The implementation of European Privacy Law in Malta

Abstract

This chapter seeks to discuss the implementation of the various privacy law measures in the Republic of Malta. The status of privacy law in Malta is complicated by the fact that it is a matter which is subject to two complementary systems of international law of which Malta is a member. Malta is a full member of the EU and as such subject to EU law such as the General Data Protection Regulation and Directive 2016/680 but there are important dimensions of privacy which are outside the remit of the GDPR or the Directive, yet which are regulated by wider European law. The GDPR and the Police Directive did not set out to provide privacy safeguards and remedies in the context of national security since they would have been “ultra vires” had they tried to do so. On the other hand, many European states have, before or since the Snowden revelations, beefed up their domestic legislation and/or witnessed landmark decisions by their own national constitutional courts on privacy-related matters both within and outside the remit of the GDPR and the Police Directive. There are therefore emerging European benchmarks against which the status of privacy law in Malta may be measured, and some of these will be applied in this chapter.