Cap. 653 Art. 30PoweroftheBoard to request and exchange information.    Cap. 586. Cap. 377.          Cap. 9.            Cap. 9.  Cap. 12.

(1) Notwithstanding anything contained in any other law, the Board shall have the power to request from any person, entity or body, any information that is strictly necessary for the purpose of exercising its functions under the Act in accordance with article 15(5)(a).

(2) Any information processed by the Board that relates to an identified or identifiable natural person shall fully comply with the provisions of Regulation (EU) 2016/679 and the Data Protection Act, including the regulations made thereunder, safeguarding the rights and freedoms of the data subjects.

(3) Where personal data communicated or otherwise made available to the Board pursuant to this article includes data other than required for the purposes for which such data was communicated or otherwise made available to, the Board shall immediately erase such data upon receipt.

(4) Notwithstanding anything contained in the Professional

Secrecy Act and any obligation of secrecy or confidentiality in accordance with any other law, any person, entity or body from whom information is requested by the Board in pursuance of its functions under this Act, shall communicate without delay the information requested to the Board, and for the purposes of article 257 of the

Criminal Code any such disclosure shall be deemed to be a disclosure of information to a public authority compelled by law:

Provided that nothing in this article and in article 29 shall place or imply any obligation on the competent law enforcement authorities, the Security Service, the Financial Intelligence Analysis Unit and the Malta Tax and Customs Administration to communicate to the Board any information which is deemed to be of a privileged nature or the communication of which may be in breach of their domestic or international obligations or otherwise hinder or prejudice the proper exercise of their functions, and any communication of information by the said authorities to the Board shall be upon a request of the Board and in accordance with a Memorandum of Understanding that the Board and the said authorities may respectively conclude between them for this purpose, taking into account their domestic and international obligations: Provided further that nothing in this article and in article 29

shall imply any obligation on the Attorney General to communicate to the Board any information which in any way relates to, or is connected with or came into his possession as a result of the exercise of any of his powers referred to in article 91(3) of the Constitution or any obligation on any person to communicate to the Board any information which would in legal proceedings be protected from disclosure by article

642(1) of the Criminal Code or by article 588(1) of the Code of

Organization and Civil Procedure:

Provided further that the provisions of this article shall not apply to a person who is a member of the legal profession.

(5) Any restrictions that are to be implemented in terms of any European Union restrictive measures or of a United Nations Security Council Resolution or regulations made under this Act shall prevail over any other legal or contractual obligation to which any natural person or legal person may be subject to.

(6) The Board shall, for each breach or failure to comply with the provisions of this article, impose an administrative penalty not exceeding one hundred euro (€100) on any person.

(7) The Board may exchange information with competent authorities of other Member States carrying out similar or equivalent functions of the Board, including third countries, or Union institutions, bodies, offices or agencies, if it is strictly necessary for the purpose of the prevention, detection, investigation or enforcement of domestic restrictive measures, European Union restrictive measures and United Nations Security Council Resolutions including cases involving actual or suspected violation or where cross-border cooperation is required to ensure the effective implementation of such measures:

Provided that where the Board transfers personal data to a third country which is not recognised by the European Commission as ensuring an adequate level of protection pursuant to Article 45 of Regulation (EU) 2016/679, the transfer of personal data shall be subject to the provisions of Chapter V of Regulation (EU) 2016/679.