MaltaGDPR Articles 12-21 and Cap. 586, Data Subject Rights in Malta
Regulation (EU) 2016/679 Arts. 12-21; Data Protection Act, Cap. 586, art. 6; Subsidiary Legislation 586.09, reg. 4(e); Subsidiary Legislation 586.11
In force since .
A data subject rights rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- none
What it requires
- Honor a person's request to access, rectify, erase, restrict, port, or object to processing of their personal data in Malta within one month of receipt.
- You need not complete an access, rectification, restriction or objection request, or, for archiving in the public interest, also a portability request, where doing so is likely to make that archiving, or scientific or historical research or official statistics, impossible or seriously impair it and you reasonably believe the derogation necessary, under Data Protection Act (Cap. 586) article 6.
- You may restrict a person's General Data Protection Regulation (GDPR) rights in Malta where that is a necessary measure to establish, exercise or defend a legal claim or for legal proceedings, under Subsidiary Legislation 586.09 regulation 4(e).
- Treat consent given by a child of at least 13 years as valid for an information society service offered directly to that child, under Subsidiary Legislation 586.11.
These lines are LexLint's reading of the law's text. Also read by: Information and Data Protection Commissioner (IDPC) (guidance, recorded ); Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62022CJ0307
- Guidance link
- https://idpc.org.mt/for-individuals/your-rights/
- Case citation
- Case C-307/22 FT v DW, judgment of the Court of Justice (First Chamber) of
- Guidance body
- Information and Data Protection Commissioner (IDPC)
- Open questions
- When may a controller restrict a person's right of access under S.L. 586.09 beyond the limitation in Article 15(4) of the GDPR?
What record it asks for
Logging duty
Articles 12 to 21 set how and when a controller answers a rights request. They state no duty to create, keep or produce a log or record of the request or the answer. Article 6 of the Data Protection Act, Subsidiary Legislation 586.09 regulation 4(e) and Subsidiary Legislation 586.11 set derogations, a ground for restriction and a digital age of consent, and name no log or record.
- Kind
- None
- As of
What this law does
Under General Data Protection Regulation (GDPR) Articles 12 to 21, a person in Malta can ask a controller for access to their personal data and for its rectification, erasure, restriction or portability, or object to its processing, and the controller must answer within one month, a period it may extend by two further months for complex or numerous requests.
Article 6 of the Data Protection Act lets a controller derogate from access, rectification, restriction and objection, and for archiving in the public interest also notification and portability, where those rights would make research, official statistics or archiving impossible or seriously impair it and the controller reasonably believes the derogation necessary.
Subsidiary Legislation 586.09 allows these rights to be restricted where necessary for the establishment, exercise or defence of a legal claim and for legal proceedings. Subsidiary Legislation 586.11 sets Malta's digital age of consent under GDPR Article 8 at 13.
When LexLint raises it
When your app profile says your app serves under-18s or processes personal data.
Back to the example · Lint your app
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