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S.L. 164.6 · Simplification Of Exchange Of Information (S.L. 164.6)

S.L. 164.6 Art. 8Provision of information pursuant to requests to the International Relations Unit. Cap. 586.  S.L. 586.08. 10 [S.L. 11

In KraftAmtlicher Text

(1) The International Relations Unit shall provide the information requested in accordance with regulation 7 as soon as possible and in any event within the following time limits, as applicable:

(a) eight (8) hours in the case of urgent requests relating to directly accessible information;

(b) three (3) calendar days in the case of urgent requests relating to indirectly accessible information;

(c) seven (7) calendar days in the case of all other requests:

Provided that the time limits established in this sub-regulation shall commence as soon as the request for information is received.

(2) Without prejudice to any other provision under the Data

Protection Act or the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal offences or the Execution of Criminal Penalties) Regulations, the International Relations Unit shall exchange information already available to it with other competent law enforcement authorities of other Member States BETWEEN NATIONAL LAW ENFORCEMENT AUTHORITIES AND OTHER AUTHORITIES OF THE MEMBER STATES OF THE EUROPEAN UNION HAVING 164.06 SIMILAR POWERS

as if these were established in Malta.

(3) Where the information may, in accordance with any relevant provision of Maltese law, be accessed by the International Relations Unit only pursuant to an authorisation of a judicial authority, the International Relations Unit shall refrain from communicating the information to the competent law enforcement authorities of other Member States, unless judicial authorities authorise the communication of such information. Such authorisation shall always be sought whenever the requesting authority requests access to information connected to any inquiry relating to the or any in genere, inquest or or whenever the information is required for use as repertus evidence:

Provided that authorisation shall be sought by the Attorney General whenever a competent law enforcement authority, including that of another Member State, requests access to information connected to a closed inquest or repertus.

(4) The International Relations Unit shall do the following:

(a) immediately inform the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State of the expected delay, specifying the length of the expected delay and the reasons thereof; and

(b) subsequently keep the Single Point of Contact, or where applicable, the designated law enforcement authority of the requesting Member State updated and provide the requested information as soon as possible after obtaining the judicial authorisation.

(5) The International Relations Unit shall provide the information requested in accordance with regulation 7 to the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State in the language in which that request for information was submitted in accordance with regulation 7(7).

(6) The International Relations Unit shall send a copy of the requested information to the Single Point of Contact of the requesting Member State at the same time as providing the requested information to the designated law enforcement authority of such other Member State.

(7) The International Relations Unit may not send, at the AUTHORITIES AND OTHER AUTHORITIES OF THE MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

same time as providing information to the designated law enforcement authorities of another Member State, a copy of that information to the Single Point of Contact of such other Member State where it would jeopardise one or more of the following:

(a) an ongoing highly sensitive investigation for which the processing of information requires an appropriate level of confidentiality;

(b) terrorism cases not involving emergency or crisis management situations;

(c) the safety of an individual.