Law / Malta

Processing of Personal Data (Electronic Communications Sector) Regulations, erasure or anonymisation of traffic and location data

Processing of Personal Data (Electronic Communications Sector) Regulations (Subsidiary Legislation 586.01), regs. 6(1) and 7(1)

In force since .

A de-identification rule binding private bodies.

Instrument type
a regulation made under an act

What it requires

  • Erase or make anonymous traffic data relating to subscribers and users, held by an undertaking providing publicly available electronic communications services or a public communications network, when it is no longer needed for the purpose of the transmission of a communication, subject to the billing, consent and dispute exceptions in regulation 6 (S.L. 586.01, regulation 6(1)).
  • Process location data other than traffic data only when it is made anonymous, or with the consent of the users or subscribers to the extent and for the duration necessary for the provision of a value added service (S.L. 586.01, regulation 7(1)).

These lines are LexLint's reading of the law's text.

What this law does

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Regulation 6(1) of the Processing of Personal Data (Electronic Communications Sector) Regulations (Subsidiary Legislation 586.01) requires traffic data stored by a provider of publicly available electronic communications services or of a public communications network to be erased or made anonymous when it is no longer needed to transmit the communication.

Regulation 7(1) of the Electronic Communications Sector Regulations allows location data other than traffic data to be processed only when it is made anonymous, or with the consent of the users or subscribers to the extent and for the duration necessary for a value added service.

When LexLint raises it

When your app profile says your app processes personal data, processes de-identified data or provides telecom services.

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