Birdlife Malta has said that recent communication received by BirdLife Malta from the Data Protection Commissioner does not, as the FKNK claims, request that BirdLife Malta gains the consent of hunters before filming them or say that BirdLife Malta may not process such footage. The letter actually refers to only one incident where footage was released prior to the sentencing of an individual. The Commissioner deemed that BirdLife Malta had been acting in the public interest when publishing the video concerned, but that individuals ought not to be identifiable in such material.

The filming of individuals engaged in illegal acts or otherwise is not prohibited as long as the footage is taken in the interests of the public. The communication from the Data Protection Commissioner related to the person being identified and not to the actual filming of the incident. Footage gathered by BirdLife Malta involving illegal hunting and trapping is regularly passed on to the appropriate authorities and identities are disguised when footage is utilised for other purposes.

In 2011 alone, BirdLife Malta submitted over one hundred investigation reports to the police including footage and photographs of individuals committing hunting and trapping offences.

BirdLife Malta also regularly receives reports and video material from members of the public which are passed on to the authorities for investigation purposes. There is no reason why BirdLife Malta, other NGOs and the public should not continue to report hunting and trapping illegalities by gathering video and photographic evidence to assist the police with their investigations.

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