Data protection policies and procedures within the public service of Malta

Abstract

The EU Directive 95/46/EC sets out the framework for member states to enable them to harmonise the Data Protection principles. Thus, National Governments should 'lead by example' and ensure good data handling practices which fully reflect the Data Protection principles. Since the Data Protection Act was enacted on 14th December 2001, the Public Service of Malta had to adapt to changes implemented by means of the EU Directive. Hence the objectives of this study are to analyse the good practices of Data Protection policies within the Public Service, and, the procedures concerning the security regarding the individual's right to privacy as a fundamental human right. The history behind Data Protection, The Maltese Data Protection Act and Supervisory Authority are examined in this study. An enquiry is then made to the Data Protection setup of the Public Service; which is meant to 'lead by example'. Finally, two recently published Euro Barometer reports are contrasted to the Public Service Processors' Perceptions. Findings and recommendations put forward conclude this study. The study reveals that there is a perception that EU Citizens, especially, Maltese citizens, are not fully aware of their Data Protection rights. An unexpected finding revealed that more than half Maltese Data Controllers in the Private Sector are not familiar with 'Standard Contractual Clauses'.