Data Protection Act (Cap. 586)
Data Protection Act (Cap. 586), article 30
30. (1) Without prejudice to any other remedy available
to him, including the right to lodge a complaint with the
Commissioner, a data subject may, where he believes that his rights
under the Regulation or this Act have been infringed as a resul t of the
processing of his personal data i n contravention of the provisi ons of
the Regulation or this Act, by sw orn application filed before t he First
Hall of the Civil Court, institute an action for an effective j udicial
remedy against the controlle r or processor concerned.
(2) A data subject may also, by sworn application filed
before the First Hall of the Civil Court, institute an action f or
damages against the controller or processor who processes perso nal
data in contravention of the pr ovisions of the Regulation or th is Act.
(3) If in determining an action under sub-article (2) the
court finds that the controller or processor is liable for the damage
caused pursuant to Article 82 of the Regulation, the court shal l
determine the amount of damages, including, but not limited to,
moral damages as the c ourt may determine, due to the data subje ct.
(4) Any action under this article shall be instituted within a
period of twelve months from the date when the data subject bec ame
aware, or ought to have reasonably become aware, of such a
contravention, whichever is the earlier.
18 [CAP. 586. DATA PROTECTION
Actions against the
Commissioner.
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.