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.
As of .
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.
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 a legal claim or legal proceedings, and 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 crawls the web, trains models, generates content with AI, deploys a chatbot, sends automated outreach or serves under-18s.