VPNs with servers in Malta

Internet access and internet email data are kept six months; fixed, mobile and internet telephony data one year (reg. 21). Content may not be retained (reg. 18(3)).

Retained data goes only to the Police or the Security Service, for investigating, detecting or prosecuting serious crime, on a request, in writing unless urgent (reg. 19). The Police may add a conservation order extending retention by six months at a time, to two years in total without an order of a Magistrate or court, or until criminal proceedings end (reg. 22). Whether a VPN operator is such a provider is not established.

Under the Enforcement of Intellectual Property Rights (Regulation) Act (Cap. 488), a court may issue an injunction against intermediaries whose services a third party uses to infringe an intellectual property right (art. 10(2)); an interlocutory injunction may also be issued against such an intermediary (art. 8(1)(a)).

Defamation and libel were removed from the Criminal Code (arts. 252 and 256 deleted by Act XI of 2018). Art. 82A punishes threatening, abusive or insulting words, behaviour or material used with intent to stir up violence or hatred on grounds including race, religion, sexual orientation, language or political opinion, with six to eighteen months’ imprisonment.

Cyber-stalking (art. 251BB), covering contact by electronic means and tracing a person’s internet use, carries one to five years or a fine up to €30,000.

Under the Security Service Act (Cap. 391) a warrant for entry or for interception of communications is issued by the Minister (arts. 6–7).

A Commissioner, who holds or has held office as a judge of the superior courts or has held office as Attorney General, reviews the Minister’s powers, acts in individual judgement and is not subject to anyone’s direction (art. 12). Complaints go to the Commissioner, whose decisions cannot be appealed (art. 13).

The Prime Minister may withhold from the Security Committee’s copy of the Commissioner’s annual report any matter prejudicial to the Service (art. 12(8)); that Committee consists of the Prime Minister, two ministers and the Leader of the Opposition (art. 14). The order of the rows is the security score, and a server’s location is not a recommendation.