MT
Art. 4 Scope. — DATA PROTECTION ACT
Art. 4 Scope. · DATA PROTECTION ACT
(1)
Subject to the provisions of sub-article (2), the
provisions of this Act shall apply to the processing of personal data,
wholly or partly, by automated means and to such processing other
than by automated means where such personal data forms part of a
filing system or is intended to form part of a filing system
Provided that this Act shall not apply to the processing
of personal data
(a)
in the course of an activity which falls outside
the scope of Union law;
(b)
by the Government of Malta when carrying out
activities which fall within the scope of Chapter 2 of Title V of
the Treaty on European Union;
(c)
by a natural person in the course of a purely
personal or household activity; or
(d)
by competent authorities for the purposes of the
prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public
security
Provided further that the Minister may by regulations,
after consultation with the Commissioner and with the concurrence of
the Minister responsible for the Police, make provisions on the
processing of personal data by competent authorities for the purposes
of the prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public security.
(2)
This Act shall apply to
(a)
the processing of personal data in the context of
the activities of an establishment of a controller or a processor
in Malta or in a Maltese Embassy or High Commission abroad,
regardless of whether the processing takes place in Malta or
not;
(b)
the processing of personal data of data subjects
who are in Malta by a controller or processor not established in
the European Union, where the processing activities are
related to
(i)
the offering of goods or services,
irrespective of whether a payment of the data subject is
required, to such data subjects in Malta; or
(ii) the monitoring of their behaviour in so
far as their behaviour takes place within Malta;
(c)
the processing of personal data by a controller
not established in the Union but in a place where the laws of
Malta apply by virtue of public international law.
PART III
Restrictions, Consultation and Prior Authorisation