Notification and Fees (Data Protection Act) Regulations, 2003

L.N. 154 of 2003

DATA PROTECTION ACT, 2001

ACT NO. XXVI of 2001

Notification and Fees (Data Protection Act) Regulations, 2003

IN exercise of the powers conferred by article 54 of the Data

Protection Act, 2001, the Minister for Information Technology and

Investment, having consulted the Data Protection Commissioner, has

made the following regulations>–

The title of these regulations is Notification and Fees (Data Citation.

Protection Act ) Regulations, 2003

Unless otherwise stated in these regulations, the definitions Interpretation.

contained in the Data Protection Act, hereinafter called “the Act”, shall

apply.

With effect from the 15th July, 2003, controllers shall, prior Transition Periods.

to carrying out any wholly or partially automated or manual processing

operation of personal data, notify the Commissioner thereof>

Provided that in the following cases notification may be made

at any time up to and including>

(a) the 15th April 2004, where automated processing

operations of personal data have already been initiated on the

15th July, 2003<

(b) the 24th October 2007, where processing operations

of personal data held in manual filing systems have already

been initiated on the 15th July 2003.

(1) A notification fee shall be payable to the Commissioner Fees.

for Data Protection, as prescribed in regulation 5 hereunder, upon the

lodging of notification pursuant to regulation 3 above and annually

thereafter.

Provided that where a personal data representative is appointed in

accordance with article 30 of the Act, notification and the relative fee

shall be lodged with the said personal data representative, who shall by

not later than seven days from the date of lodging of said notification,

forward the notification documents and relative payment to the

Commissioner.

(2) No fee shall be due in respect of any other notification.

The fee payable shall be determined in accordance with the

number of employees in the data controller’s employ or as provided in

paragraph (g) below, as follows>

(a) one thousand liri (Lm1000) for applicants with five

hundred (500) employees or more<

(b) seven hundred and fifty liri (Lm750) for applicants with

two hundred and fifty (250) employees but not exceeding five

hundred (500) employees<

(c) five hundred liri (Lm500) for applicants with one

hundred (100) employees but not exceeding two hundred fifty (250)

employees<

(d) two hundred liri (Lm200) for applicants with fifty (50)

employees but not exceeding one hundred (100) employees<

(e) seventy five liri (Lm75) for applicants with twenty (20)

employees but not exceeding fifty (50) employees<

(f) twenty liri (Lm20) for applicants with less than twenty

(20) employees<

(g) twenty liri (Lm20) in all other cases.

These regulations shall not apply in respect of matters

specifically provided for in the Third Country (Data Protection)

Regulations, 2003.

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