Data Protection and Privacy 2025

MALTA Law and Practice Contributed by: Antonio Ghio, Paul Gonzi and Rebecca Iversen, Fenech & Fenech Advocates

• the Accountancy Profession Act, Chapter 281 of the Laws of Malta, on the remit and limita - tions of the Accountancy Board; • the Income Tax Management Act, Chapter 372 of the Laws of Malta, on the partial or complete restriction of data subject rights, particularly the right of access, and on the limitations of the Commissioner of Inland Revenue to request special category data; • the Credit Agreements for Consumers relat - ing to Residential Immovable Property Regulations (SL 378.10), on the limitations of processing personal data obtained from a consumer or any other person in connection with the conclusion and management of any credit agreement, insofar as this may only be processed for the purpose of assessing the creditworthiness of the consumer or of any such other person and their ability to repay in accordance with these regulations; • Part VIII of the Electronic Communications Networks And Services (General) Regula - tions (SL 399.48), on the protection of privacy, which regulate calling-line identification, among other matters; • the Work Place (Minimum Health and Safety Requirements for the Protection of Workers from Risks resulting from Exposure to Elec - tromagnetic Fields) Regulations (SL 424.34), on the limitations on the right of access in the context of safety risk assessments; • the Olive Oil (Marketing Standards) (Imple - menting) Regulations (SL 427.101), establish - ing a public interest ground for the sharing of data and information by persons, natural or legal, for the purposes of the Director Gen - eral’s functions; • the Telework National Standard Order (SL 452.104), on measures, particularly concern - ing software, that employers of teleworkers must implement to ensure the protection of

data used and processed by the teleworker in the carrying out of duties; • the Clinical Trials Regulations (SL 458.43), pertaining to rules regulating clinical trials, including assurances on the rights of the sub - ject to physical and mental integrity, and to the provision and protection of data concern - ing him or her; • the Communication of Passenger Data by Air or Sea Carriers Order (SL 460.18), on the rules regulating the processing of personal data by the Principal Immigration Officer, including on retention periods; • the Securitisation Act, Chapter 484 of the Laws of Malta, on the transfer of personal data, including to third countries without adequate levels of protection, within the con - text of securitisation transactions; • the Voluntary Organisations Act, Chapter 492 of the Laws of Malta, on disclosures of per - sonal data processed by the Commissioner for Voluntary Organisations; • the Deployment and Use of Intelligent Transport Systems Regulations (SL 499.61), pertaining to the processing of personal data in the context of intelligent transport systems (ITS) and the preference for anonymous data in the performance of ITS applications and services; • the Motor Vehicles (Exchange of Data) Regulations (SL 499.62), on, inter alia, reten - tion periods of personal data processed by competent authorities; • the Health Act, Chapter 528 of the Laws of Malta, on, inter alia, the limitation of the right to access by a patient; • the Processing of Personal Data (Secondary Processing) (Health Sector) Regulations (SL 528.10), on, inter alia, the secondary process - ing of personal data and health records for research activities;

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