The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 586) regulate the processing of personal data whether held electronically or in manual form. The Support Services Department (Courts of Justice) (Malta) is set to fully comply with the Data Protection Principles as set out in such data protection legislation.
Purposes for collecting data
The Support Services Department (Courts of Justice) (Malta) 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 the Public Administration Act.
Recipients of data
Personal Information is accessed by the employees who are assigned to carry out the functions of the Support Services Department (Courts of Justice) (Malta) Personal Data will be disclosed to other Ministries in order to provide the required service to the Courts of Justice employees. 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 Support Services Department (Courts of Justice) (Malta) 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 Support Services Department (Courts of Justice) (Malta) 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 Director General (Courts of Justice) (Malta) of the Support Services Department (Courts of Justice) (Malta). Your identification details such as ID number, name and surname have to be submitted with the request for access. In case we encounter identification difficulties, you may be required to present an identification document.
The Support Services Department (Courts of Justice) (Malta) 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.
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: [email protected]
The Director General (Courts of Justice) (Malta)
Courts of Justice Department
Republic Street,
Valletta
Telephone: 25902217
Email: [email protected]
POLICY REGULATING THE RETENTION OF DOCUMENTATION IN THE SUPPORT SERVICES DEPARTMENT (COURTS OF JUSTICE (MALTA)
SCOPE
1. This Policy is aimed at regulating the retention, maintenance and disposal of documentation, both personal and other, within the Support Services Department (Courts of Justice (Malta), as provided for in the Public Administration Act and the PSMC in accordance with the principles of data protection legislation, and other legal provisions in Maltese Law.
BACKGROUND
2. The GDPR puts forward the principle that personal data and sensitive personal data should not be retained for periods that are longer than necessary. In this context, the Support Services Department (Courts of Justice (Malta)) will be putting forward a retention policy for all data and documentation that it collects and processes, with the purpose of ensuring compliance to the Regulation and to ensure that no resources are utilized in the processing and archiving of data which is no longer of relevance.
OBJECTIVES
3. This policy aims to achieve the following objectives:
a. Regulate the retention of and disposal of the various types of documentation whether held in manual or automated filing systems within the Support Services Department (Courts of Justice (Malta)) while adhering to the Data Protection principle that personal data should not be retained for a longer period than necessary;
b. Dispose of unnecessary documentation that is no longer relevant and is taking up useful storage space;
c. Promote the digitization of documentation as may be reasonably possible in order to minimize the use of storage space required to store documentation, as well as to promote a sustainable use of paper and printing consumables.
ADMINISTRATION
4. Documentation is held and recorded by Support Services Department (Courts of Justice (Malta)).This Policy is therefore applicable to all such documentation. It will be the responsibility of the relevant Support Services Department and its Data Controller, Director General Courts of Justice (Malta), to ensure that all provisions of this Policy are adhered to.
DOCUMENTATION HELD WITHIN THE SUPPORT SERVICES DEPARTMENT (COURTS OFJUSTICE (MALTA))
5. As part of its operating requirements the Support Services Department (Courts of Justice (Malta)), requests, keeps and maintains a wide range of documentation including personal data. The various types of documentation utilized by Support Services Department (Courts of Justice (Malta)) may be categorized as follows:
a. Personal Data with regards to processing of Salaries in respect of Members of the Judiciary and all the staff at Courts of Justice Department.
b. Financial records including payslips, tax and national insurance contributions.
c. Personal Data with regards to Appointed Court Experts and Members on Boards.
d. Documentation regarding Suppliers and procurement of supplies including quotations, Invoices ,local Purchase Orders, Payment Vouchers and the relative receipts.
e. Documentation regarding relative payments are then batched and filed at AccountsSection.
f. Documents relating to Schedule of Withdrawals (Cedoli) and the relative payments to third parties.
g. Other Records include the Daily Remittance of all the Cashiers at Courts of Justice Departments; the weekly remittance, Credit and Debit Advices and Telegraphic Transfers.
h. Petty Cash records and transactions.
i. Travel documents relating to GA27 and Post-Travel Submissions to Treasury Department.
j. VAT Defaulters reports sent to MFIN on a quarterly basis.
k. Records of monies deposited by Third Parties in Below the Line Accounts.
l. Attendance Records and financial transactions of employees on Contractual Services.
m. Records of Outstanding Debtors or debtors paying by Instalments.
n. Other records include lists of Bad Debts which were written Off or Legal Action taken to recoup such outstanding payments.
o. Human Resources Documents
SECURITY OF DOCUMENTATION
6. Documentation is maintained in an accessible but secure location with adequate access provided to officials who have the clearance level to access the relevant documentation. In the case of documents with sensitive personal data with higher clearance levels, access control protocols are fully adhered to, to ensure that only those that have the required security clearance have access to such documentation.
7. In the case of personal data, the GDPR also stipulates that only those required to process personal data should have access to personal records.
8. Personnel who are found to be in breach of these security protocols, and thus in breach of the GDPR, will be subject to disciplinary action.
MANUAL VS ELECTRONIC RECORDS
9. In terms of retention periods, it needs to be pointed out that the same retention period will apply for both electronic and manual data.
RETENTION PERIOD
10. Retention of different categories of documents is governed by different requirements and different legislation and regulations. The following schedule outlines the retention requirements for the various categories of documentation within the Support Services Departments at Courts of Justice (Malta)
table, td, th {border: 1px solid black;}table {border-collapse: collapse; width: 100%;}th { text-align: centre;} tr { text-align: centre;}
| Category | Retention Period |
|---|---|
| (a) Salary/Payrolls include the ID Card Numbers and Bank Account Numbers. | 10 Years |
| (b) Tax and National Insurance Records | 10 Years |
| (c) ID Numbers; Vat Numbers and Bank Account Numbers of Either Court Experts or Members on Various Boards. These are included in Sub-Vouchers which records are retained for audit purposes. | 10 Years |
| (d) & (e) Payment Vouchers include ID Numbers/Personal Addresses of Third Parties. Such Vouchers are retained for audit purposes. | 10 Years |
| (f) & (k) Copies of Cedoli and payment vouchers | 10 Years |
| (g) Daily/weekly remittances of all cashiers at Courts of Justice Department | 10 Years |
| (h) Copies of petty cash transactions/allocations | 10 Years |
| (i) Copies of GA27/ Post-travel submission with the relative receipts attached | 10 Years |
| (j) Copies VAT receipts and ordinary receipts | 10 Years |
| (l) copies of atti records and schedules in relative file of contractuals | 10 Years |
| (m) Agreements made with third parties to re-coup amounts due to Government | 10 Years |
| (n) Lists of W/off approvals copied to NAO to Government filed in DSS file of W/off | 10 Years ** The reason for keeping such information for 10 Years is for audit purposes. |
| (o) HR Documents | HR retention policy (issued by OPM 2012) |
CONCLUSION
This retention policy aims to achieve a good working balance between the retention of useful and meaningful information in line with the provisions of the relevant legislation and the disposal of data which is no longer required and is being archived unnecessarily. Data that needs to be destroyed after the noted timeframes will be disposed of in an efficient manner to ensure that such information will no will no will no longer be available within the Support Services Department (Courts of Justice (Malta)). Data Protection Controllers, Heads, and DPOs are aware of the noted retention periods and will instruct all relevant personnel to follow the indicated procedures accordingly.
It is to be noted that anonymized or statistical data do not fall within the parameters of this Retention Policy, since they do not constitute identifying personal data.
The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 586) regulate the processing of personal data whether held electronically or in manual form. The Civil Courts and Civil Tribunals Directorate is set to fully comply with the Data Protection Principles as set out in such data protection legislation.
Purposes for collecting data
The Civil Courts and Civil Tribunals Directorate 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 the Code of Organization and Civil Procedure (Chapter 12 of the Laws of Malta) and S.L. 12.21, the Civil Procedure (Regulation of Registries, Archives and Functions of Director General (Courts) and Other Court Executive Officers) Regulations and in accordance with other provisions in Maltese Law, including the National Archives Act, Chapter 477 of the Laws of Malta.
Recipients of data
Personal Information is accessed by the employees who are assigned to carry out the functions of the Civil Courts and Civil Tribunals Directorate. Personal Data will be disclosed to interested parties according to Article 115 of the Code of Organization and Civil Procedure which states that the acts of every court shall be accessible to all persons and copies thereof shall be given out at the request of any person. Article 11 of S.L. 12.21 states that acts deposited in the archives shall be accessible to the public provided that access to the archives of the Civil Court (Family Section) and the Civil Court (Voluntary Jurisdiction Section) shall, except for any judgement, decree, decision or other document, be restricted to the parties and their advocates or legal procurators, and to any other person who may be so authorized by a judge or magistrate as the case may be. 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 Civil Courts and Civil Tribunals Directorate 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 Civil Courts and Civil Tribunals Directorate, 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 Acting CEO of the Court Services Agency. Your identification details such as ID number, name and surname have to be submitted with the request for access. In case we encounter identification difficulties, you may be required to present an identification document.
The Civil Courts and Civil Tribunals Directorate 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 not used or is amended if it results to be incorrect. Data subjects may also request that their data is erased.
These rights may be restricted, if applicable, as per Data Protection Legislation.
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 the procedure established in Chapter 12 of the Laws of Malta indicated above. Documentation is held and recorded by the respective Court Registries within the Civil Courts and Civil Tribunals Directorate. As part of its operating requirements, the Civil Courts and Civil Tribunals Directorate requests, keeps and maintains a wide range of documentation including personal data. The various types of documentation utilized is categorized in the following schedule.
The following schedule outlines the retention requirements for the various categories of documentation within the Civil Courts and Civil Tribunals:
table, td, th {border: 1px solid black;}table {border-collapse: collapse; width: 100%;}th { text-align: centre;} td{text-align: left}| Category of Document | Retention Period | Justification |
|---|---|---|
| Files pertaining to court cases (proċessi) of all the Courts and Tribunals containing all the judicial acts, evidence, documents and other records of the case. The various Courts and Tribunals include the Constitutional Court, the Court of Appeal, The First Hall of the Civil Court, the Civil Court (Family Section), the Civil Court (Voluntary Jurisdiction Section), the Civil Court (Commercial Section), the Court of Magistrates, The Court of Revision of Notarial Acts, the Partition of Inheritances Tribunal, the Small Claims Tribunal, the Administrative Review Tribunal, the Consumer Affairs Tribunal, the Rent Regulation Board, the Rural Leases Control Board and the Land Arbitration Board.Judicial Sales by Auction records,Warrants,Judicial Letters,Judicial Protests,Schedules of Deposit, Electoral Register Applications | Indefinitely | According to the National Archives Act –Chapter 477 of the Laws of Malta – Article 1(g) of the Second Schedule, records and archives to be preserved in any archival repository which falls under the responsibility of the National Archives are, among others, those records and archives created, received and maintained by the Court Services Agency or any other court or tribunal with jurisdiction within Malta or by any judge, magistrate or other officer of such a court. |
| Electronic Database of Court Cases and all other Court Acts | Indefinitely | Refer to first row |
| Recording of evidence | Six (6) months from date the transcription of the recording has been ordered. | In terms of Art 6 of the Electro-Magnetic Recordings of Proceedings Act (Chapter 284 of the Laws of Malta) which states that ‘where final judgment has been delivered or where the matter in issue has been finally resolved or where transcription of the recording has been made, the Registrar may direct that the recording be erased. |
The Data Protection Officer may be contacted on [email protected] or by telephone 25902342
Data Controller The Chief Executive Officer of the Court Services Agency may be contacted at:
Court Services Agency, Republic Street, Valletta
Telephone: 25902217
Email: [email protected]
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: [email protected]The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 586) regulate the processing of personal data whether held electronically or in manual form. The Criminal Courts and Tribunals Directorate is set to fully comply with the Data Protection Principles as set out in such data protection legislation.
Purposes for collecting data
The Criminal Courts and Tribunals Directorate 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 the Criminal Code (Chapter 9 of the Laws of Malta) and S.L. 9.09 and in accordance with other provisions in Maltese Law, including the National Archives Act, Chapter 477 of the Laws of Malta.
Recipients of data
Personal Information is accessed by the employees who are assigned to carry out the functions of the Criminal Courts and Tribunals Directorate. Personal Data will be disclosed to interested parties according to Article 518 of the Criminal Code (Chapter 9) which states that the acts and documents of the Courts of Criminal Justice shall not be open to inspection, nor shall copies thereof be given, without the special permission of the court, except by or to the Attorney General, by or to the parties concerned or by or to any advocate or legal procurator authorized by such parties; but any act, which is pronounced in open court, shall be open to inspection by any person, and copies thereof may be given on payment of the usual fee: Provided that a procès-verbal and any depositions and documents filed therewith shall be open to inspection, and copies thereof shall be given, only at the discretion of the Attorney General and on payment of such fees as may be prescribed by the Minister responsible for justice as provided in article 695.
Article 409 (1) of the Criminal Code (Chapter 9) states that it shall be lawful for the court to order the proceedings to be conducted with closed doors, if it appears to it that the ends of justice would be prejudiced if the inquiry were conducted in open court. In any such case, the officials attached to the court and taking part in the inquiry shall be bound not to disclose the proceedings thereof under the penalty provided in article 257.
Article 531.(1) of the Criminal Code (Chapter 9) states that the court shall hold its sittings with open doors. Nevertheless, the court may hold its sittings with closed doors in cases where it is of opinion that the proceedings, if conducted in public, might be offensive to modesty, or might cause scandal; in any such case, the court shall previously make an order to that effect stating the reasons for so doing.(2) Where the sittings are held with closed doors, it shall not be lawful to publish any report of the proceedings under the penalties established for contempt of the authority of the court.
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 Criminal Courts and Tribunals Directorate 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 Criminal Courts and Tribunals Directorate, 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 Acting CEO of the Court Services Agency. Your identification details such as ID number, name and surname have to be submitted with the request for access. In case we encounter identification difficulties, you may be required to present an identification document.
The Criminal Courts and Tribunals Directorate 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 not used or is amended if it results to be incorrect. Data subjects may also request that their data is erased.
These rights may be restricted, if applicable, as per Data Protection Legislation.
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 the procedure established in Chapter 9 of the Laws of Malta indicated above. Documentation is held and recorded by the respective Court Registries within the Criminal Courts and Tribunals Directorate. As part of its operating requirements, the Criminal Courts and Tribunals Directorate requests, keeps and maintains a wide range of documentation including personal data. The various types of documentation utilized is categorized in the following schedule.
The following schedule outlines the retention requirements for the various categories of documentation within the Criminal Courts and Tribunals Directorate
table, td, th {border: 1px solid black;}table {border-collapse: collapse; width: 100%;}th { text-align: centre;} td{text-align: left}| Category of Document | Retention Period | Justification |
|---|---|---|
| Files pertaining to court cases (proċessi) of all the Courts containing all the judicial acts, evidence, documents and other records of the case. The various Courts include the Courts of Appeal (Superior and Inferior), The Criminal Court and the Court of Magistrates, Schedules of Deposit,Registers of Old Fines,Registers of Movement of Acts, Registers of Exhibits, Register of Enquiries appointed by Enquiry Magistrates, Prime Note, Register of Incoming Letters Rogatory, Assignment of cases after a recusal, DKR Files, Applications to be exempted from Jury Service, Online Judgements | Indefinitely | According to the National Archives Act – Chapter 477 of the Laws of Malta – Article 1(g) of the Second Schedule, records and archives to be preserved in any archival repository which falls under the responsibility of the National Archives are, among others, those records and archives created, received and maintained by the Court Services Agency or any other court or tribunal with jurisdiction within Malta or by any judge, magistrate or other officer of such a court. |
| Recording of evidence | Six (6) months from date the transcription of the recording has been ordered. | In terms of Art 6 of the ElectroMagnetic Recordings of Proceedings Act (Chapter 284 of the Laws of Malta) which states that ‘where final judgment has been delivered or where the matter in issue has been finally resolved or where transcription of the recording has been made, the Registrar may direct that the recording be erased. |
(Data Controller’s Designation) The Chief Executive Officer of the Court Services Agency may be contacted at: Court Services Agency, Republic Street, Valletta Telephone: 25902217
Email: [email protected]
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: [email protected]