On 27th March 2020, Legal Notice 107 of 2020 was enacted for the
purposes of amending the Processing of Data Concerning Health for
Insurance Purposes Regulations (''Subsidiary
Legislation 586.10''). These amendments were very
much anticipated and serve to clarify the conditions under which
'data concerning health' can be processed for
insurance business and insurance distribution purposes in
accordance with Maltese data protection laws.
'Data concerning health' is defined under the EU General
Data Protection Regulation 2016/679
(''GDPR'') as
''personal data related to the physical or mental
health of a natural person, including the provision of health care
services, which reveal information about his or her health
status.'' The GDPR categorises data concerning health
as a special category of personal data which can only be processed
if specific grounds exist. In terms of the enabling powers under
Article 9(4) of the GDPR, Member States are permitted to
