S.L. 164.6 Art. 9Refusals of requests for information.    S.L. 586.08. 12 [S.L. 13

(1) The International Relations Unit shall only refuse to provide the information requested in accordance with regulation 6, in so far as any of the following reasons apply:

(a) the requested information is not available to the International Relations Unit and the competent law enforcement authorities of Malta;

(b) the request for information does not meet the requirements established in regulation 7;

(c) the judicial authorisation required in accordance with regulation 12 was refused;

(d) the requested information constitutes personal data other than those falling within the categories of personal data referred to in regulation 13(b);

(e) the requested information has been found to be inaccurate, incomplete or no longer up to date and cannot be provided in accordance with regulation 7(2) and (3) of 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;

(f) there are objective reasons to believe that the provision of the requested information would:

(i) be contrary to or would harm the essential interests of the national security of Malta;

(ii) jeopardise the success of an ongoing investigation of a criminal offence or the safety of an BETWEEN NATIONAL LAW ENFORCEMENT AUTHORITIES AND OTHER AUTHORITIES OF THE MEMBER STATES OF THE EUROPEAN UNION HAVING 164.06 SIMILAR POWERS

individual;

(iii) unduly harm the protected important interests of a legal person;

(g) the request pertains to:

(i) a criminal offence punishable by a maximum term of imprisonment of one (1) year or less in accordance with the laws of Malta; or

(ii) a matter that is not a criminal offence in Malta;

(h) the requested information was initially obtained from another Member State or a third country and such Member State or third country has not consented to the provision of the information.

(2) Due diligence shall be exercised when assessing whether the request for information submitted to the International Relations Unit is in accordance with the requirements established in regulation 7, when there is a manifest breach of fundamental rights. inter alia

(3) Any refusal of a request for information shall affect only the part of the requested information to which the reasons established in the sub-regulation (1) relate and shall, where applicable, not affect the obligation to provide the other parts of the information in accordance with these regulations.

(4) The refusals and reasons for refusal shall be recorded in the single electronic case management system for auditing purposes.

(5) The International Relations Unit shall inform the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State, about the refusal of the request for information, specifying the reasons for such refusal, within the time limits established in regulation 8(1).

(6) The International Relations Unit shall immediately request, from the Single Point of Contact or, where applicable, the designated law enforcement authority of the requesting Member State, clarification or specifications needed to process a request for information that otherwise would have to be refused:

Provided that the time limits established in regulation 8(1) shall be suspended from the moment that the Single Point of Contact or, where applicable, the designated law enforcement AUTHORITIES AND OTHER AUTHORITIES OF THE MEMBER STATES OF THE EUROPEAN UNION HAVING

SIMILAR POWERS

authority of the requesting Member State, receive the request for clarification or specifications until the moment the requested clarifications or specifications are provided.

(7) Refusals of requests for information, reasons for such refusals and requests for clarification or specifications and clarification or specifications as referred to in sub-regulation (6), as well as any other communications relating to the requests for information submitted to the Single Point of Contact of another Member State, shall be transmitted in the language in which that request was submitted in accordance with regulation 7(7).