news publisher. The complainant was a former gambling-company executive mentioned in the article.

What the authority found

The publisher had to add a no-index metatag within 20 days of receipt and confirm compliance. The original article was to remain intact; no administrative fine was imposed.

Why this matters

De-indexing by the original publisher is different from deleting an article or delisting results by a search engine, and requires a case-specific balance of fundamental rights.

GDPR Articles Cited
Automatically processed
Art. 17 GDPR
Art. 85 GDPR
View original scraped data
Article 17 GDPR
Article 85 GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

National Law Articles
AI-identified
Art. 9 Malta's Data Protection Act

Source checks

Secondary-source text retrieved.

Review needed — 18 October 2026.

Processing notes: articles corrected, national law identified, source review conflict.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

On 11 October 2023 Malta’s Information and Data Protection Commissioner decided CDP/COMP/144/2022 concerning an anonymised news publisher and an old online article about a former gambling-company executive. The complainant requested relief under Article 17 GDPR, disputing continued search visibility and aspects of the report. The Commissioner distinguished the primary publisher from search-engine operators, confined this proceeding to the publisher, and balanced privacy and reputation against expression and press archives under Article 85 GDPR and Article 9 of Malta’s Data Protection Act. It did not treat the journalistic report as inaccurate personal data or order its deletion. The adopted remedy under Article 58(2) required the publisher to place a no-index metatag in the page’s HTML head, keeping the originally published content intact while blocking external search-engine indexing. Compliance and confirmation were required within 20 days of receipt. The decision imposes no administrative fine; possible future enforcement for non-compliance is not a present fine. The printed decision date onpage 17, rather than PDF creation or upload dates, is used. The appeal notice does not establish a later appeal outcome or finality.

Outcome

Order

A binding order requiring the controller to take specific action.

Related Enforcement Actions (0)

No other enforcement actions found for DPA case CDP/COMP/144/2022 (news publisher) in MT

This is the only recorded action for this entity in this jurisdiction.

Details

Order Date

11 October 2023

Authority

Information and Data Protection Commissioner

GDPRhub ID

gdprhub-6577

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. DPA case CDP/COMP/144/2022 (news publisher) - Malta (2023). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: