S.L. 586.1 ст. 2Definitions.

(1) Unless otherwise stated in these regulations, the definitions in the Electronic Communications (Regulation) Act and the Data Protection Act shall apply.

(2) In these regulations, unless the context otherwise requires:

"Act" unless otherwise stated in these regulations, means the

Data Protection Act; "Authority" means the Malta Communications Authority; "Commissioner" means the Data Protection Commissioner;

"communication" means any information exchanged or transmitted between a finite number of parties by means of a publicly available electronic communications service. This does not include any information conveyed as part of a broadcasting service to the public over a electronic communications network except to the extent that the information can be related to the identifiable subscriber or user receiving the information; "consent" means consent by a user or subscriber and corresponds to the consent given by a data subject in accordance with article 2 of the Act; "controller" means the controller of personal data and shall have the same meaning as under the Act; "directory of subscribers" or "directory" means a directory of subscribers to publicly available electronic communications services, whether in printed form or in electronic form -

(a) which is available to the public or a section of the public, or

(b) information which is normally provided by a directory enquiry service; "electronic mail" means any text, voice, sound or image message sent over a public communications network which can be stored in the network or in the recipient’s terminal equipment until it is collected by the recipient;

"information society service" shall have the same meaning as under the Electronic Commerce Act;

"location data" means any data processed in an electronic communications network or by an electronic communication service, indicating the geographic position of the terminal equipment of a user of a publicly available electronic communications service;

"Minister" unless otherwise stated in these regulations means the Minister responsible for data protection;

"person" includes any body corporate and any body of persons whether or not it has a legal personality distinct from that of its members; "personal data breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly available electronic communications service; "processing" and "processing of personal data" mean any operation or set of operations which is taken in regard to personal data, whether or not it occurs by automatic means, and 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;

"traffic data" means any data processed for the purpose of the conveyance of a communication on a electronic communications network or for the billing thereof; "user" means any natural person using a publicly available electronic communications service, for private or business purposes, without necessarily having subscribed to such service;

"value added service" means any service which requires the processing of traffic data or location data other than traffic data beyond what is necessary for the transmission of a communication or the billing thereof.