STATEMENT OF AUTHORITY
CONFIDENTIALITY COMMITMENT FROM
MALTA MEDICINES AUTHORITY
NOT TO PUBLICLY DISCLOSE NON-PUBLIC INFORMATION SHARED
THE UNITED STATES FOOD AND DRUG ADMINISTRATION
The United States Food and Drug Administration (FDA) is authorized under 21 C.F.R. § 20.891 to disclose non-public information to the Malta Medicines Authority regarding FDA-regulated drugs, including pre- and post-market activities, as appropriate, as part of cooperative law enforcement or cooperative regulatory activities. FDA is further authorized under section 708(c) of the Federal Food, Drug, and Cosmetic Act2 to share with a foreign government, as it deems appropriate and under limited circumstances, certain types of trade secret information.
The Commissioner of Food and Drugs has certified the Malta Medicines Authority as having the authority and demonstrated ability to protect trade secret information from disclosure. FDA therefore may provide Malta Medicines Authority with certain types of trade secret information at FDA’s discretion and upon request by Malta Medicines Authority, based on the following certifications.
Malta Medicines Authority understands that some of the information it receives from FDA may include non-public information exempt from public disclosure, such as commercially confidential information; trade secret information; personal privacy information; law enforcement information; designated national security information; or internal, pre-decisional information. Malta Medicines Authority understands that this non-public information is shared in confidence and that it is critical that Malta Medicines Authority maintains the confidentiality of exchanged non-public information. Public disclosure of exchanged non-public information by Malta Medicines Authority could seriously jeopardize any further scientific and regulatory interactions between Malta Medicines Authority and FDA. FDA will advise Malta Medicines Authority of the non-public status of the information at the time that the information is shared.
Therefore, Malta Medicines Authority certifies that it:
- has the authority to protect from public disclosure such non-public information provided to Malta Medicines Authority in confidence by FDA;
- will not publicly disclose such FDA-provided non-public information without the written authorization of the owner of the information, the written authorization from the individual who is the subject of the personal privacy information, or a written statement from FDA providing that the information no longer has non-public status;
- will protect trade secret information that FDA may provide from disclosure unless and until Malta Medicines Authority is in possession of a written permission for disclosure by the sponsor of the information provided by FDA, or alternatively of a declaration from the Commissioner of Food and Drugs of a public health emergency under section 319 of the Public Health Service Act that is relevant to the information;
- with respect to trade secret information concerning the inspection of a drug facility, has the authority to otherwise obtain such information and will use such FDA-provided information only for civil, administrative regulatory purposes in the context of its mission;
- will inform FDA promptly of any effort made by judicial or legislative mandate to obtain FDA-provided non-public information from Malta Medicines Authority. If such judicial or legislative mandate requires disclosure of FDA-provided non-public information, Malta Medicines Authority will take all appropriate legal measures in an effort to ensure that the information will be disclosed in a manner that protects the information from public disclosure; and
- will promptly inform FDA of any changes to the Maltese laws, or to any relevant policies or procedures, that would affect Malta Medicines Authority ability to honor the commitments in this document.
Malta Medicines Authority understands that FDA-provided information may come to it from the European Medicines Agency (EMA) and/or the European Commission’s Directorate-General for Health and Food Safety (DG SANTE) as a result of the Cooperation Agreement between EMA and the EU Member States Regulatory Authorities. Malta Medicines Authority will protect such FDA-provided non-public information from public disclosure to the same extent that it will protect non-public information provided to it directly by FDA.
This text is not intended to create rights and obligations under international or other law.
Signed on behalf of Malta Medicines Authority
Anthony Serracino Inglott
Chairman Malta Mediciens Authority
Malta Medicines Authority
Sir Temi Zammit Building, Mata Life Sciences Park, San Gwann. SGN 3000.
1 United States Code of Federal Regulations, Title 21, section 20.89.
2 United States Code, Title 21, section 379(c).