Regulations, 2004

L.N. 125 of 2004

DATA PROTECTION ACT

(CAP. 440)

Processing of Personal Data (Protection of Minors)

Regulations, 2004

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

Protection Act, hereinafter referred to as the “Act”, the Minister for

Information Technology and Investment, after consultation with the

Data Protection Commissioner, has made the following regulations>–

The title of these regulations is the Processing of Personal

Data (Protection of Minors) Regulations, 2004.

(1) Where any information is derived by any teacher,

member of a school administration, or any other person acting in

loco parentis or in a professional capacity in relation to a minor,

such information may be processed by any of the aforesaid persons

if such processing is in the best interest of the minor.

(2) Where personal data is being processed as aforesaid,

the consent by the parents or other legal guardian of the minor shall

not be required if this may be prejudicial to the best interest of the

minor.

(3) In such a case, no parent or other legal guardian of

the minor shall have access to any personal data held in relation to

such minor.

(4) The foregoing provisions of this regulation shall be

without prejudice to the provisions of article 7 of the Act.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press