IDPC (Malta): Difference between revisions

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===''Ex Officio'' Procedures under Art 57 GDPR===
===''Ex Officio'' Procedures under Art 57 GDPR===
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''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===
===Appeals===
Line 63: Line 63:


=== Filing with the DPA ===
=== Filing with the DPA ===
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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 ===
=== Known Problems ===

Latest revision as of 08:17, 12 July 2022

Office of the Information and Data Protection Commissioner
LogoMT.jpg
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

You can help us by filling in this section!

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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