Privacy Policy
The General Data Protection Regulation (EU) 2016/679 (GDPR) and the Data Protection Act (Cap 586), including the regulations made thereunder, regulate the processing of personal data whether held electronically or in manual form. The Land Registration Agency is set to fully comply with the applicable provisions of the data protection legislation.
Legal Basis and Purposes of Processing
The Land Registration Agency collects, processes and where necessary shares personal data to fulfil its obligations in accordance with applicable legislation. All data is handled strictly in compliance with data protection laws, the Land Registration Act (Chapter 296 of the Laws of Malta and its Subsidiary Legislations), under which the Land Registration Agency is established as well as other relevant laws of Malta and approved policies which are necessary for the Agency to carry out its proper functions and/or obligations.
Personal data processed by the Land Registration Agency is handled in accordance with Article 6(1)(c) of the GDPR, on the basis that such processing is necessary for compliance with a legal obligation to which the Agency, as data controller, is subject. In particular, Articles 12 and 13 of Chapter 296 of the Laws of Malta (Land Registration Act) require the registration with the Agency of contracts, declaratory acts, judgments, judicial sales, and redemptions of ground rent effected in accordance with Article 1501 of the Civil Code, insofar as these have the effect of transferring ownership of immovable property or creating or affecting any real right over such property.
In all cases the Land Registration Agency is committed to adhere to principles as laid down in the GDPR, which means that personal data is: (a) processed lawfully, fairly and transparently; (b) collected for specified, explicit and legitimate purposes; (c) adequate, relevant and limited to what is necessary in relation to the purpose for which it is processed; (d) accurate and where necessary kept up to date; (e) not be kept for longer than is necessary for that purpose; (f) processed in a manner that ensures appropriate security. This includes the processing of location data.
Who does this Privacy Notice apply to?
This Privacy Notice applies to the following categories of data subjects:
• visitors to, or users of, the website;
• past, current, and prospective customers, including individuals acting on their behalf; and
• service providers and business partners.
Information Collected
As part of our main functions to receive information relating to land registration, the Agency may collect your personal data through different sources including the following:
- Personal data provided directly by you or by your authorised representatives (such as your Notary), including data submitted through application forms, communicated during telephone calls or in-person visits, or transmitted via email to any officer within the Land Registration Agency.
- Personal data automatically collected through your use of the Land Registration Agency’s website;
- Data collected from other publicly available sources;
The personal data collected through the website and other channels mentioned above may include the following:
- Contact or feedback information;
- Information provided as part of the application/payment process, including but not limited to the applicant’s name and surname, contact details, I.D. Card/Passport details, site plans, location photos, declarations attesting information correctness and other ancillary documentation relative to the applicant’s request;
- Web Page download information; and
- Site usage information.
Any person communicating with the Agency by email shall be deemed to acknowledge and accept the risks associated with electronic transmission of information, including the possibility of interception, alteration, loss, or incomplete or delayed delivery. Accordingly, the Land Registration Agency shall not be held liable for any damages arising from emails or other electronically transmitted communications sent to it.
Contact or Feedback Information
When you complete the form on the ‘Contact Us’ page, the personal data you provide will be used solely to respond to your enquiry. Such data will be retained only for as long as necessary and will be deleted once your request has been addressed.
Notwithstanding the foregoing, the Agency may retain records relating to such queries or requests for a limited period for administrative and operational purposes, including data extraction and reporting. Where such records include personal data, these may be retained for a defined period not exceeding three (3) months before being securely deleted or anonymised, unless a longer retention period is required or permitted by law.
Your rights
Your rights as data subjects in connection with the processing of your personal data are:
- The right to receive a copy of your personal data undergoing processing, including information in relation to the processing activities;
- The right to request us to rectify personal data you think is inaccurate. You also have the right to ask us to complete personal data you think is incomplete;
- The right to request the erasure of your personal data in certain circumstances;
- The right to request the restriction of your personal data in certain circumstances and when such data is not required to be published by Law;
- The right to portability of your personal data in relation to information that you have given us;
- The right to object to the processing of your personal data, unless this personal data is required by law, the process of which forms part of our public tasks or is in our legitimate interests;
- The right to not be subject to a decision based solely on automated processing including profiling;
- The right to withdraw your consent at any time, where applicable.
Requests to exercise your rights are free of charge and must be submitted in writing to the CEO or the Data Protection Officer of the Land Registration Agency. To enable verification of your identity, you are required to provide identification details, such as your ID number, name, and surname, together with your request. Where the controller has reasonable doubts regarding your identity, you may be asked to provide additional information necessary for identification purposes.
The Land Registration Agency aims to comply as quickly as possible with the request and is obliged to respond without undue delay and at the latest within one (1) month from receipt of request.
The right exercised by the data subject may be limited or restricted, where necessary, pursuant to the applicable law.
Retention Policy
The Agency will keep Personal Information only so long as it is necessary to do so, or as required permitted by law. When the Personal Information that is no longer required it will be disposed of in an efficient manner ensuring that such information is no longer available within the Land Registration Agency. In view of the legal significance and the public interest in maintaining access to land registry records, such records may be retained on a permanent basis.
Any disclosure made to third parties will be in accordance and as authorised by law.
Changes to this Privacy Policy
In the event of any changes to this Privacy Notice, whether to reflect updates to our services or to comply with developments in data protection and privacy laws, this page will be updated accordingly. You are therefore encouraged to review this Privacy Notice each time you access our website to remain informed of any changes that may occur from time to time.
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Contact Information:
The Data Protection Officer
The Data Protection Officer may be contacted at:
Land Registration Agency
116, ‘Casa Bolino’
West Street,
Valletta, Malta
Telephone: 25609600
Email: dataprotection.lra@gov.mt
The Data Controller
The Land Registration Agency Chief Executive Officer (CEO) may be contacted at:
Land Registration Agency
116, ‘Casa Bolino’
West Street,
Valletta, Malta
Telephone: 25609700
Email: michelle.piccinino.3@gov.mt
Information and Data Protection Commissioner
You have the right to lodge a complaint with the supervisory authority, which may be contacted using the following details:
The Information and Data Protection Commissioner
Airways House,
Triq il-Kbira
Tas-Sliema SLM 1549
Telephone: +356 2328 7100
Email: idpc.info@idpc.org.mt
Should you require more information on the GDPR, we recommend that you refer to: https://idpc.org.mt/en/Pages/Home.aspx
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CCTV Surveillance Cameras Policy for Land Registration Agency
Scope
The purpose of this policy is to ensure that the use of CCTV Surveillance System operated by the Land Registration Agency does not infringe the rights of the data subjects by processing personal data adequately, not more than necessary and making sure that data is not kept for a period longer than necessary in conformity with Data Protection Legislation.
Background Information
The data controller is the Chief Executive Officer (CEO) of the Land Registration Agency
The data protection officer representing the Chief Executive Officer (CEO) may be contacted as follows:
The Data Protection Officer may be contacted at:
Land Registration Agency
116, ‘Casa Bolino’
West Street,
Valletta, Malta
Telephone: 25609600
Email:
Data subjects will have a right of access to data being processed as per Chapter III (Article 15) of the General Data Protection Regulation. (Please refer to section relating to Access, below). Data subjects are also hereby informed of their right to lodge a complaint with the Information and Data Protection Commissioner.
The Information and Data Protection Commissioner may be contacted as follows:
ADDRESS
Information and Data Protection Commissioner
Level 2, Airways House
High Street
Sliema SLM 1549
Malta
Telephone
(+356) 2328 7100
Email:
Location & Purpose
CCTV surveillance is installed in the common areas of the Land Registration Agency’spremises specifically the main entrance and reception. Affixed notices are placed in prominent and easily visible places within the monitored area. The sole purposeof surveillance is to maintain a safe and secure environment for employees and visitors, protecting Agency property and records, deterring and detecting criminal activity, and assisting in the investigation of incidents where necessary.
In view of Chapter II (Article 5) of the GDPR, the Data Controller justifies the use of a CCTV Surveillance Camera system for the above-mentioned purpose. The recognisable images captured by the cameras will be processed adequately, and in a relevant manner and shall be necessary in relation to the purposes of the processing as per Chapter II Article 6 of the GDPR.
Access to Footage & Data
Access to the CCTV footage is restricted to authorised personnel only. The Data Controller shall authorise further access to footage if so required when relevant to the purpose/s specified above.
Any criminal activity caught on camera will be disclosed to law enforcement authorities after filing a Police report.
The Land Registration Agencyundertakes to comply with a strict security policy vis-a-vis the access to recorded images. Any internal access to visual images by the Land Registration Agencyor any disclosure of such images further to a request by a law enforcement authority or by the data subject shall be logged and kept as evidence.
Right of Access
Any individual whose personal data is held by the Land Registration Agencyin the form of CCTV recording, can request access to that recording. The Data Controller is obliged to provide access to the footage without disclosing the identity of third parties.
If an individual is not satisfied with the reply as provided or with the manner of access that has been granted, the matter may be referred to the Information and Data Protection Commissioner who will investigate the case and ascertain that the right of access is properly granted.
Right of access request shall be made in writing and addressed to the Controller.
Retention Period
Personal data is retained for seven (7) days. This period is the necessary period for which the data was obtained. After the lapse of this period, images are automatically overwritten by the system with new images. If data is extracted in relation to unacceptable behaviour leading to a criminal investigation it will be held for the period required to satisfy said legal claims and securely erased after such activities are exhausted.
Conclusion
This policy provides the reasons and means of processing through the use of a CCTV Surveillance System within the Land Registration Agencywhilst ensuring that the rights of the data subjects are not infringed, by processing personal data adequately, not more than necessary and making sure that data is not kept for a period longer than necessary in conformity with Data Protection Legislation.
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