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DATA PROTECTION NOTICE

The personal data (which may include sensitive data) provided in this Traffic Accident Report ("Report") is part of the Electronic Traffic Accident Report services ("Tars") arrangement between the Malta Insurance Association ("MIA"), the participating insurers and the Local Enforcement Systems Agency (the "Agency"/ "we"/ our"/ "us"). The MIA and the relevant insurers covering the vehicles included in this motor traffic accident report (the "Relevant Insurers") are the data controllers in relation to personal data provided by you or any other person involved in the related motor traffic accident. The names and the details of the Relevant Insurers for Tars are included on the official MIA website (maltainsurance.org). The Agency has been appointed as a data processor to collect and process the information on site, on behalf of the data controllers, in accordance with the provisions of the General Data Protection Regulation (ELI) 2016/679 ("GDPR") and the Data Protection Act, Chapter 586 of the Laws of Malta, for the purpose of:

  1. investigating and reporting the motor traffic accident collisions in performance of its contractual obligations with MIA and in accordance to law; and
  2. transferring or disclosing such personal data to the Relevant Insurers (those covering the vehicles mentioned in this Report), and where applicable the MIA, in order to process insurance claims in performance of its contract with MIA.

For the execution of its obligations, the Agency appoints community officers to go on site and compile information about the motor traffic accident and relevant personal data as required in this Report. For the scope of achieving the processing purposes, your personal data shall be disclosed to the Relevant Insurers, insurance agents, subagents or brokers of the policyholders. Some or all the data may be passed to other insurance companies or to reinsurers for underwriting and claims handling purposes, to third party entities for fraud and crime prevention purposes, to third parties for the purpose of claiming compensation and to other governmental bodies or competent authorities for data verification purposes. Your personal data shall be disclosed to the police where the collision involves personal injury or government owned property, the vehicle is not properly insured, or may involve a criminal offence or require police intervention. Your personal data may be transferred to other countries in case the insurer is located outside Malta. In order to provide you with products and services this information will be held in the data systems of the Relevant Insurers and / or of their intermediaries. The Relevant Insurers may also collect information from other sources and check the information you provide them with such information.

As a data subject, you have the right to request access to your personal data as well as the right to rectify and where applicable, erase any inaccurate, incomplete or immaterial personal data; to request restriction of processing and to object to processing. Any such request must be made in writing to your Relevant Insurer and must be signed by yourself as the data subject to whom the particular data relates, whether you are a driver, pedestrian or witness. If you consider that the processing of your personal data is carried out in an unlawful manner, you may lodge a complaint with the Information and Data Protection Commissioner (the “IDPC”). In adherence its contractual obligations, the Agency will retain the personal data included in this Report for a minimum of ten years, or any longer period as may be required by law.

By signing this Report, you acknowledge that you as the driver of vehicle A or B at the time of the accident or the owner of vehicle A or B (where different from the driver) and all other passengers, pedestrians and witnesses specified by you, agree to this Data Protection Notice (“Notice”). You hereby confirm that you have shown this Notice to anyone whose personal data you disclosed in this Notice. Their explicit consent should be obtained before disclosing any sensitive personal data (such as medical conditions or injuries arising from the accident). By signing this Report, you acknowledge that you and all such persons indicated by you have acknowledged the contents of this Notice and given their explicit consent to such information being processed in the manner and for the purposes outlined here.