1. DATA PROTECTION and Research University Research Ethics Committee – 30.05.2008 David Cauchi David Cauchi Office of the Commissioner for Data Protection

2. DATA PROTECTION Data Protection Act General Provisions Processing for Research Purposes Procedure agreed with UREC

3. DATA PROTECTION ORIGIN Council of Europe – ETS 108 Convention on the protection of individuals with regard to automatic processing of personal data Data Protection Act CAP. 440 Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data

4. DATA PROTECTION WHAT IS DATA PROTECTION ACT? An Act that makes provision for the protection of individuals against the violation of their privacy rights by the processing of personal data.

5. DATA PROTECTION Key Terms in Data Protection Data Protection

6. DATA PROTECTION …any information relating to an identified or identifiable natural person; an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity; DPA Art. 2 PERSONAL DATA

7. DATA PROTECTION …personal data that reveals race or ethnic origin, political opinions, religious or philosophical beliefs, membership of a trade union, health, or sex life; DPA Art. 2 SENSITIVE PERSONAL DATA

8. DATA PROTECTION …includes the collection, recording, organisation, storage, adaptation, alteration, retrieval, gathering, use, disclosure by transmission, dissemination or otherwise making information available, alignment or combination, blocking, erasure or destruction of such data DPA Art. 2 PROCESSING

9. DATA PROTECTION …any freely given, specific and informed indication of the wishes of the data subject by which he signifies his agreement to personal data relating to him being processed DPA Art. 2 CONSENT

10. DATA PROTECTION Criteria for Processing

11. DATA PROTECTION CRITERIA FOR PROCESSING PERSONAL DATA DPA Article 9 1. Unambiguous consent or 2. Contract performance or 3. Legal obligation or 4. Vital interests of data subject or 5. Public Interest / Official Authority or 6. Legitimate interest SENSITIVE PERSONAL DATA DPA Articles 12 & 13 1.Explicit Consent 2.Subject made data public 3.Conditions of employment 4.Vital Interests & data subject incapable of giving consent 5. Legal claims

12. DATA PROTECTION Data Protection Principles Principles

13. DATA PROTECTION Personal Data to be: 1. processed fairly and lawfully 2. processed in accordance with good practice 3. collected for specific, explicitly stated & legitimate purposes 4. processed for reasons compatible with the purpose it was collected 5. adequate and relevant to the processing purpose 6. not more than required for the processing purpose 7. correct and, if necessary, up to date 8. rectified 9. not kept for longer than necessary for the processing purpose DPA Art. 7 THE NINE PRINCIPLES for good information handling

14. DATA PROTECTION Rights of Rights of Data Subjects Data Subjects

15. DATA PROTECTION INFORMATION TO DATA SUBJECT The data subject should be informed with at least the following: a)identity and habitual residence or principal place of business of controller; b)purposes of processing; c)any further information such as: i) recipients or categories of recipients of data ii) whether reply to any questions is obligatory or voluntary, and possible consequence of failure to reply iii) existence of right of access, right to rectify and where applicable right to erase data. DPA Art. 19 RIGHTS OF DATA SUBJECTS (1)

16. DATA PROTECTION Request of Data Subject must be: at reasonable intervals in writing signed by data subject Data Controller to provide: without excessive delay without expense written information in an intelligible form DPA Art. 21 RIGHT OF ACCESS RIGHTS OF DATA SUBJECTS (2)

17. DATA PROTECTION The Data Subject may request rectification, blocking or erasure of his personal data. If the request is justified, the Data Controller shall rectify, block or erase such personal data accordingly. notify third parties about such an event, unless this involves a disproportionate effort. DPA Art. 22 RECTIFICATION RIGHTS OF DATA SUBJECTS (3)

18. DATA PROTECTION Security Measures

19. DATA PROTECTION APPROPRIATE SAFEGUARDS These include: Access controls to information e.g. passwords, access rights/privileges, encryption etc. Physical Security safeguards e.g. locking of file cabinets, computers, offices etc. Awareness

20. DATA PROTECTION Processing For Research Purposes Research Purposes

21. DATA PROTECTION THE DATA PROTECTION ACT APPLIES WHEN: Research is about individuals Research involves personal data Individuals are identifiable DATA PROTECTION IN RESEARCH

22. DATA PROTECTION Sensitive Personal Data may be processed for Research Purposes: On Public Interest grounds With the approval of the Commissioner, on the advice of a Research Ethics Committee DPA Art 16 PROCESSING CONCERNING RESEARCH

23. DATA PROTECTION Specific Data Protection matters in research include: Personal and Sensitive Data Identifiable VS Anonymous Data Consent – When do I need consent?? Dealing with children and vulnerable persons Retention of Data DPA Art 16 PROCESSING CONCERNING RESEARCH

24. DATA PROTECTION CREATING THE RIGHT BALANCE RIGHTS OF PRIVACY OF INDIVIDUAL NEED TO CARRY OUT RESEARCH BETWEEN:

25. DATA PROTECTION Procedure agreed With UREC With UREC

26. DATA PROTECTION Proposal Form for ethical approval is submitted by researcher Research Proposals are examined by the Faculty Research Ethics Committee and by the UREC Approval is given if proposals are satisfactory Approval from the UREC is deemed to be an adequate advice for the approval by the Commissioner Researcher may proceed with the project once this is approved by the UREC RESEARCH INVOLVING SENSITIVE PERSONAL DATA PROCEDURE (1)

27. DATA PROTECTION A list of approved projects is periodically forwarded to the Commissioner for final approval The UREC may always consult the Commissioner in case of problems with particular projects OBJECTIVES Allow the researcher ample time to proceed with the study The Researcher is not required to obtain an approval directly from the Commissioner PROCEDURE (2)

28. DATA PROTECTION Data Protection Principles Rights of Data Subjects OBJECTIVES Inform researchers and ensure that these principles and rights are respected It is important that all faculties use the same form in order to provide the same conditions and information to students INCLUDES PROPOSAL FORM

29. DATA PROTECTION Office of the Commissioner for Data Protection E-Mail: commissioner.dataprotection@gov.mt Website: www.dataprotection.gov.mt FURTHER INFORMATION

30. DATA PROTECTION THANK YOU! Floor is open for discussion