EXCHANGE OF PERSONAL DATA, INFORMATION AND COOPERATION CONCERNING TERRORIST OFFENCES REGULATIONS

EXCHANGE OF PERSONAL DATA, INFORMATION AND

COOPERATION CONCERNING TERRORIST OFFENCES

SUBSIDIARY LEGISLATION 164.07

EXCHANGE OF PERSONAL DATA, INFORMATION

AND COOPERATION CONCERNING TERRORIST

OFFENCES REGULATIONS

14th November, 2025

LEGAL NOTICE 263 of 2025.

(1)

The title of these regulations is the Exchange of

Personal Data, Information and Cooperation concerning Terrorist

Offences Regulations.

(2)

These regulations implement the requirements of

Council Decision 2005/671/JHA of 20 September 2005 on the

exchange of information and cooperation concerning terrorist offences

and Directive (EU) 2023/2123 of the European Parliament and of the

Council of 4 October 2023 amending Council Decision 2005/671/JHA

as regards its alignment with Union rules on the protection of personal

data.

In these regulations, unless the context otherwise

requires

"designated authority" means the Office of the Attorney

General;

"designated law enforcement authority" means the

Counter Terrorism Unit within the Malta Police Force;

"Police" means the Malta Police Force;

"Regulation (EU) 2016/794" means the Regulation (EU)

2016/794 of the European Parliament and of the Council of 11

May 2016 on the European Union Agency for Law

Enforcement Cooperation (Europol) and replacing and

repealing Council Decisions 2009/371/JHA, 2009/934/JHA,

2009/935/JHA, 2009/936/JHA and 2009/968/JHA.

(1)

The designated law enforcement authority shall

have access to, and collect all relevant information concerning and

resulting from criminal investigations conducted by the Police with

respect to terrorist offences and send it to Europol in accordance with

sub-regulations (3) and (5).

(2)

The designated authority shall act as the Eurojust

national correspondent for terrorism matters which, in accordance with

national law, shall have access to, and may collect all relevant

information concerning prosecutions and convictions for terrorist

EXCHANGE OF PERSONAL DATA, INFORMATION AND

[ S.L. 164.07 COOPERATION CONCERNING TERRORIST OFFENCES

offences and send it to Eurojust in accordance with sub-regulation (6).

(3)

The information referred to in sub-regulation (5)

concerning criminal investigations and the information referred to in

sub-regulation (6) concerning prosecutions and convictions for terrorist

offences which affect or may affect two (2) or more Member States

shall be communicated to

(a)

Europol, in accordance with national law and with

the provisions of Regulation (EU) 2016/794, for processing; and

(b)

Eurojust, in accordance with national law and as

required by the provisions of Regulation (EU) 2018/1727 of the

European Parliament and of the Council of 14 November 2018

on the European Union Agency for Criminal Justice

Cooperation (Eurojust), and replacing and repealing Council

Decision 2002/187/JHA.

(4)

Personal data shall be processed pursuant to sub-

regulation (3) only for the purposes of prevention, investigation,

detection or prosecution of terrorist offences or of other criminal

offences for which Europol is competent, as listed in Annex I of

Regulation (EU) 2016/794. Such processing shall be without prejudice

to the limitations applicable to the processing of data in accordance

with Regulation (EU) 2016/794 or to the provisions in any other

European Union or national legislation regulating other exchanges of

information with Europol.

(5)

The information that shall be transmitted to Europol in

accordance with sub-regulation (3) shall be the following

(a)

data which identifies the person, group or entity;

(b)

acts

under

investigation

and

their

specific

circumstances;

(c)

the offence concerned;

(d)

links with other relevant cases;

(e)

the use of communication technologies;

(f)

the threat posed by the possession of weapons of

mass destruction

Provided that the categories of personal data that shall be

be transmitted to Europol for the purposes of sub-regulation (4) shall

remain limited to those listed in Section B, point 2, of Annex II to

Regulation (EU) 2016/794.

(6)

The information that shall be transmitted in accordance

EXCHANGE OF PERSONAL DATA, INFORMATION AND

COOPERATION CONCERNING TERRORIST OFFENCES

with sub-regulation (3) to Eurojust shall be the following

(a)

data which identifies the person, group or entity

that is criminally investigated or prosecuted;

(b)

the

offence

concerned

and

its

specific

circumstances;

(c)

information about final convictions for terrorist

offences and the specific circumstances related to those

offences;

(d)

links with other relevant cases;

(e)

requests for judicial assistance, including letters

rogatory, addressed to, or by another Member State and the

response.

(7)

Any relevant information included in documents, files,

items of information, objects or other means of evidence, seized or

confiscated in the course of criminal investigations or criminal

proceedings in connection with terrorist offences can be made

accessible as soon as possible, taking account of the need not to

jeopardise current investigations, to the authorities of other interested

Member States in accordance with national law and relevant

international legal instruments where investigations are being carried

out or may be instituted or where prosecutions in connection with

terrorist offences are in progress

Provided that the categories of personal data that may be

exchanged for the purposes of this sub-regulation shall remain limited

to those listed in Section B, point 2, of Annex II to Regulation (EU)

2016/794, as may be amended from time to time.

(8)

Any personal data processed for the purpose of these

regulations shall comply with the Data Protection (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) Regulations.