IDPC (Malta): Difference between revisions
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=== Filing with the DPA === | === Filing with the DPA === | ||
On filing, the Maltese DPA answers the following: | |||
This is to acknowledge receipt of your complaint which is being herewith attached for your record. | ''"This is to acknowledge receipt of your complaint which is being herewith attached for your record.'' | ||
'''Next Steps:''' | '''''Next Steps:''''' | ||
1. A preliminary assessment of your complaint will be conducted to determine the admissibility. If we deem your complaint inadmissible, we will inform you of the decision together with the reasons for such decision. | ''1. A preliminary assessment of your complaint will be conducted to determine the admissibility. If we deem your complaint inadmissible, we will inform you of the decision together with the reasons for such decision.'' | ||
2. If your complaint is considered admissible, we may ask for additional information to support your claim prior to initiating the investigation procedure. | ''2. If your complaint is considered admissible, we may ask for additional information to support your claim prior to initiating the investigation procedure.'' | ||
3. The investigation procedure will include the following steps: | ''3. The investigation procedure will include the following steps:'' | ||
- A copy or a summary of your complaint will be forwarded to the controller responsible for the processing of your personal data. [In the event that your complaint concerns a controller established in another MS, this will be considered as a cross-border case and will be forwarded to the competent supervisory authority which will be responsible for the investigation in terms of its own procedure. You may be requested for additional information to support your case. When a decision will be issued by such authority, it will be communicated to you accordingly]. | '' - A copy or a summary of your complaint will be forwarded to the controller responsible for the processing of your personal data. [In the event that your complaint concerns a controller established in another MS, this will be considered as a cross-border case and will be forwarded to the competent supervisory authority which will be responsible for the investigation in terms of its own procedure. You may be requested for additional information to support your case. When a decision will be issued by such authority, it will be communicated to you accordingly].'' | ||
- The controller will be given the opportunity to make submissions on the case | '' - The controller will be given the opportunity to make submissions on the case'' | ||
- Depending on the nature of the case, you may be provided with a copy of the submissions and be given the opportunity to rebut the arguments made by the controller | ''- Depending on the nature of the case, you may be provided with a copy of the submissions and be given the opportunity to rebut the arguments made by the controller'' | ||
- More information may be requested from both parties if deemed necessary | '' - More information may be requested from both parties if deemed necessary'' | ||
- An onsite inspection may be conducted where considered necessary by the Commissioner for the purposes of the investigation | '' - An onsite inspection may be conducted where considered necessary by the Commissioner for the purposes of the investigation'' | ||
4. Following the conclusion of the investigation, you will be informed of the outcome. A legally-binding decisions will be issued by the Commissioner. | ''4. Following the conclusion of the investigation, you will be informed of the outcome. A legally-binding decisions will be issued by the Commissioner.'' | ||
5. You shall have the right to an effective judicial remedy against a Commissioner s decision. More information on how to file an appeal may be found at the following link | ''5. You shall have the right to an effective judicial remedy against a Commissioner s decision. More information on how to file an appeal may be found at the following link"'' | ||
=== Known Problems === | === Known Problems === |
Latest revision as of 08:17, 12 July 2022
Office of the Information and Data Protection Commissioner | |
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Name: | Office of the Information and Data Protection Commissioner |
Abbreviation : | IDPC |
Jurisdiction: | Malta |
Head: | Saviour Cachia |
Deputy: | n/a |
Adress: | Second Floor, Airways House High Street
Sliema, SLM 1549 MALTA |
Webpage: | idpc.org.mt |
Email: | idpc.info@idpc.org.mt |
Phone: | +356 2328 7100 |
Twitter: | n/a |
Procedural Law: | n/a |
Decision Database: | n/a |
Translated Decisions: | Category:IDPC (Malta) |
Head Count: | n/a |
Budget: | n/a |
The Office of the Information and Data Protection Commissioner (Office of the Information and Data Protection Commissioner) is the national Data Protection Authority for Malta. It resides in Sliema and is in charge of enforcing GDPR in Malta.
Structure
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Procedural Information
Applicable Procedural Law
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Complaints Procedure under Art 77 GDPR
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Ex Officio Procedures under Art 57 GDPR
Maltese DPA can decide to open ex officio procedure but if a complaint was already filed, a right to be heard is not always granted
Appeals
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Practical Information
Filing with the DPA
On filing, the Maltese DPA answers the following:
"This is to acknowledge receipt of your complaint which is being herewith attached for your record.
Next Steps:
1. A preliminary assessment of your complaint will be conducted to determine the admissibility. If we deem your complaint inadmissible, we will inform you of the decision together with the reasons for such decision.
2. If your complaint is considered admissible, we may ask for additional information to support your claim prior to initiating the investigation procedure.
3. The investigation procedure will include the following steps:
- A copy or a summary of your complaint will be forwarded to the controller responsible for the processing of your personal data. [In the event that your complaint concerns a controller established in another MS, this will be considered as a cross-border case and will be forwarded to the competent supervisory authority which will be responsible for the investigation in terms of its own procedure. You may be requested for additional information to support your case. When a decision will be issued by such authority, it will be communicated to you accordingly].
- The controller will be given the opportunity to make submissions on the case
- Depending on the nature of the case, you may be provided with a copy of the submissions and be given the opportunity to rebut the arguments made by the controller
- More information may be requested from both parties if deemed necessary
- An onsite inspection may be conducted where considered necessary by the Commissioner for the purposes of the investigation
4. Following the conclusion of the investigation, you will be informed of the outcome. A legally-binding decisions will be issued by the Commissioner.
5. You shall have the right to an effective judicial remedy against a Commissioner s decision. More information on how to file an appeal may be found at the following link"
Known Problems
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Filing an Appeal
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Decision Database
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Statistics
Funding
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Personal
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Caseload
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Fines
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Annual Reports
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EU/EEA/UK Data Protection Authorities | |
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Iceland · Liechtenstein · Norway · United Kingdom | EDPS · EDPB |