VERŻJONI ELETTRONIKA
A 783
wholly or partly, by automated means and to such processing other
than by automated means where such personal data forms part of a
filing system or is intended to form part of a filing system:
Provided that this Act shall not apply to the processing of
personal data:
(a)
in the course of an activity which falls outside the
scope of Union law;
(b) by the Government of Malta when carrying out
activities which fall within the scope of Chapter 2 of Title V of
the Treaty on European Union;
(c)
by a natural person in the course of a purely personal
or household activity; or
(d) by competent authorities for the purposes of the
prevention, investigation, detection or prosecution of criminal
offences or the execution of criminal penalties, including the
safeguarding against and the prevention of threats to public
security:
Provided further that the Minister may by regulations, after
consultation with the Commissioner and with the concurrence of the
Minister responsible for the Police, make provisions on the
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, including the
safeguarding against and the prevention of threats to public security.
(2) This Act shall apply to:
(a)
the processing of personal data in the context of the
activities of an establishment of a controller or a processor in
Malta or in a Maltese Embassy or High Commission abroad,
regardless of whether the processing takes place in Malta or not;
(b) the processing of personal data of data subjects who
are in Malta by a controller or processor not established in the
European Union, where the processing activities are related to:
(i) the offering of goods or services, irrespective
of whether a payment of the data subject is required, to
such data subjects in Malta; or
(ii) the monitoring of their behaviour in so far as
their behaviour takes place within Malta;