The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 440) regulate the processing of personal data whether held electronically or in manual form. The LEGAL AID MALTA AGENCY is set to fully comply with the Data Protection Principles as set out in such data protection legislation.
PURPOSES FOR COLLECTING DATA
The LEGAL AID MALTA AGENCY collects and processes information to carry out its obligations in accordance with present legislation. All data is collected and processed in accordance with Data Protection Legislation and according to Title X of Chapter 12 of the Laws of Malta, Title III of Chapter 9 of the Laws of Malta, LN 414 of 2014 and LN 64 of 2016.
RECIPIENTS OF DATA
Personal Information is accessed by the employees who are assigned to carry out the functions of the LEGAL AID MALTA AGENCY. Personal Data will be disclosed to the Courts of Justice upon the Courts request to give evidence on the beneficiary of the Legal Aid client. Disclosure can also be made to third parties but only as authorized by law.
YOUR RIGHTS
You are entitled to know, free of charge, what type of information the LEGAL AID MALTA AGENCY holds and processes about you and why, who has access to it, how it is held and kept up to date, for how long it is kept, and what the Unit is doing to comply with data protection legislation.
The GDPR establishes a formal procedure for dealing with data subject access requests. All data subjects have the right to access any personal information kept about them by the LEGAL AID MALTA AGENCY, either on computer or in manual files. Requests for access to personal information by data subjects are to be made in writing and sent to the HEAD ADVOCATE FOR LEGAL AID AND CEO of the LEGAL AID MALTA AGENCY. Your identification details such as ID number, name and surname must be submitted with the request for access. In case we encounter identification difficulties, you may be required to present an identification document.
The LEGAL AID MALTA AGENCY aims to comply as quickly as possible with requests for access to personal information and will ensure that it is provided within a reasonable timeframe and in any case not later than one month from receipt of request, unless there is good reason for delay. When a request for access cannot be met within a reasonable time, the reason will be explained in writing to the data subject making the request. Should there be any data breaches, the data subject will be informed accordingly.
All data subjects have the right to request that their information is amended, erased or not used in the event the data results to be incorrect.
In case you are not satisfied with the outcome of your access request, you may refer a complaint to the Information and Data Protection Commissioner, whose contact details are provided below.
RETENTION POLICY
Your personal data is collected through Legal Notice 64 of 2016.
The following schedule outlines the retention requirements for the various categories of documentation within the LEGAL AID MALTA AGENCY.
Category of Document | Retention Period | Justification |
Printed and digital Legal Aid Form where the applicant is eligible for legal aid. | 5 years after the case is concluded at Court/Tribunal.
| Information must be kept until the case has been concluded in case the Courts orders evidence of eligibility. |
Digital Legal Aid applicant information where the applicant is ineligible for the service | 2 years after the first appointment at the Legal Aid Office | Most of the legal aid clients who are ineligible for the service have recurring claims and therefore the same information will be needed. |
Data that needs to be destroyed after the noted timeframes will be disposed of in an efficient manner ensuring that such information is no longer available within the LEGAL AID MALTA AGENCY.
Director for legal aid services
The LEGAL AID MALTA AGENCY may be contacted at:
188-189, Old Bakery Street, VALLETTA VLT 1443
Telephone: 22471500
Email: info.legalaidmalta@gov.mt
THE INFORMATION AND DATA PROTECTION COMMISSIONER
The Information and Data Protection Commissioner may be contacted at:
Level 2, Airways House,
High Street,
Sliema SLM 1549
Telephone: 23287100
Email: idpc.info@gov.mt
