S.L. 65.34 Art. 9Data protection considerations.    S.L. 586.08.      S.L. 586.08.

(1) Any processing of personal data in relation to an oral fluid drug test, blood test or urine test that is conducted in accordance with the Ordinance or these regulations shall be processed by the competent authority if it is strictly necessary for the purposes of prevention, investigation, detection or prosecution of offences in accordance with the Ordinance.

(2) The processing of special categories of personal data for the purposes established in sub-regulation (1) shall fully comply with 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 and the fundamental rights and freedoms of the data subjects.

(3) The controller, taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of the concerned persons, shall implement appropriate technical and organisational measures, in an effective manner and to integrate the necessary safeguards into the processing, in order to protect the rights of the data subjects.

(4) The processing of personal data for the purposes established in sub-regulation (1) shall be kept in a form which permits identification of data subjects for not longer that is necessary for the purposes for which such data are processed.

(5) The controller shall ensure that the physical and, or electronic access to the personal data processed for the purposes of these regulations shall be strictly granted to personnel authorised by the controller.

(6) Where the processing is to be carried out by the processor on behalf of the controller, the controller shall only use processors providing sufficient guarantees to implement appropriate technical and organisational measures.

(7) The controller shall ensure that the processing conducted by the processor is governed by a contract, that is binding on the processor with regard to the controller. The contract shall contain the requirements as established in regulation 22(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.

(8) The data protection officer of the Police shall be involved and consulted properly and in a timely manner on all matters in relation to the protection of personal data for the purpose of these regulations.

FIRST SCHEDULE (regulation 3(1))

The following is the list of approved devices which may be utilised by a Police officer for the carrying out of the preliminary oral fluid drug test:

Securetec DrugWipe 5S Drug Test

Securetec DrugWipe 6S Drug Test

Securetec WipeAlyser

SECOND SCHEDULE (regulation 3(2) and 7(1))

The following is the list of approved laboratories for the carrying out of the confirmatory test referred to in regulation 3(2) and other confirmatory analysis referred to in regulation 7:

Forensic Analysis Laboratory (located at the Department of Chemistry – University of Malta);

Any other laboratory under the authority of the Ministry responsible for Health.