https://www.um.edu.mt/library/oar/handle/123456789/38777 Thu, 16 Apr 2026 07:45:37 GMT 2026-04-16T07:45:37Z https://www.um.edu.mt/library/oar/handle/123456789/29474 Title: Does the new data protection framework provide enough safeguards for the protection of citizens' biometric data? Abstract: This research primarily aims to assess how biometric data is protected under Directive 95/46/EC (the Data Protection Directive) & whether the coming into force of Regulation (EU) 2016/679 (the General Data Protection Regulation) on the 25th of May 2018 will strengthen the safeguarding of the protection of citizens’ biometric data. An overview of what is biometric data and why it should be well protected will also be given; along with a comparative examination of different pieces of legislation in different states within the European Union and third party states that regulate the subject. This will enable the reader to analyse the provisions introduced by the Regulation in the context of how different jurisdictions are protecting biometric data; enabling one to see whether the measures agreed upon in the final text of the Regulation are enough to safeguard citizens or whether some good practices which could have been very beneficial were left out. This research will also look into whether this new approach, a regulation which creates harmonisation in data protection law without the need for implementation in national legislation, will be better to protect citizens’ rights in this field especially in the context of rapid scientific developments and advances in technology making the collection and processing of biometric data easy; which processing is now targeting large populations across the board in several commercial and governmental fields. This research will therefore look into whether this new data protection framework provides enough technical and organisational measures that allow the use of biometric data while mitigating the data protection and privacy risks on European citizens’ privacy and their fundamental right to data protection in this age where this technology is no longer expensive so there are no economic restrains limiting privacy impact of individuals’; as was the situation when the Data Protection Directive was adopted in 1995. Description: LL.D. Sun, 01 Jan 2017 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/29474 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29323 Title: The processing of personal data and the protection of privacy in online gambling Abstract: Online Gambling is becoming very popular in today’s society. States are facing an ongoing battle to create a balance between, the success of online gambling and the laws, which are regulating such industry. Online Gambling is one of the best examples to identify the importance of Privacy and Data Protection. The fault lines of Directive 95/46/ EC have become much more clearer as technology is evolving. There is an ongoing critic that current data protection law is no longer sufficient to protect individuals. In this paper, there shall be in-depth analyses of the current data protection law and whether this caters for the needs of this fast evolving industry. In 2018, the Directive 95/46/EC is going to be replaced by the General Data Protection Regulation. The author is going to highlight the changes of this reform and how the Online Gambling Industry is going to be affected. Throughout this legal paper, the author shall discuss whether the Regulation has lived up to its expectations and whether this is going to strengthen online privacy. This legal paper will conclude with a brief argument on the changes for the online gambling companies regarding the EU privacy Regulation. After all, are Online Gambling companies prepared for the consequences this new law will bring? Description: LL.B Sun, 01 Jan 2017 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/29323 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29314 Title: Backdoor encryption policies : a legal dilemma Abstract: The ubiquitous use of technology has not only led us to impart communication and personal data online, but it has influenced our way of living. Encryption, a security measure taken to protect network communications, has found itself in the spotlight due to technological developments relating to the use of end-to-end encryption and national security threats. Such developments have led to a global discussion on the introduction of backdoors. The discussion emerging from law enforcement and intelligence agencies revolves around the concern that these agencies have in respect of their inability to access encrypted data online due to the use of encryption and which consequently prohibits them from exercising the powers given to them by law. Such a problem has been coined by the law enforcement community as the going dark concern. The discussion on encryption, which has been shifting in and out from the public sphere for years, was retriggered around the timeframe of the Snowden Revelations. However it was the San Bernardino attacks in California, U.S. and the short lived legal battle that ensued between the FBI and Apple Inc. that moved the discussion on encryption and more importantly backdoors into the public sphere. This thesis addresses whether governments should legislate in favour of law enforcement authorities and national security agencies having the authority to mandate backdoors from over-the-top (OTT) or tech companies in general and whether such laws already exist. This dilemma will be addressed both from the perspective of national security and law enforcement, and from a human rights perspective as well. The author will address the concerns that surround such a discussion while looking at judgments in respect of national security, human rights violations, legislation coming from different jurisdictions and general principles of law. The conclusion will see a short summary of the salient legal points and will address whether from the research carried out and the questions posed one can deduce that the current frameworks can provide strong safeguards which may allow one to answer the main question of this thesis in the affirmative, all the while maintaining the technical aspect in perspective. Description: LL.D. Sun, 01 Jan 2017 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/29314 2017-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/29299 Title: The challenges of cloud storage in the collection, preservation and use of electronic evidence in the criminal process Abstract: This paper considers the issues underlying the effective regulation of cloud infrastructure, focusing on territoriality, jurisdictional and evidentiary procedural principles and the need for amendments in Maltese legislation, conducive to a harmonised framework which reflects a constantly changing environment conditioned in part by technological change. Such amendments are to be complemented with training to prosecutors, members of the legal profession and judiciary alike and accompanied by better Court logistics enabling comprehensive and effective presentation of cloud-based evidence. The extent of law enforcement raises concern. Traditional principles of jurisdiction are not easily malleable in a cloud environment as manifested in the landmark Microsoft Cloud Case. Given the cloud’s nature, data transferring on the cloud may infringe privacy rights as the satisfactory monitoring of such data processing is slim. Technical difficulties exist not only is the data collection process itself, but also in the forensic data analysis. In Malta there is no legal framework in this regard and the investigating authorities merely follow guidance set out in UK practice. Also, the analysis is dependent on the systems the cloud service provider has in place and in the majority of cases on its collaboration. These issues and possible solutions are considered. Improvements and enhanced collaboration between law enforcement agencies are necessary to facilitate real-time data exchange. However, the extent of such collaboration whether through informal direct exchange or through formal MLA necessitates further analysis especially when faced with the dynamics of cloud computing. The need for definitions and changes at law to have a specific regime on the subject in line with accepted international norms is evidently manifested and possibly the major focus point legislators should immediately address. Description: LL.B Sun, 01 Jan 2017 00:00:00 GMT https://www.um.edu.mt/library/oar/handle/123456789/29299 2017-01-01T00:00:00Z