S.L. 164.2 Art. 4Request for communication of information or intelligence by a State agency 3

(1) Where a request for communication of information or intelligence by a State agency in another Member State having similar powers requires the Police to respond within a given time limit, the Police shall reply within such time limit, unless the information or intelligence is not available or if there are justifications impeding such a response.

(2) The Police shall reply in writing informing the body making the request of the decision taken as to whether the request can be met or not.

(3) The Police may refrain to communicate information or intelligence only if there are factual reasons to assume that the communication would:

(a) harm essential national security interests of Malta; or

(b) jeopardise the success of a current investigation or a criminal intelligence operation or the safety of individuals; or

(c) clearly be disproportionate or irrelevant with regard to the purpose for which it has been requested.

(4) Where the request pertains to an offence punishable by a term of imprisonment of one year or less under any relevant provision of Maltese law, the Police may refrain from

UNION HAVING SIMILAR POWERS communicating such data.

(5) The Data Protection Regulations and other provisions on data protection shall apply to the exchange of information or intelligence depending on the chosen channel of communication.