Data Protection Act (Cap. 586)

Data Protection Act (Cap. 586), article 23

Official PDF on legislation.mt

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.

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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.