MALTA Law and Practice Contributed by: Antonio Ghio, Paul Gonzi and Rebecca Iversen, Fenech & Fenech Advocates
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws Legislative Framework The main data protection legislative text in Mal - ta is the Data Protection Act, Chapter 586 of the Laws of Malta (“CAP 586”), which repealed and superseded the previous Data Protection Act, Chapter 440 of the Laws of Malta. CAP 586 implements Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the General Data Protection Regula - tion, or GDPR), subsequent to Malta being a member state of the European Union. Another legislative text relevant to the area is the Processing of Personal Data (Electronic Com - munications Sector) Regulations, Subsidiary Legislation 586.01, which implements Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the pro - cessing of personal data and the protection of privacy in the electronic communications sector (the “ePrivacy Directive”). EU Directive 2009/136/EC of the European Par - liament and of the Council of 25 November 2009 amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EC) No 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authori - ties responsible for the enforcement of consum - er protection laws have also been transposed into national law.
Other noteworthy subsidiary legislation (SL) under Chapter 586 of the Laws of Malta includes the following: • the Processing of Personal Data (Protection of Minors) Regulations (SL 586.04); • the Processing of Personal Data for the pur - poses of the General Elections Act and the Local Councils Act Regulations (SL 586.06); • the Processing of Personal Data (Education Sector) Regulations (SL 586.07); • the Data Protection (Processing of Personal Data by Competent Authorities for the Pur - poses of the Prevention, Investigation, Detec - tion or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regula - tions (SL 586.08); • the Restriction of the Data Protection (Obliga - tions and Rights) Regulations (SL 586.09); • the Processing of Data concerning Health for Insurance Purposes Regulations (SL 586.10); • the Processing of Child’s Personal Data in relation to the Offer of Information Society Services Regulations (SL 586.11); and • the Enforcement of Rights of Data Subjects in relation to Transfers of Personal Data to a Third Country or an International Organisation Regulations (SL 586.12). Maltese law in other areas contains the following additional data protection and privacy-related laws: • the Criminal Code, Chapter 9 of the Laws of Malta, Title IX, Cooperation between the National Authorities and the Office of the European Public Prosecutor; • the Identity Card and other Identity Docu - ments Act, Chapter 258 of the Laws of Malta, on the limitations of the use of biometric data stored on an electronic identity card;
302 CHAMBERS.COM
Powered by FlippingBook