THE MALTA DATA PROTECTION ACT 2001

The Maltese Data Protection Act of 2001 (the “Act”) was the first statute in Malta to deal exclusively with the protection of personal data. It was introduced to render Maltese law compatible with Directive 95/46/EC, even though at the moment of its introduction Malta was not a member of the European Union. The Act entered the statute book on December 14, 2001, with both sides of the House of Representatives voting in favor. It came fully into force on July 15, 2003, and it provides for the protection of individuals, known as data subjects, against violations of their privacy by the processing of personal data.

The following questions have been addressed in this article:

What does ‘the processing of personal data’ mean?
Who has standing to notify the Commissioner of breaches of the data protection rules?
What are 'personal data representatives'?
What are the penalties for data controllers if they breach the law?

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