Telecommunications (Personal Data and Protection of Privacy)

L.N. 523 of 2004

ELECTRONIC COMMUNICATIONS (REGULATION) ACT

(CAP. 399)

Telecommunications (Personal Data and Protection of Privacy)

(Amendment) Regulations, 2004

IN exercise of the powers conferred by article 34 of the Electronic

Communications (Regulation) Act, the Minister for Competitiveness

and Communications, after consultation with the Malta Communications

Authority, has made the following regulations>-

The title of these regulations is the Telecommunications Citation.

(Personal Data and Protection of Privacy) (Amendment) Regulations,

2004 and they shall be read and construed as one with the

Telecommunications (Personal Data and Protection of Privacy) L.N. 19 of 2003.

Regulations, 2003, hereinafter referred to as “the principal regulations”.

In regulation 1 of the principal regulations the words Amendment of

regulation 1 of the

“Telecommunications (Personal Data and Protection of Privacy) principal

Regulations, 2003” shall be substituted with the words “Electronic regulations.

Communications (Personal Data and Protection of Privacy) Regulations,

2003”.

Subregulation (2) of regulation 3 of the principal regulations Amends regulation

3 of the principal

shall be amended as follows>

regulations.

(a) in the Maltese version the definition of the word

“commissioner” shall be deleted>

(b) the definition of “personal data” shall be deleted<

(ç) in the Maltese version after the definition of

“komunikazzjoni” there shall be added the following new

definition>

“ “Kummissarju” tfisser il-Kummissarju g[all-

Protezzjoni tad-Data<”<

(d) in the definition of the word “Minister” the word

“telecommunications” shall be substituted by the words

“communications”<

(e) the definition of “public telecommunications system”

shall be deleted<

(f)

the definition of “service provider” shall be deleted< and

(g) the definition of “system provider” shall be deleted.

The principal regulations shall be amended as follows>

(a) the words “public telecommunications system” and

“public telecommunications systems” wherever they occur in the

principal regulations shall be substituted in each case with the words

“public communications network” and “public communications

networks”<

(b) the words “service provider” wherever they occur in

the principal regulations shall be substituted in each case with the

words “undertaking which provides publicly available electronic

communications services”<

(c) the words “system provider” wherever they occur in the

principal regulations shall be substituted in each case with the words

“undertaking which provides a public communications network”<

(d) the words “system” and “systems” wherever they occur

in the principal regulations shall in each case be substituted with

the words “network” and “networks”<

(e) the words “Telecommunications (Regulation) Act”

wherever they occur in the principal regulations shall be substituted

with the words “Electronic Communications (Regulation) Act”<

and

(f) the words “telecommunications system” wherever they

occur in the principal regulations other than in the context of the

words “public telecommunications system”, shall be substituted

with the words “electronic communications network”.

In regulation 8 of the principal regulations the words “data

protection in telecommunications” shall be substituted with the words

“data protection in electronic communications”.

Regulation 10 of the principal regulations shall be amended

as follows>

(a) sub-regulation (1) thereof shall be substituted with the

following>

“(1) An undertaking which provides a public

communications network may override anything done to

prevent the presentation of the identity of a calling line -

(i) where a subscriber has requested the tracing

of malicious or nuisance calls received on his line, and

(ii) such an undertaking is satisfied that such

action is necessary and expedient for the purposes of

tracing such calls>

Provided that the data containing the identification of

the calling subscriber shall be stored and made available by

the aforesaid undertaking to the competent authority in

accordance with the relevant legislation>

Provided further that the aforesaid undertaking shall

abide with any directive that the Authority may from time to

time issue where the Authority considers that the aforesaid

undertaking has not taken adequate measures in accordance

with the requirements of this sub-regulation.” and

(b) in sub-reglation (2) thereof the words “The overriding

of the elimination of the calling line identification” shall be

substituted with the words “The overriding of the elimination of

the presentation of the calling line identification”.

Regulation 15 of the principal regulations shall be substituted Substitutes

regulation 15 of the

with the following>

principal

regulations.

The Authority may, in accordance with the

“Administrative

provisions of Part VII of the Malta Communications Authority

Act, impose an administrative fine upon any person who fails

to comply with any of the provisions of these regulations or

with any directive that the Authority may issue in accordance

with these regulations>

Provided that any such fine that the Authority may decide

to impose in accordance with this regulation, shall not exceed

five thousand liri for each breach, and one hundred liri for

each day during which such breach persists.”.

Amends regulation

8. In regulation 16 of the principal regulations the words “the

16 of the principal

Telecommunications Appeals Board.” shall be substituted with the

regulations.

words “the Communications Appeals Board established under the Malta

Communications Authority Act”.

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