Directives issued by the Malta Police Association re: GHQ Circular 25/2020 entitled Declaration of Undertaking of Courses, issued by the Police Force to its members on the 23rd July 2020.
Contents of the Circular;
All employees of the Malta Police Force are hereby required to submit a declaration prior to undertaking any course leading to MQF Level 4 or higher qualification (See Enclosed). This applies to all courses, whether undertaken as part-time basis or full-time basis both at local or foreign educational institutions (Including Online Courses).
Declarations, which must be submitted to Human Resources Management, shall be accompanied by all relevant documentation including course description, course duration and timetables.
Human Resources Management shall then issue an assertion to this declaration.
These directives also apply to any course that is currently being undertaken at present, and whose results were published after the 1st of June 2020.
Assistant Commissioners and Superintendents are to ensure that all officers under their charge adhere and comply with the directives contained within this circular.
Disciplinary action will be taken against all defaulters.
Policies, Circulars or Instructions issued by the Malta Police Force to its members shall be within legal parameters and do not interfere with any fundamental right in any liberal democracy.
The Malta Police Force cannot interfere in the way described in GHQ Circular 25/2020 with no justifiable good reason and strong legal basis for the collection and processing of such.
In fact, contents of same, not only deprive the data subject (members of the Force) from his Data Protection Rights, but may also be perceived as an intimidation which totally goes against the spirit of any Data Protection legislation.
The collection of this data is tantamount to processing of personal data and is subject to Data Protection Legislation. The requested data from the Data Subjects, which are employees of the Malta Police Force has no valid legal basis.
Furthermore, no justification has been given as to why the Data is being required. Furthermore, we also have questions in light of the Data minimisation aspect of the matter.
How can this principle be observed by the Malta Police Force when personal data which is not even remotely relevant to the same Force, is being requested, under threat of disciplinary action to its data subjects?
The Malta Police Association, has been highlighting this breach since the 26th January 2021. No reply has been received and on the 26th March 2021, another detailed correspondence highlighting the seriousness of the issue has been sent, but still we had no received a reply. On the 27th April 2021, a reminder was sent. A meeting has been called after this reminder. The Malta Police Association, considering that this issue has been dragging since the 26th January 2021, informed that if after 1 week, this circular has not been withdraw, it will escalate further as the rights afforded to our members through an EU Regulation, has been wiped out by an abusive Circular issued by the Commissioner of Police without any legal basis.
To this effect, The Malta Police Association is directing its members that with immediate effect, no declarations shall be submitted to the Malta Police Force as dictated in this circular, unless they consent to, as it is within their rights.