S.L. const.7 Art. 40Data Protection. Cap.586.

(1) Nothing in these regulations shall prejudice the applicability of the General Data Protection Regulation and the Data Protection Act, including the regulations made thereunder, and the fundamental rights and freedoms of the data subjects.

(2) The Public Service Commission may restrict the rights and obligations provided for in articles 14 to 20 and article 34 of the General Data Protection Regulation, as the case may be, in accordance with article 23 of the General Data Protection Regulation.

(3) The restriction under sub-regulation (2) shall only apply in the event that the restriction is considered as a necessary and proportionate measure to safeguard the exercise of the investigative and regulatory functions of the Public Service Commission made in relation to its deliberations.

(4) The Data Protection Officer of the Public Service Commission designated pursuant to article 37 of the General Data Protection Regulation shall:

(a) be consulted as appropriate in a timely manner in the entire process of applying the restriction; and

(b) keep a register to record the restriction applied in relation to the request made by the data subject, which register shall include the details of the data subject, the right requested to be exercised that was restricted and the purpose of such restriction.

(5) Where the ground for the restriction as set forth in sub-regulation (3) shall no longer apply, the Public Service Commission shall lift the restriction and inform the data subject concerned and comply with the rights and obligations provided for in articles 14 to 20 and article 34 of the General Data Protection Regulation.

(6) The Public Service Commission shall review the application of the restriction referred to in this regulation every year and depending on the outcome of such review inform the data subject accordingly.

(7) The Public Service Commission shall inform the data subject of the application of the restriction in reply to the request to exercise any of the rights which are restricted in terms of these regulations, unless this may be prejudicial to the purpose of the restriction:

Provided that the Public Service Commission shall justify the prejudice claimed to be suffered to the Information and Data Protection Commissioner as requested.