Data protection Commissioner writes to MAM - refund promised - 2/4/2004

In an email to MAM the data protection commissioner wished to clarify these points.

1. It is true that the law commences to apply in relation to manual processing as from 2007, but only in relation to processes commenced before the 15 July 2003 (the effective date of the Act). Therefore new processes commenced after this date are notifiable, even if in manual format.

2. The fee is pro-rated at Lm15 (annual fee Lm20) because this fee was due on 15 July for a period of 9 months ending on 15 July 2004 and not because 3 months have lapsed.

3. For those who have already payed, withdrawal of the notification form and request for a refund on the basis that one will only process personal data manually and that such processes had been commenced prior to 15 July 2003 can be made in writing to the data commissioners. Such requests will have to be taken by hand.

4. A refund may only be given in case there is absolutely no processing of personal data by automated means. The commissioner reserves the right to verify that said cases are genuine.

Martin Balzan

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