Privacy Law

malta privacy law

Overview of Privacy Rights and Data Protection Law  

Whilst Data Privacy is many a time used interchangeably with Data Protection, one may appreciate the difference between the two by the scope and effects of their protection on individuals. For instance, in order to invoke and utilise the legal safeguards of data protection, one must prove that prescribed shortcomings have taken place, such as a lack of consent obtained or lack of a legal basis to process one’s data. On the other hand, Data Privacy is often times used to protect the fundamental rights of individuals who suffer abuse as a result of the processing of their data, which is otherwise technically permissible in legal terms.   

Freedom of Expression and Privacy  

The contest between freedom of expression and privacy has become more pronounced with the involvement of large data-sharing websites, resulting in a niche of its own - Online Intermediary Liability. Taking a step back however to juxtapose freedom of expression and privacy, various notable attempts to aptly reconcile these two fundamental rights, whilst endeavouring to promote privacy in general can be seen by examples such as the General Data Protection Regulation and the forthcoming ePrivacy Regulation. Our technology law team is not only highly conversant in the technical and legal aspects of these tools for individuals, but has also garnered hands-on experience in addressing infringements of privacy law; for instance, defamatory or unjustifiably prejudicial information posted on the web. Our commitment for results has resulted in our service area of Reputation Management.  

Reputation Management – Privacy & Defamation   

Privacy and a good reputation are a cornerstone for overall fulfilment in life. These values not only play a crucial role in our personal lives, but also for our business and work-related personas. Being able to conduct our business and personal affairs free of prejudice and hindered reputation is key for achieving the success we deserve.   

With the proliferation of freedom of speech on the ubiquitous world wide web, human rights such as privacy, have come under challenge. Seeking an equitable balance between the two converging rights has been a challenge, and we seek to protect that right to privacy vigorously, employing various legal techniques; this may include undertaking search engine delisting. However, freedom of speech may also be abused of to defame the integrity of individuals and enterprises and this is a situation we are also geared to neutralise.   

Our practice and expertise allow us to therefore protect the reputation of individuals and corporations in terms of written or verbal assertions made, whether they are true or not ultimately. Whilst this may be more challenging to reconcile for statements which may be true, we nonetheless have deep, extensive knowledge to allow us to fight for one’s right to privacy.  

Our Privacy Law Practice  

Harnessing the tenets of Privacy Law, Chetcuti Cauchi Advocates’ experience includes:  

  • Content removal and delisting from search engines of unlawfully prejudicial and undesirable published information.
  • Content takedown of untruthful information published, including defamatory published matter.
  • Reputation Management.
  • Website and data marketing compliance, including Privacy Policy service.
  • Surveillance advisory and disputes, such as CCTV matters.

Chetcuti Cauchi’s Privacy Lawyers   

We understand how essential it is for privacy and data protection to be respected and how fundamental the right to maintaining an unblemished reputation is for all individuals. Our Privacy lawyers are IT law and tech savvy lawyers with a passion for unravelling the nuances of technology and privacy law to protection fundamental rights, and over the years have garnered noteworthy results in these areas of law. 











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Key Contacts

Dr Charlene Mifsud

Partner, Corporate & Commercial

+356 2205 6298

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