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Recent Amendments to the Maltese Subsidiary Legislation Regulating the Processing of data in the Insurance Sector Legal UpdatesTelecoms, Media & Technology

Recent Amendments to the Maltese Subsidiary Legislation Regulating the Processing of data in the Insurance Sector

Legal Notice 107 of 2020 (the 'Legal Notice') has recently introduced important changes and clarifications to the Maltese 'Processing of Data Concerning Health for Insurance Purposes Regulations' (S.L. 586.10), which, in parallel with the EU General Data Protection Regulation (GDPR) and the Maltese Data Protection Act (Chapter 586 of the Laws of Malta), regulate the processing of health data in the insurance sector.S.L. 586.10 primarily sought to set out a lawful basis for entities involved in the "business of insurance" to process data concerning health. Particularly, Regulation 4 thereof had previously set out a number of requirements for the processing…
MamoTCV Advocates
31st March 2020
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Recent Amendments to the Maltese Special Rules of Processing of Personal Data by Public Authorities in Relation to Criminal Offences Legal UpdatesTelecoms, Media & Technology

Recent Amendments to the Maltese Special Rules of Processing of Personal Data by Public Authorities in Relation to Criminal Offences

The Maltese subsidiary legislation regulating 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 (S.L. 586.08), implementing EU Directive 2016/680, came into force on the same day as and in parallel with the EU General Data Protection Regulation (GDPR).The said S.L. 586.08 has recently been amended by virtue of the similarly named Data Protection (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) (Amendment) Regulations,…
MamoTCV Advocates
30th March 2020
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A Brief Overview of the EU Electronic Communications Code Telecoms, Media & Technology

A Brief Overview of the EU Electronic Communications Code

On 17th December 2018, Directive 2018/1972 of the European Parliament and Council establishing the European Electronic Communications Code (the 'EECC') was published and it entered into force on December 20th 2018. This Directive relates mainly to the protection of end-users in the field of telecommunications law and was designed to improve upon the current protection provided to end-users under the present telecommunications framework. Directive 2018/1972 provides for a number of changes to the field of telecommunications law. Some of these changes include, inter alia, that EU Member States are to establish an independent method of comparing similar telecommunications services which are…
Zachary Galea
14th October 2019
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Cookies: ECJ Confirms Illegality of Pre-ticked Boxes Telecoms, Media & Technology

Cookies: ECJ Confirms Illegality of Pre-ticked Boxes

The European Court of Justice ('ECJ') has given its preliminary ruling following a request from the German Federal Court of Justice during a case between the Federation of Consumer Organisations ('the Federation') and Planet49 GMBH ('Planet49'), an online gaming company.  The issue concerned the consent of participants in a promotional lottery being organized by Planet49, to:i)    have their personal data transferred to the Planet49's partners and sponsors;ii)   the storage of their information and;iii)  the access of information stored on the users' terminal equipment (be it laptop, desktop, mobile device etc.).The facts of the case were as follows. In order to participate…
Warren Ciantar
9th October 2019
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AI’s Responsibility Gap Telecoms, Media & Technology

AI’s Responsibility Gap

An autonomous vehicle is heading into another vehicle with five people inside. It cannot brake in time. The two options are: to do nothing and allow itself to crash into the vehicle or to divert its trajectory and crash into a wall, almost certainly killing the autonomous vehicle's sole occupant. This is the Artificial Intelligence version of the 'Trolley Problem' - at its core a philosophical/ethical problem tackled from a number of perspectives, not least by a utilitarian approach.This moral question, which was previously a problem which 'merely' troubled the mind, now troubles us in an actual, physical and even…
Michael Camilleri
2nd October 2019
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Towards Trustworthy AI: Malta’s Ethical AI Framework Open for Public Consultation Telecoms, Media & Technology

Towards Trustworthy AI: Malta’s Ethical AI Framework Open for Public Consultation

In a bid to establish Malta as the "Ultimate AI Launchpad," the Malta.AI Taskforce has released a public consultation document on its intended ethical framework for Artificial Intelligence technology.The title of the document is self-explanatory: "Towards Trustworthy AI". This reflects the Maltese government's intentions of establishing a stable ground for the future development of disruptive technologies.Building on its National AI Strategy  the government intends to base the future of Malta's AI development on four objectives:A human-centric approachRespect for applicable laws, regulations, human rights and democratic valuesMaximising the benefits of AI systems while reducing risksAligning with international standards and norms. Following…
Michael Camilleri
13th August 2019