S.L. 586.8 Art. 35Of the modalities of the requests for communication and transfers of personal data.

(1) A communication or transfer of personal data by a competent authority shall only take place upon request in writing, unless any other law or any international agreement to which Malta is a party provides otherwise.

(2) The request referred to in sub-regulation (1) shall include an indication of person or body making the request and the reason and purpose for which the request is made, unless any other law or any international agreement to which Malta is a party provides otherwise.

(3) The competent authority receiving a request as referred to in sub-regulation (1) shall reply in writing informing the person or body making the request of the decision taken as to whether the request can be met or not.

(4) Notwithstanding the requirements mentioned in sub-regulation (1), a competent authority may, without any prior request being necessary, communicate or transfer personal data to:

(a) competent authorities in other Member States or to union bodies, in cases where there are factual reasons to believe that the data could assist in the detection, prevention, investigation or prosecution of any serious criminal offences or terrorist offences;

(b) any other recipient where the transfer of such personal data arises out of the necessity of the communicating or transferring competent authority in the execution of its duties for the purposes set out in regulation 3(1).