Data Protection Policy
The Information and Data Protection Commissioner is committed to protect the privacy of individuals who visit the website and who make use of the online facilities.
1. Data Controller
The data controller of this website is the Information and Data Protection Commissioner whose office is situated at Floor 2, Airways House, High Street, Sliema, SLM 1549, MALTA.
2. Data Protection Officer
Our Data Protection Officer may be contacted on [email protected] or via our postal address.
3. Information Collected and Purpose
3.1 Download Information
When you visit our website the following information will be automatically processed and solely for the use by this Office:
– the requested web page or download;
– whether the request was successful or not;
– the date and time when you accessed the site;
– the Internet address of the web site or the domain name of the computer from which you accessed the site;
– the operating system of the machine running your web browser and the type and version of your web browser.
3.3 Personal data provided by the data subject
When using this website’s online facilities, data subjects may be required to provide their contact details for contact purposes.
All information provided in the complaints and queries sections will be solely used by the Commissioner and his staff as may be necessary to provide you with the required advice, remedy or service and for other administrative reasons for the purposes of enabling the Commissioner to exercise his regulatory tasks.
The legal basis we rely on to process your personal data is Article 6(1)(e) GDPR that allows us to process personal data when this is necessary to perform our public tasks as a regulator.
If the information you provide us in relation to your complaint contains special category of data, such as health, religious or ethnic information, the legal basis we rely on to process such information is Article 9(2)(g) GDPR, which also relates to our public task and the safeguarding of your fundamental rights.
No third parties have access to your personal information unless specifically provided by law. However, if you have made a complaint about an organisation, we would generally be required to disclose your identity to the controller to allow for further enquiry and investigation. Should there be information you do not wish to be passed on, please let us know accordingly. Naturally, during such process, we may also receive further information about you.
If you do not want information that identifies you to be shared with the organisation you complain about, we will try to respect your choice. However, it is not always possible to handle a complaint on an anonymous basis.
If you are acting on behalf of someone making a complaint, we will ask for information to satisfy us of your identity and, if relevant, ask for information to show you have authority to act on another data subject’s behalf.
We may publish statistics relating to the number and nature of complaints received but not in a form that would identify any individual.
For information about how long we hold personal data, click here to access our retention schedule.
3.4 Recipients of the personal data
We will not share your information with any third parties for the purposes of direct marketing.
We have in place a service contract with a data processor who provides dedicated technical services when specifically required for the purpose of assisting the Commissioner when conducting complex on-the-spot announced inspections. A contract is in place to ensure, inter alia, that any personal information, that may be forwarded to the processor, is solely processed upon our instructions, held securely throughout the process and returned to the Commissioner when the investigation is concluded.
In the case of cross border complaints, we may be required to share your personal data with other European supervisory authorities for the purpose of the one-stop-shop mechanism in accordance with the GDPR.
3.5 Your rights as data subjects
Subject to regulation 4(f) of Subsidiary Legislation 586.09, as an individual you may exercise your rights to the personal data processed by this Office, including:
Your right of access
You have the right to ask us for copies of your personal data that is being processed. There are some restrictions which means you may not always receive all the information we process.
Your right to rectification
You have the right to ask us to modify your personal data in case you belief that your personal data is not correct, up to date or accurate.
Your right to erasure
You have the right to ask us to delete your personal data in certain circumstances. This is not an absolute right, and depends on our retention schedule and retention periods in line with other applicable laws.
Your right to restriction of processing
You have the right to ask us to restrict the processing of your information in certain circumstances.
Your right to object to processing
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks, or is in our legitimate interests.
Your right to data portability
You have the right to ask us to provide you with an electronic copy of the personal data that you have provided. You may also request us to forward such data to another controller. This right only applies if we are processing information based on your consent and processed by automated means.
Your right to withdraw your consent
You have the right to withdraw your consent at any time if such processing is based on point (a) of Article 6(1) or point (a) of Article 9(2), without affecting the lawfulness of such processing taking place before its withdrawal.
No fees are applicable when exercising your rights. You will be provided with a response within one month.
Please contact our DPO on [email protected] if you wish to make a request and exercise your rights.
4. Links to Other Websites
5. Website Security Measures
This site uses Secure Sockets Layer (SSL) to ensure secure transmission of your personal data. You should be able to see the padlock symbol in the status bar on the top left-hand corner of the browser window. The url address also starts with https:// depicting a secure webpage. SSL applies encryption between two points such as your PC and the connecting server. Any data transmitted during the session will be encrypted or scrambled and then decrypted or unscrambled at the receiving end. This will ascertain that data cannot be read during transmission.
Any comments or suggestions that you may have and which may contribute to a better quality of service in relation to this website will be welcome and greatly appreciated.