MALTA Law and Practice Contributed by: Antonio Ghio, Paul Gonzi and Rebecca Iversen, Fenech & Fenech Advocates
in 2.2 Recent Case Law and in the Malta Trends and Developments chapter in this guide). As a member state of the European Union, Mal - ta’s legal landscape is significantly influenced by supranational and international develop - ments in data protection law. Recent trends in privacy litigation in the EU underscore the grow - ing importance of data protection laws, with the Court of Justice of the European Union (CJEU) delivering several landmark judgments that have direct implications for Malta. In 2024, the CJEU addressed several fundamental issues, includ - ing: • consumer litigation against companies violat - ing data privacy rights; • targeted advertising; • the intersection of data privacy and competi - tion law; and • data privacy within the healthcare and finance sectors. These decisions will undoubtedly shape the legal privacy landscape in Malta, guiding domestic litigation and enforcement actions by the IDPC. 2.2 Recent Case Law Locally, the C-Planet decision of 2022 remains the highest fine (EUR65,000) issued by the IDPC. It was imposed on C-Planet It Solutions Limited, which infringed principles of security regarding personal and special categories of data of a sub - stantial number of data subjects. A civil case is currently also being heard in front of the Civil Courts of Malta as a collective action regard - ing the illegal processing of personal data that included voter preferences. The IDPC undertook various decisions during 2024, with a large majority pertaining to com - plaints over CCTV cameras capturing public
GDPR ensures the protection of personal data. This dual approach ensures that AI innovations do not compromise individual privacy rights. It is also pertinent to note that the MDIA issued the following White Paper consultations in respect of AI in 2019: • Malta: Towards an AI Strategy – High-level policy document for public consultation; • Malta: The Ultimate AI Launchpad – A Strate - gy and Vision for Artificial Intelligence in Malta 2023; and • Malta: Towards Trustworthy AI – Malta’s Ethi - cal AI Framework. 1.6 Interplay Between AI and Data Protection Regulations Apart from the interplay between the EU AI Act and the GDPR, there are currently no local laws or guidance on the interplay between applicable laws in Malta. Locally, there has been a notable increase in the number of enforcement actions and decisions issued by the IDPC concerning infringements of data protection law. The IDPC issued more decisions in 2024 than in 2023, indicating a sig - nificant upward trend in enforcement measures. The majority of the decisions published by the IDPC pertain primarily to infringements of data subjects’ rights to access their personal data under Article 15 of the GDPR, and to the right to erasure under Article 17. Many decisions address the unlawful processing of personal data in violation of Article 6 of the GDPR (specific local case law and IDPC decisions are explored 2. Privacy Litigation 2.1 General Overview
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