Cap. 651 Art. 13Data protection. S.L. 586.08.      S.L. 586.08.

(1) Nothing in this Act or any other regulations issued thereunder shall prejudice the applicability of the Data Protection (Processing of Personal Data by Competent Authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties) Regulations and the fundamental rights and freedoms of the data subjects.

(2) Where the responsible authority in its capacity of data controller processes personal data of the persons concerned, it shall comply with the principles relating to the processing of personal data pursuant to regulation 4 of the Data Protection (Processing of Personal

Data by Competent Authorities for the Purposes of the Prevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations. The Electronic Monitoring System shall store the data indicated in Schedule IV.

(3) The controller, taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of the persons concerned, both at the time of the determination of the means for processing and at the time of the processing itself, shall implement appropriate technical and organisational measures, in an effective manner and to integrate the necessary safeguards into the processing, in order to protect the rights of the persons concerned .

(4) Where processing is to be carried out by the processor on behalf of the controller, the controller shall only use processors providing sufficient guarantees to implement appropriate technical and organisational measures pursuant to sub-article (3).

(5) The data protection officer appointed by the controller shall be consulted in a timely manner prior to the implementation of the electronic monitoring system and at the time of the processing operations.

(6) The controller shall ensure that a data protection impact assessment is carried out prior to the implementation of the electronic monitoring system.

(7) The controller shall maintain documentation relating to the processing system, including users and system logs, which shall be made available, upon request to the Commissioner.