MaltaProcessing of Personal Data (Electronic Communications Sector) Regulations, Regulation 4, Confidentiality of Communications
In force.
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not listen to, tap, store or undertake any other form of interception or surveillance of communications or the related traffic data unless you are the user or the user concerned has consented. A legally authorised recording of communications and the related traffic data in the course of lawful business practice, for the purpose of providing evidence of a commercial transaction or of any other business communication, is not affected (regulation 4).
If you get it wrong
Private right of actionYes
Penalty structure
Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day during which the violation persists, determined and imposed by the Commissioner.
- Rule
- Per violation only
- As of
- Currency
- EUR
- Per violation unit
- Violation
- Per violation amount
- 23293.73
Who enforces it
Enforcement body
The Data Protection Commissioner, who must ensure compliance with the regulations (regulation 12) and determines and imposes the administrative fine (regulation 13).
What this law does
Regulation 4, sub-regulation (1) of the Processing of Personal Data (Electronic Communications Sector) Regulations provides that, without prejudice to regulation 10, no person other than the user shall listen, tap, store or undertake any other form of interception or surveillance of communications and any related traffic data without the consent of the user concerned.
Regulation 4, sub-regulation (2) provides that the regulation does not affect any legally authorised recording of communications and the related traffic data in the course of lawful business practice for the purpose of providing evidence of a commercial transaction or of any other business communication.
Regulation 10 provides that regulations 4, 5, 6 and 7 do not apply when a law specifically provides for the provision of information as a necessary measure in the interest of listed purposes, among them national security, defence, public security and the prevention, investigation, detection and prosecution of offences. Regulation 11 entitles a person who suffers loss or damage because of a contravention of the regulations to take action before the competent court seeking compensation.
Regulation 12 requires the Commissioner to ensure compliance with the regulations. Regulation 13 makes a person who contravenes the regulations liable to an administrative fine of up to EUR 23,293.73 for each violation and EUR 2,329.37 for each day the violation persists, determined and imposed by the Commissioner.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.