Data Protection Act (Cap. 586)
Data Protection Act (Cap. 586), article 23
23. (1) Where the Commissioner exercises his powers
pursuant to the Regulation, or a ny other law, the decision of t he
Commissioner shall forthwith be served on the person to whom th e
decision is addressed, which dec ision shall be served either
personally, by registered post to the person’s last known busin ess or
private address, or by electronic means that provide a reliable record
of when service took place.
(2) In the case of service by electronic means, the decision
shall be deemed to have been served upon each person to whom th e
decision is addressed when th e Commissioner has received:
(a) an electronic receipt automatically generated by
the e-mail server when th e communication is read;
(b) a written confirmation by return electronic mail
from the person to whom the d ecision is addressed; or
(c) a verbal confirmation from the person to whom
the decision is addressed that the electronic mail was received .
(3) If service is not effected within a week of issuing the
decision, because the person to w hom the decision refers could not be
found or for any other reason attributable to the person to who m the
decision is addressed, the Commissioner shall publish a notice in the
Gazette and in one or more daily newspapers, stating that a dec ision
has been taken in respect of the person to whom the decision is
addressed and inviting him to c ollect the decision from the
Commissioner’s office. In any such case, service shall be deeme d to
have been effected on the third day after the date of publicati on of the
last notice.
PART VII
Appeals
Information and
Data Protection
Appeals Tribunal.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.