MALTA Law and Practice Contributed by: Antonio Ghio, Paul Gonzi and Rebecca Iversen, Fenech & Fenech Advocates
Scope, Duties and Powers of the National Supervisory Authority The role of the IDPC, also known as the “Com - missioner”, includes enforcing the GDPR to safeguard the fundamental rights and freedoms of individuals regarding the processing of per - sonal data and to promote the free flow of per - sonal data between Malta and other EU member states (Part V of CAP 586). The Commissioner is granted a distinct legal personality to perform these tasks and exercise these powers. • institute civil judicial proceedings when there are violations or imminent violations of CAP 586 or the GDPR; • request assistance from the executive police to enter and search premises under the inves - tigative powers granted by Article 58 of the GDPR; • seek advice and consult with other compe - tent authorities in fulfilling its functions under CAP 586 and the GDPR; and • confer powers, including investigative pow - ers, on members or staff of seconding supervisory authorities during joint operations with supervisory authorities from other EU member states. The IDPC is empowered to: • impose administrative fines; Decisions made by the Commissioner can be appealed before the Information and Data Pro - tection Appeals Tribunal. Decisions of the Tribu - nal are subject to review by the Court of Appeal. Co-operation With Other Data Protection Authorities Article 15 of CAP 586 allows the Commissioner to seek advice from and consult with any other competent authority while performing functions under CAP 586 and the GDPR. The Commis -
From a Brexit point of view, whilst Malta is home to a number of persons from the UK, the Information and Data Protection Commissioner (IDPC) has not issued Brexit data protection- specific guidance but has reiterated the state - ments issued by the EDPB pertaining to Brexit. 1.2 Regulators Data Protection Authority Under the domestic data protection regime in Malta, the key regulators are: • the IDPC, which is effectively the national supervisory authority in Malta in terms of the GDPR; and • to a secondary extent, in terms of SL 586.01, the Malta Communications Authority (MCA). As the national supervisory authority, the IDPC is tasked with monitoring and enforcing the pro - visions of CAP 586 and its subsidiary legisla - tion, as well as the GDPR. This role is crucial for safeguarding the fundamental rights and free - doms of individuals concerning the processing of personal data and ensuring the free flow of such data between Malta and other EU member states (Part V of CAP 586). The Commissioner is endowed with a distinct legal personality for executing these tasks and powers, and operates with complete independ - ence. According to Article 12(1) of CAP 586, the IDPC must remain free from any direct or indirect external influence, and is prohibited from seek - ing or accepting instructions from any person or entity. This independence is essential for fulfilling the duties and exercising the powers outlined in Article 58 of the GDPR.
305 CHAMBERS.COM
Powered by FlippingBook