Q & A – Data Protection

Any person, company, partnership or organization that processes, stores and uses data of a personal nature in connection with an economic activity has to register under the Data Protection Act.

The Act makes certain exceptions, such as any entity that processes data in connection with state security, persons who work on their own (and do not employ other persons) or non profit making organizations that are exempt from the payment of tax.

Registration has to be effected by 15th July 2004 in the case of electronic processing and by October 2007 in the case of manual systems.

The registration fee is a flat Lm10 and covers a period of 1 year.

Unless you need to amend the existing processes or introduce new ones, the answer is no.

However if during the year new processes are introduced or existing ones amended, then you have to notify the Commissioner on the appropriate form. No further fees are payable on such notifications.

Yes, you can appoint a personal data representative to represent you.

Whatever the case, you always have to appoint a Data Controller, who will be responsible for all the processes carried out within the organization or business.