Notification and Fees (Data Protection Act)

L.N. 162 of 2004

DATA PROTECTION ACT

(CAP. 440)

Notification and Fees (Data Protection Act)

(Amendment) Regulations, 2004

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

Protection Act, the Minister for Information Technology and

Investment having consulted the Data Protection Commissioner, and

with the concurrence of the Prime Minister and Minister of Finance,

has made the following regulations>-

(1) The title of these regulations is the Notification and Citation and

commencement.

Fees (Data Protection Act) (Amendment) Regulations, 2004 and they

shall be read and construed as one with the Notification and Fees

(Data Protection Act) Regulations, 2003, hereinafter referred to as L.N. 154 of 2003.

“the principal regulations”.

(2) The provisions of these regulations shall be deemed

to have come into force on the 15th July, 2003.

In paragraph (a) of the proviso to regulation 3 of the Amendment of

regulation 3 of the

principal regulations, for the words “the 15th April 2004” there shall principal

regulations.

be substituted the words “the 14th July 2004”.

In subregulation (1) of regulation 4 of the principal Amendment of

regulation 4 of the

regulations, for the words “A notification fee shall be payable to the principal

Commissioner for Data Protection, as prescribed in regulation 5 regulations.

hereunder,” there shall be substituted the words “Subject to the

provisions of regulation 5 of these regulations, a notification fee of

ten Maltese liri (Lm10) shall be payable to the Commissioner for

Data Protection,”

For regulation 5 of the principal regulations there shall be Substitution of

regulation 5 of the

substituted the following>-

principal

regulations.

(1) The notification to the Commissioner as is

“Exemptions.

referred to in regulation 3 of these regulations shall not be

required in relation to personal data processed by a

company, where the only personal data processed by such

company is that contained in its Memorandum and Articles

of Association as registered with the Registrar of

Companies under the Companies Act.

(2) Without prejudice to the notification

requirements as are referred to in regulation 3 of these

regulations, no fee shall be due by the following>-

(a) any person who carries on a trade, business,

profession or other economic activity in a self-

employed capacity, but does not employ any

employees with him<

(b) any of the following organisations which

are exempt from tax under subarticle (1) of article 12

of the Income Tax Act –

(i) the philanthropic institutions and other

similar organisations to which paragraph (e) of

the said subarticle applies<

(ii) bona fide band clubs which qualify

under paragraph (n) of the said subarticle<

(iii) bona fide sports clubs and other

similar institutions which qualify under

paragraph (o) of the said subarticle<

(iv)

registered trade unions< and

(v) political parties and clubs adhering to

political parties.”.

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