Personal data that is processed by the Malta Police is regulated primarily by the Data Protection Act (Chapter 440 of the Laws of Malta) and legal notices emanating under this Act, in particular LN 142 of 2004 (Processing of Personal Data in the Police Sector Regulations 2004). This applies to data that is held in both manual and electronic formats.
Personal data refers to information that directly or indirectly identifies a natural person through physical, physiological, mental, economic, cultural or social factors. Sensitive personal data is that personal data that reveals race/ ethic origin, political opinions, religious or philosophical beliefs, membership of a trade union, health or sex life.
The Malta Police collects data for the carrying out of its functions as outlined in the Criminal Code (Cap. 9) and in the Police Act (Cap. 164) , and according to its European and International legal obligations arising from EU legislation and agreements with Third Countries to which Malta is signatory.
Data is processed by members of the Malta Police and its civilian employees. Data may be exchanged with other legally constituted authorities having policing / enforcement duties and foreign Law Enforcement Agencies . Personal Data may also be disclosed to other Government departments and third parties, who may also have access to data as authorized by law. The citizen’s rights are safeguarded by the Data Protection legislation as well as by the internal discipline to which members of the Malta Police are subject, and to sanctions against public officers in breach of the law as outlined in the Criminal Code (Cap.9).
Data subjects are entitled to know, free of charge, what information the Malta Police holds and processes about them and why; who has access to it; how it is kept up to date; and to what the Police is doing to comply with its obligations under the Data Protection Act. This applies to both computer or manual filing systems.
The Data Protection Act sets down a formal procedure for dealing with data subject access requests, which the Malta Police follows. Requests for access to personal information by data subjects are to be made in writing and addressed to the Data Protection Officer. The identification details such as ID number, name and surname and address have to be submitted with the request. In case the Police encounters identification difficulties, one may be required to submit a photocopy of an identification document such as the Identity Card, driving licence or passport, this is applicable in the particular instance when data subjects are residing outside Malta.
The Malta Police aims to comply as quickly as possible with requests for access to personal information and will ensure that it is provided within a reasonable time, unless there is good reason for delay. When a request for access cannot be met within such a reasonable time, the reason will be explained in writing to the data subject making the request.
All data subjects have the right to request that their information be amended, erased or not used in the event the data is incorrect.
Such procedures may also be the subject of a complaint to the Data Protection Commissioner who has the legal right to overview the correctness of procedures and replies submitted.
The Malta Police has in place appropriate physical, electronic, managerial and disciplinary procedures that protect the information from unauthorised access, the maintenance of data accuracy and the appropriate use of information.
The Malta Police Data Controller is the Commissioner of Police, who may be contacted through:
The Police Commissioner
Data Protection Unit
Floriana CMR 02
Tel: 22942196, 22942816, 22940000
Monday – Friday: 9am to 5pm
Saturday: 9am to 3pm
Closed on Sundays and Public Holidays
Please view the resources attached on the webpage for a Copy of the Subject Access Request (incl Police Criminal record)