Jul
23

The EU-US Privacy Shield is No More

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This article was written by  Dr. Warren Ciantar and Dr. Claude Micallef-Grimaud . On Thursday 16 th July 2020, the Court of Justice of the European Union ('CJEU') ruled that the 'Privacy Shield' agreement allowing for the transfer of personal data between the European Union and the United States of America does not provide sufficient protection from US surveillance to EU citizens. To fully appreciate the context and ramifications of this decision, one must go back to 2013, when a young Austrian privacy activist by the name of Max Schrems raised a complaint ag...
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1602 Hits
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Mar
31

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

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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. Particu...
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1839 Hits
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Mar
30

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

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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 th...
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1559 Hits
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Oct
09

Cookies: ECJ Confirms Illegality of Pre-ticked Boxes

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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...
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3087 Hits
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Oct
09

New Rules on Secondary Processing of Health Data Come into Force

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The Minister for Health, following consultation with the Data Protection Commissioner, has enacted regulations, through a Legal Notice, to allow for the secondary processing of health data. Secondary processing includes all those forms of processing that are not linked to the primary purpose (providing a health service) for which the data were collected and thus includes: administrative work, analysis of health records, compiling statistics, compiling evidence in medico-legal cases, investigation of health threats and other research activities. This Legal Notice s...
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2910 Hits
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