Article 38 of the Constitution of Malta provides individuals protection against arbitrary searches and seizures. To conduct a search, police officers must obtain warrants under reasonable grounds of suspicion. The Minister of Home Affairs or the Prime Minister may issue wiretap warrants, but only in circumstances that relate to national security.[1862]
In May 2004, Malta will join the European Union. In order to comply with the EU Data Protection Directive the Republic of Malta passed the Data Protection Act[1863] in 2001. The Ministry for Information Technology and Investment is charged with enforcing data protection in Malta. Pursuant to the Act, the Republic named a Data Protection Commissioner[1864] and a Data Protection Appeals Tribunal in March 2002. The Act outlines nine principles to ensure the protection of personal information.[1865] Data collectors must state to individuals the specific purpose for the collection of information,[1866] and the data may not be used for other purposes.[1867] The Act also contains accuracy requirements, mandating that "reasonable measures" be taken to "complete, correct, block or erase data to the extent that such data is incomplete or incorrect."[1868] Regarding consent, an individual's "unambiguous" consent is required in order to process personal information[1869] (absent several exceptions) and "explicit" consent it necessary in order to process "sensitive personal data."[1870]
The Malta Communications Authority regulates the telecommunications industry as mandated by the Telecommunications Regulation Act.[1871] The Authority was established in 2001 under the authority of the Malta Communications Authority Act.[1872] In 2003, the Authority enacted Telecommunications (Personal Data and Protection of Privacy) Regulations.[1873] The Regulations contains provisions to help telecommunications subscribers maintain their privacy. The Regulations requires telecommunications providers to inform their subscribers of the existence of situations where their information may be unintentionally made available to third parties.[1874] The Regulation also requires telecommunications carriers to provide the option of disabling caller ID functions.
The Press Act sets forth the boundaries of acceptable content for the press.[1875] The Act makes it unlawful to "impute ulterior motives to the acts of the President of Malta" or to "insult, revile or bring into hated... the person of the President." The Act also establishes libel and slander laws. The Seditious Propaganda (Prohibition Ordinance)[1876] makes it illegal to print material that is likely to encourage seditious activity. The Act allows the government to obtain a warrant to intercept and open mail suspected of containing seditious material.[1877]
Malta has a Commissioner, the Ombudsman, who independently investigates complaints. The Ombudsman may investigate complaints against the government agencies as well as complaints against private individuals.