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The Data Protection Act 2004. Act No. 13 of 2004

THE DATA PROTECTION ACT 2004

Act No. 13 of 2004

I assent

ANEROOD JUGNAUTH President of the Republic

17th June 2004

Date in Force: not proclaimed

ARRANGEMENT OF SECTIONS

Section

PART I - PRELIMINARY 1. Short title 2. Interpretation 3. Application of Act

PART II - DATA PROTECTION OFFICE 4. Data Protection Office 5. Functions of Commissioner 6. Confidentiality and oath

PART III - POWERS OF COMMISSIONER 7. Powers of Commissioner 8. Powers to obtain information 9. Delegation of powers by Commissioner 10. Contents of notice 11. Complaints 12. Enforcement of notice 13. Preservation Order 14. Power to carry out prior security checks 15. Compliance audit

16. Powers to request assistance 17. Powers of entry and search 18. Warrant to enter and search dwelling house 19. Obstruction of authorised officer 20. Referral to police 21. Directions by Prime Minister PART IV - OBLIGATION ON DATA CONTROLLERS 22. Collection of personal data 23. Accuracy of personal data 24. Processing of personal data 25. Processing of sensitive personal data 26. Use of personal data 27. Security of personal data 28. Duty to destroy personal data 29. Unlawful disclosure of personal data 30. Processing of personal data for direct marketing 31. Transfer of personal data 32. Data matching PART V - THE DATA PROTECTION REGISTER 33. Register of data controllers 34. Application for registration 35. Particulars to be furnished 36. Contents of register 37. Inspection of register 38. Duration of registration 39. Failure to register or to renew registration 40. Certificate issued by Commissioner

PART VI - RIGHTS OF DATA SUBJECTS 41. Access to personal data 42. Compliance with request for access to personal data 43. Denial of access to personal data 44. Inaccurate personal data

PART VII - EXEMPTIONS 45. National security

46. Crime and taxation 47. Health and social work 48. Regulatory activities 49. Journalism, literature and art 50. Research, history and statistics 51. Information available to the public under an enactment 52. Disclosure required by law or in connection with legal proceedings 53. Legal professional privilege 54. Domestic purposes

PART VIIl - MISCELLANEOUS 55. Annual report 56. Codes and guidelines 57. Service of notice 58. Right of appeal 59. Special jurisdiction of Tribunal 60. Immunity 61. Offences and penalties 62. Forfeiture 63. Prosecution and jurisdiction 64. Consequential amendments 65. Regulations 66. Commencement

__________

AN ACT

To provide for the protection of the privacy rights of individuals in view of the developments in the techniques used to capture, transmit, manipulate, record or

store data relating to individuals

PART I - PRELIMINARY

ENACTED by the Parliament of Mauritius, as follows -

1. Short title

The Act may be cited as the Data Protection Act 2004.

2. Interpretation

In this Act -

“adverse action”, in relation to a data subject, means any action that may

adversely affect the person’s rights, benefits, privileges, obligations or interests;

“authorised officer” means an officer to whom the Commissioner has delegated

his powers under section 9;

“blocking”, in relation to personal data, means suspending the modification of

data, or suspending or restricting the provision of information to a third party

where such provision is suspended or restricted in accordance with this Act;

“collect” does not include receipt of unsolicited information;

“Commissioner” means the Data Protection Commissioner referred to in section

“consent” means any freely given specific and informed indication of the wishes

of the data subject by which he signifies his agreement to personal data relating

to him being processed;

"data" means information in a form which -

(a) (i) is capable of being processed by means of equipment operating

automatically in response to instructions given for that purpose;

and

(ii) is recorded with the intent of it being processed by such

equipment; or

(b) is recorded as part of a relevant filing system or intended to be part of a

relevant filing system;

"data controller" means a person who, either alone or jointly with any other

person, makes a decision with regard to the purposes for which and in the

manner in which any personal data are, or are to be, processed;

“data matching procedure” means any procedure, whether manually or by means

of any electronic or other device, whereby personal data collected for one or

more purposes in respect of 10 or more data subjects are compared with

personal data collected for any other purpose in respect of those data subjects

where the comparison –

(a) is for the purpose of producing or verifying data that; or

(b) produces or verifies data in respect of which it is reasonable to believe

that it is practicable that the data,

may be used, whether immediately or at any subsequent time, for the purpose of

taking any adverse action against any of those data subjects;

"data processor" means a person, other than an employee of the data controller,

who processes the data on behalf of the data controller;

"data protection principles" means the data protection principles specified in the

First Schedule;

"data subject" means a living individual who is the subject of personal data;

“direct marketing” means the communication of any advertising or marketing

material which is directed to any particular individual;

“document” includes –

(a) a disc, tape or any other device in which the data other than visual

images are embodied so as to be capable, with or without the aid of some

other equipment, of being reproduced from the disc, tape or other device;

and

(b) a film, tape or other device in which visual images are embodied as to be

capable, with or without the aid of some other equipment, of being

reproduced from the film, tape or other device;

“inaccurate”, in relation to personal data, means data which are incorrect,

misleading, incomplete or obsolete;

“individual” means a living individual;

“information and communication network“ means a network for the transmission

of messages and includes a telecommunication network;

“network” means a communication transmission system that provides

interconnection among a number of local and remote devices;

"office" means the Data Protection Office established under section 4;

"personal data" means -

(a) data which relate to an individual who can be identified from those data;

(b) data or other information, including an opinion forming part of a database,

whether or not recorded in a material form, about an individual whose

identity is apparent or can reasonably be ascertained from the data,

information or opinion;

“proceedings” –

(a) means any proceedings conducted by or under the supervision of a

Judge, Magistrate or judicial officer; and

(b) includes –

(i) any inquiry or investigation into a criminal offence; and

(ii) any disciplinary proceedings;

"processing" means any operation or set of operations which is performed on the

data wholly or partly by automatic means, or otherwise than by automatic means,

and includes -

(a) collecting, organising or altering the data;

(b) retrieving, consulting, using, storing or adapting the data;

available; or

(d) aligning, combining, blocking, erasing or destroying the data;

"register" means the register referred to in section 33;

"relevant filing system" means a structured set of information relating to

individuals that, although it is not in a form capable of being processed

automatically, is structured, either by reference to any individual or by reference

to criteria relating to the individual, in such a way that the structure allows ready

accessibility to information relating to that individual;

“relevant function” means –

(a) any function conferred on any person by or under any enactment;

(b) any function of any Minister; or

public interest;

“relevant person”, in relation to a data subject, means –

(a) where the data subject is a minor, a person who has parental authority

over the minor or has been appointed as his guardian by the Court;

(b) where the data subject is physically and mentally unfit, a person who has

been appointed his guardian by the Court;

to make a request under sections 41 and 44;

"sensitive personal data" means personal information concerning a data subject

and consisting of information as to -

(a) the racial or ethnic origin;

(b) political opinion or adherence;

(d) membership to a trade union;

(e) physical or mental health;

(f) sexual preferences or practices;

(g) the commission or alleged commission of an offence; or

(h) any proceedings for an offence committed or alleged to have been

committed by him, the disposal of such proceedings or the sentence of

any court in such proceedings;

“telecommunication network” means a system, or a series of systems, operating

within such boundaries as may be prescribed, for the transmission or reception of

messages by means of guided or unguided electro-magnetic energy or both;

“third party” in relation to personal data, means any person other than –

(a) the data subject;

(b) a relevant person in the case of a data subject;

(d) a person authorised in writing by the data controller to collect, hold,

process or use the data –

(i) under the direct control of the data controller; or

(ii) on behalf of the data controller;

“traffic data” means any data relating to a communication by means of a

computer system and generated by the system that form part in the chain of

communication, indicating the communication’s origin, destination, route, time,

date, size, duration, or type of underlying service;

"Tribunal" means the ICT Appeal Tribunal set up under section 36 of the

Information and Communication Technologies Act 2001;

“underlying service” means the type of service that is used within the computer

system;

“use” in relation to personal data, includes disclose or transfer the data.

3. Application of Act

(1) This Act shall bind the State.

(2) For the purposes of this Act, each Ministry or Government department

shall be treated as separate from any other Ministry or Government

department.

(3) Subject to Part VII, this Act shall apply to a data controller -

(a) who is established in Mauritius and processes data in the context

of that establishment; and

(b) who is not established in Mauritius but uses equipment in

Mauritius for processing data, other than for the purpose of transit

through Mauritius.

(4) A data controller, falling within subsection (3)(b) shall nominate for the

purposes of this Act, a representative established in Mauritius.

(5) For the purposes of subsection (3)(a) any person who -

(a) is ordinarily resident in Mauritius;

(b) carries out data processing activities through an office, branch or

agency in Mauritius,

shall be treated as being established in Mauritius.

(6) Subject to the provisions of this Act, every data controller shall comply

with the data protection principles.

PART II - DATA PROTECTION OFFICE

4. Data Protection Office

(1) There is established for the purposes of this Act a Data Protection Office

which shall be a public office.

(2) The head of the office shall be known as the Data Protection

Commissioner.

(3) The Commissioner shall be a barrister with at least 5 years standing at

the Bar.

(4) The Commissioner shall be assisted by such public officers as may be

necessary.

(5) Every public officer referred to in subsection (4) shall be under the

administrative control of the Commissioner.

5. Functions of Commissioner

The Commissioner shall -

(a) ensure compliance with this Act, and any regulations made under the Act;

(b) issue or approve codes of practice or guidelines for the purposes of this

Act;

(d) exercise control on all data processing activities, either of its own motion

or at the request of a data subject, and verify whether the processing of

data is in accordance of this Act or regulations made under the Act;

(e) promote self-regulation among data controllers;

(f) investigate any complaint or information which give rise to a suspicion

that an offence, under this Act may have been, is being or is about to be

committed;

(g) take such measures as may be necessary so as to bring to the

knowledge of the general public the provisions of this Act;

(h) undertake research into, and monitor developments in, data processing

and computer technology, including data-matching and data linkage,

ensure that any adverse effects of such developments on the privacy of

individuals are minimised, and report to the Prime Minister the results of

such research and monitoring;

(i) examine any proposal for data matching or data linkage that may involve

an interference with, or may otherwise have adverse effects on the

privacy of individuals and, ensure that any adverse effects of such

proposal on the privacy of individuals are minimised;

(j) do anything incidental or conducive to the attainment of the objects of,

and to the better performance of his duties and functions under this Act.

6. Confidentiality and oath

(1) The Commissioner, and every officer of the office shall take the oath

specified in the Second Schedule.

(2) The Commissioner and every authorised officer shall not, except –

(a) in accordance with this Act or any other enactment;

(b) upon a Court order; or

divulge any information obtained in the exercise of a power or in the

performance of a duty under this Act.

(3) The Commissioner or any authorised officer, who otherwise than in the

course of his duties, uses or records personal data or sensitive personal

data, that comes to his knowledge or to which he has access by reason of

his position as Commissioner or authorised officer, shall commit an

offence.

(4) Any person, who without lawful excuse, contravenes subsection (2), shall

commit an offence and shall, on conviction, be liable to a fine not

exceeding 50,000 rupees and to imprisonment for a term not exceeding 2

years.

PART III - POWERS OF COMMISSIONER

7. Powers of Commissioner

The Commissioner shall have power, for the purpose of carrying out his functions

to do all such acts as appear to him to be requisite, advantageous or convenient

for, or in connection with the carrying out of these functions.

8. Powers to obtain information

(1) The Commissioner may, by notice in writing served on any person,

request from that person, information as is necessary or expedient for the

performance of his functions and exercise of his powers and duties under

this Act.

(2) Where the information requested by the Commissioner is stored in a

computer, disc, cassette, or on microfilm, or preserved by any mechanical

or electronic device, the person named in the notice shall produce or give

access to the information in a form in which it can be taken away and in

which it is visible and legible.

9. Delegation of powers by Commissioner

The Commissioner may delegate any of his investigating and enforcement

powers conferred upon him by this Act to any officer of his office and to

any police officer designated for that purpose by the Commissioner of

Police.

10. Contents of notice

(1) Subject to subsection (2) -

(a) the notice specified in section 8 shall state that the person to

whom the notice is addressed has a right of appeal conferred

under section 58; and

(b) the delay granted for compliance shall not be less than 21 days.

(2) Where a notice of appeal against a decision made under section 8, is

lodged with the Commissioner, the information required need not be

furnished, pending the determination or withdrawal of the appeal.

(3) Where the Commissioner considers that the information is required

urgently for the proper performance of his functions and exercise of his

powers under this Act, the Commissioner may apply to the Judge in

Chambers for communication of the information.

(4) Any person, who without reasonable excuse, fails or refuses to comply

with a requirement specified in a notice, or who furnishes to the

Commissioner an information which he knows to be false or misleading in

a material particular, shall commit an offence, and shall on conviction, be

liable to a fine not exceeding 50,000 rupees and to imprisonment for a

term not exceeding 2 years.

11. Complaints

Where a complaint is made to the Commissioner that this Act or any regulations

made under it, has been, is being or is about to be contravened, the

Commissioner shall -

(a) investigate the complaint or cause it to be investigated by an

authorised officer, unless he is of the opinion that such complaint

is frivolous or vexatious; and

(b) as soon as reasonably practicable, notify the complainant in

writing of his decision in relation to the complaint and that the

complainant may, if he is aggrieved by the Commissioner's

decision, appeal to the Tribunal.

12. Enforcement of notice

(1) Where the Commissioner is of opinion that a data controller or a data

processor has contravened, is contravening or is about to contravene this

Act, the Commissioner may serve an enforcement notice on the data

controller or the data processor, as the case may be, requiring him to take

such steps within such time as may be specified in the notice.

(2) Notwithstanding subsection (1), where the Commissioner is of the opinion

that a person has committed an offence under this Act, he may

investigate the matter or cause it to be investigated by an authorised

officer.

(3) An enforcement notice shall -

(a) specify any provision of this Act which has been, is being or is

likely to be contravened;

(b) specify the measures that shall be taken to remedy or eliminate

the matter, as the case may be, which makes it likely that a

contravention will arise;

which those measures shall be implemented; and

(d) state the right of appeal conferred under section 58.

(4) In complying with an enforcement notice served under subsection (1), a

data controller or a data processor, as the case may be, shall as soon as

practicable and in any event not later than 21 days after such compliance,

notify -

(a) the data subject concerned; and

(b) where such compliance materially modifies the data concerned,

any person to whom the data was disclosed during the period

beginning 12 months before the date of the service of the

enforcement notice and ending immediately before such

compliance,

of any amendment.

(5) Where the Commissioner considers that any provision of the enforcement

notice need not be complied with to ensure compliance with the data

protection principles to which the notice relates, he may vary the notice

and, where he does so, he shall notify in writing the person on whom the

notice was served.

(6) Any person who, without reasonable excuse, fails or refuses to comply

with an enforcement notice shall commit an offence, and shall, on

conviction, be liable to fine not exceeding 50,000 rupees and to

imprisonment for a term not exceeding 2 years.

13. Preservation Order

(1) The Commissioner may apply to a Judge in Chambers for an order for the

expeditious preservation of data, including traffic data, where he has

reasonable grounds to believe that such data is vulnerable to loss or

modification.

(2) Where the Judge in Chambers is satisfied that an order may be made

under subsection (1), he shall issue a preservation order specifying a

period which shall not be more than 90 days during which the order shall

remain in force.

(3) The Judge in Chambers may, on application made by the Commissioner,

extend the period specified in subsection (2) for such time as the Judge

thinks fit.

14. Power to carry out prior security checks

(1) Where the Commissioner is of the opinion that the processing or transfer

of data by a data controller entails specific risks to the privacy rights of

data subjects, he may inspect and assess the security measures taken

under section 27 prior to the beginning of the processing or transfer.

(2) The Commissioner may, at any reasonable time during working hours,

carry out further inspection and assessment of the security measures

imposed on a data controller under section 27.

15. Compliance audit

The Commissioner may carry out periodical audits of the systems of data

controllers to ensure compliance with data protection principles specified in the

First Schedule.

16. Powers to request assistance

(1) For the purposes of gathering information or for the proper conduct of any

investigation concerning compliance with this Act, the Commissioner may

seek the assistance of such persons or authorities, as he thinks fit and

that person or authority may do such things as are reasonably necessary

to assist the Commissioner in the performance of the Commissioner’s

functions.

(2) Any person assisting the Commissioner pursuant to subsection (1), shall

for the purposes of section 6 be deemed to an officer of the office.

17. Powers of entry and search

(1) An authorised officer may, at any time, enter any premises other than a

dwelling house, for the purpose of discharging any functions or duties

under this Act or any regulations made under this Act.

(2) An authorised officer shall not enter a dwelling house unless he shows to

the owner or occupier of the house, a warrant issued by a Magistrate

authorising the officer to exercise his power under this Act in respect of

the house.

(3) An authorised officer may, on entering any premises –

(a) request the owner or occupier to produce any document, record or

data;

(b) examine any such document, record or data and take copies or

extracts from them;

employed by him, or any other person on the premises, to give to

the authorised officer all reasonable assistance and to answer all

reasonable questions either orally or in writing.

(4) Where the information requested by the authorised officer pursuant to

subsection (3) is stored in a computer, disc, cassette, or on microfilm, or

preserved by any mechanical or electronic device, the person to whom

the request is made shall be deemed to require the person to produce or

give access to it in a form in which it can be taken away and in which it is

visible and legible.

(5) For the purpose of carrying out his duties under this section, the

authorised officer may be accompanied by such person as the

Commissioner thinks fit.

18. Warrant to enter and search dwelling house

(1) A Magistrate may, on being satisfied on an information upon oath, that

the authorised officer has to exercise the powers and duties conferred

upon him under section 17 in respect of a dwelling house, issue a warrant

authorising the authorised officer to exercise those powers and duties.

(2) A warrant issued under subsection (1) shall be valid for the period stated

in the warrant.

(3) The Magistrate may attach and specify any condition to a warrant.

19. Obstruction of authorised officer

Any person who, in relation to the exercise of powers conferred by section 17

and 18 –

(a) obstructs or impedes an authorised officer in the exercise of any of his

powers;

(b) fails to provide assistance or information requested by the authorised

officer;

person with him in the exercise of his functions;

(d) gives to an authorised officer any information which is false and

misleading in a material particular,

shall commit an offence and shall, on conviction, be liable to a fine not exceeding

50,000 rupees and to a term of imprisonment not exceeding 2 years.

20. Referral to police

On completion of an investigation under this Act, the Commissioner shall, where

the investigation reveals that an offence has been committed under this Act or

any regulations made under the Act, refer the matter to the Police.

21. Directions by Prime Minister

(1) Subject to subsection (2), the Prime Minister may give in writing such

directions of a general character to the Commissioner, not inconsistent

with this Act, which he considers to be necessary in the public interest,

and the Commissioner shall comply with those directions.

(2) The Prime Minister shall not -

(a) give any direction in relation to any specific matter which is the

subject of an investigation by the office; and

(b) question the Commissioner or an authorised officer, or otherwise

enquire into, a matter which is under investigation by the office.

PART IV – OBLIGATION ON DATA CONTROLLERS

22. Collection of personal data

(1) Subject to Part VII, a data controller shall not collect personal data unless

(a) it is collected for a lawful purpose connected with a function or

activity of the data controller; and

(b) the collection of the data is necessary for that purpose.

(2) Where a data controller collects personal data directly from a data

subject, the data controller shall at the time of collecting personal data

ensure that the data subject concerned is informed of -

(a) the fact that the data is being collected;

(b) the purpose or purposes for which the data is being collected;

(d) the name and address of the data controller;

(e) whether or not the supply of the data by that data subject is

voluntary or mandatory;

(f) the consequences for that data subject if all or any part of the

requested data is not provided;

(g) whether or not the data collected shall be processed and whether

or not the consent of the data subject shall be required for such

processing; and

(h) his right of access to, the possibility of correction of and

destruction of, the personal data to be provided.

(3) A data controller shall not be required to comply with

subsection (2) –

(a) in respect of a data subject where –

(i) compliance with subsection (2) in respect of a second or

subsequent collection will be to repeat, without any

material difference, what was done to comply with that

subsection in respect of the first collection; and

(ii) not more than 12 months have elapsed between the first

collection and this second or subsequent collection.

(b) where –

(i) compliance is not reasonably practicable at the time of

collection, provided that the data controller makes

available to the data subject all the relevant information

specified in subsection (2) as soon as practicable; or

(ii) the data is used in a form in which the data subject

concerned cannot or could not reasonably expect to be

identified.

(4) Where data is not collected directly from the data subject concerned, the

data controller or any person acting on his behalf shall ensure that the

data subject is informed of the matters specified in subsection (2).

(5) Subsection (3) shall not operate to prevent a second or subsequent

collection from becoming a first collection where the data controller has

complied with subsection (2) in respect of the second or subsequent

collection.

23. Accuracy of personal data

A data controller shall take all reasonable steps to ensure that personal data

within his possession is -

(a) accurate; and

(b) kept up to date where such data requires regular updating.

24. Processing of personal data

(1) No personal data shall be processed, unless the data controller has

obtained the express consent of the data subject.

(2) Notwithstanding subsection (1), personal data may be processed without

obtaining the express consent of the data subject where the processing is

necessary -

(a) for the performance of a contract to which the data subject is a

party;

(b) in order to take steps required by the data subject prior to entering

into a contract;

(d) for compliance with any legal obligation to which the data

controller is subject;

(e) for the administration of justice; or

(f) in the public interest.

25. Processing of sensitive personal data

(1) No sensitive personal data shall be processed unless the data subject

has –

(a) given his express consent to the processing of the personal data;

(b) made the data public.

(2) Subsection (1) shall not apply where the processing –

(a) is necessary –

(i) for the purposes of exercising or performing any right or

obligation which is conferred or imposed by law on the

data controller in connection with his employment;

(ii) in order to protect the vital interests of the data subject or

another person in a case where consent cannot be given

by or on behalf of the data subject, or the data controller

cannot reasonably be expected to obtain the consent of

the data subject;

(iii) in order to protect the vital interests of another person, in a

case where consent by or on behalf of the data subject has

been unreasonably withheld;

(iv) for the performance of a contract to which the data subject

is a party;

(v) in order to take steps required by the data subject prior to

entering into a contract;

(vi) for compliance with a legal obligation to which the data

controller is subject;

(b) is carried out by any entity or any association which exists for

political, philosophical, religious or trade union purposes in the

course of its legitimate activities and the processing -

(i) is carried out with the appropriate safeguards specified

under sections 22, 23, 26 and 27;

(ii) is related only to individuals who are members of the

charitable entity or association, and

(iii) does not involve disclosure of the personal data to a third

party without the consent of the date subject;

made public as a result of steps deliberately taken by the data

subject;

(d) is required by law.

26. Use of personal data

The data controller shall ensure that personal data is -

(a) kept only for one or more specified and lawful purposes for which

such data has been collected and processed;

(b) not used or disclosed in any manner incompatible with the

purposes for which such data has been collected and processed;

for which such data has been collected and processed; and

(d) not kept for longer than is necessary for the purposes for which

such data has been collected and processed.

27. Security of personal data

(1) A data controller shall –

(a) take appropriate security and organisational measures for the

prevention of unauthorised access to, alteration of, disclosure of,

accidental loss, and destruction of the data in his control; and

(b) ensure that the measures provide a level of security appropriate to

–

(i) the harm that might result from the unauthorised access to,

alteration of, disclosure of, destruction of the data and its

accidental loss; and

(ii) the nature of the data concerned.

(2) A data controller or a data processor shall take all reasonable steps to

ensure that any person employed by him is aware of and complies with

the relevant security measures.

(3) Where a data controller is using the services of a data processor, he shall

choose a data processor providing sufficient guarantees in respect of

security and organisational measures for the purposes of complying with

subsection (1).

(4) Where the data controller is using the services of a data processor under

subsection (3) the data controller and the data processor shall enter into a

written contract which shall provide that -

(a) the data processor shall act only on instructions received from the

data controller; and

(b) the data processor shall be bound by obligations devolving on the

data controller under subsection (1).

(5) Without prejudice to subsection (1), in determining the appropriate

security measures, in particular, where the processing involves the

transmission of data over an information and communication network, a

data controller shall have regard to –

(a) the state of technological development available;

(b) the cost of implementing any of the security measures;

(d) the nature of the data being processed.

28. Duty to destroy personal data

(1) Where the purpose for keeping personal data has lapsed, the data

controller shall –

(a) destroy such data as soon as reasonably practicable; and

(b) notify any data processor holding such data.

(2) Any data processor who receives a notification under subsection (1) (b)

shall, as soon as reasonably practicable, destroy the data specified by the

data controller.

29. Unlawful disclosure of personal data

(1) Any data controller who, without lawful excuse, discloses personal data in

any manner that is incompatible with the purposes for which such data

has been collected shall commit an offence.

(2) Any data processor who, without lawful excuse, discloses personal data

processed by him without the prior authority of the data controller on

whose behalf such data is or has been processed shall commit an

offence.

(3) Subject to subsection (4), any person who -

(a) obtains access to personal data, or obtains any information

constituting such data, without prior authority of the data controller

or data processor by whom such data is kept; and

(b) discloses the data or information to another person,

shall commit an offence.

(4) Subsection (3) shall not apply to a person who is an employee or agent of

a data controller or processor and is acting within his mandate.

(5) Any person who offers to sell personal data where such personal data

has been obtained in breach of subsection (1) shall commit an offence.

(6) For the purposes of subsection (5), an advertisement indicating that

personal data is or may be for sale, constitutes an offer to sell the

personal data.

30. Processing of personal data for direct marketing

(1) A person may, at any time, by notice in writing, request a data controller –

(a) to stop; or

(b) not to begin,

the processing of personal data in respect of which he is a data subject,

for the purposes of direct marketing.

(2) Where the data controller receives a request under subsection (1)(a), he

shall, as soon as reasonably practicable and in any event not more than

28 days after the request has been received –

(a) where the data are kept only for purposes of direct marketing,

erase the data; and

(b) where the data are kept for direct marketing and other purposes,

stop processing the data for direct marketing.

(3) Where the data controller receives a request under subsection (1)(b), he

(a) shall, where the data are kept only for the purpose of direct

marketing, as soon as reasonably practicable and in any event not

more than 28 days after the request has been received, erase the

data; or

(b) shall not, where the data are kept for direct marketing and other

purposes, process the data for direct marketing after the expiry of

28 days.

(4) The data controller shall notify the data subject in writing of any action

taken under subsections (2) and (3) and, where appropriate, inform him of

the other purposes for which the personal data is being processed.

(5) Where a data controller fails to comply with a notice under subsection (1),

the data subject may appeal to the Tribunal.

(6) Where a data controller fails to comply with an order of the Tribunal, he

shall commit an offence.

31. Transfer of personal data

(1) Subject to subsection (2), no data controller shall, except with the written

authorisation of the Commissioner, transfer personal data to a third

country.

(2) The Eighth data protection principle specified in the First Schedule shall

not apply where –

(a) the data subject has given his consent to the transfer;

(b) the transfer is necessary –

(i) for the performance of a contract between the data subject

and the data controller, or for the taking of steps at the

request of the data subject with a view to his entering into

a contract with the data controller;

(ii) for the conclusion of a contract between the data controller

and a person, other than the data subject, which is entered

at the request of the data subject, or is in the interest of the

data subject, or for the performance of such a contract;

(iii) in the public interest, to safeguard public security or

national security.

Commissioner as ensuring the adequate safeguards for the

protection of the rights of the data subject.

(3) For the purpose of subsection (2)(c), the adequacy of the level of

protection of a country shall be assessed in the light of all the

circumstances surrounding the data transfer, having regard in particular

to -

(a) the nature of the data;

(b) the purpose and duration of the proposed processing;

(d) the rules of law, both general and sectoral, in force in the country

in question; and

(e) any relevant codes of conduct or other rules and security

measures which are complied with in that country.

32. Data matching

(1) No data controller shall carry out a data matching procedure unless –

(a) (i) the data subject whose personal data is the subject to that

procedure has given his consent to the procedure being

carried out;

(ii) the Commissioner has consented to the procedure being

carried out; and

(iii) is the procedure carried out in accordance with such

conditions as the Commissioner may impose; or

(b) it is required or permitted under any other enactment.

(2) Subject to subsection (3), a data controller shall not take any adverse

action against any data subject as a consequence of the carrying out of a

data matching procedure –

(a) unless the data controller has served a notice in writing on the

data subject –

(i) specifying the adverse action it proposes to take and the

reasons therefor;

(ii) stating that the data subject has 7 days after the receipt

of the notice to show cause why the adverse action

should not be taken; and

(b) until the expiry of the 7 days specified in paragraph (a).

(3) Subsection (2) shall not preclude a data controller from taking any

adverse action against any data subject if compliance with the

requirements of that subsection shall prejudice any investigation into the

commission of any offence which has been, is being or is likely, to be

committed.

PART V - THE DATA PROTECTION REGISTER

33. Register of data controllers

(1) There shall be a register of data controllers to be known as the Data

Protection Register, which shall be kept and maintained by the office.

(2) Subject to Part VII, a data controller shall register himself with the office.

34. Application for registration

(1) An application for registration as a data controller shall be made in writing

to the Commissioner and the person shall furnish such particulars as

requested under section 35.

(2) Where a data controller intends to keep personal data for 2 or more

purposes, he shall make an application for separate registration in

respect of any of those purposes and, entries shall be made in

accordance with any such applications.

(3) Subject to subsection (4), the Commissioner shall grant an application for

registration, unless he reasonably believes that –

(a) the particulars proposed for inclusion in an entry in the register are

insufficient or any other information required by the Commissioner

either has not been furnished, or is insufficient;

(b) appropriate safeguards for the protection of the privacy of the data

subjects concerned are not being, or will not continue to be,

provided by the data controller; or

(4) Upon registration of an application, the applicant shall pay such fee as

may be prescribed.

(5) Where the Commissioner refuses an application for registration, he shall,

as soon as reasonably practicable, notify in writing the applicant of the

refusal –

(a) specifying the reasons for the refusal; and

(b) informing the applicant that he may appeal against the refusal

under to section 58.

(6) The Commissioner may, at any time, at the request of the person to

whom an entry in the register relates, remove his name from the register.

35. Particulars to be furnished

(1) A data controller who wishes to be registered with the office shall provide

the following particulars -

(a) his name and address;

(b) if he has nominated a representative for the purposes of this Act,

the name and address of the representative;

on behalf of the data controller, and of the category of data

subjects, to which the personal data relate;

(d) a statement as to whether or not he holds, is likely to hold,

sensitive personal data;

(e) a description of the purpose for which the personal data are being

or are to be processed;

(f) a description of any recipient to whom the data controller intends

or may wish to disclose the personal data;

(g) the names, or a description of, any country to which the data

controller directly or indirectly transfers, or intends or may wish,

directly or indirectly to transfer the data; and

(h) the class of data subjects, or where practicable the names of data

subjects, in respect of which the data controller holds personal

data.

(2) Any data controller who, knowingly supplies false information under

subsection (1), shall commit an offence and shall, on conviction, be liable

to a fine not exceeding 100,000 rupees and to imprisonment for a term

not exceeding 2 years.

(3) Where the data controller in respect of whom there is an entry in the

address, notify the Commissioner in writing.

36. Contents of register

Each entry in the register shall contain the particulars provided under section 35.

37. Inspection of register

(1) The register shall be kept in the office of the Commissioner and shall at

all reasonable times be available for inspection by any person free of

charge.

(2) Any person may, on payment of such fee as may be prescribed, obtain

from the Commissioner a certified copy of, or of an extract from, any entry

in the register.

38. Duration of registration

(1) A registration shall be for a period not exceeding one year and on the

expiry of such period, the relevant entry shall be cancelled unless the

registration is renewed.

(2) The period specified under subsection (1) shall be calculated -

(a) in the case of a first registration, from the date on which the

relevant entry was made in the register; and

(b) in the case of a registration which has been renewed, from the

date on which it was renewed.

(3) The Commissioner may, subject to this Act, renew a registration upon

application by the data controller, and on payment of such fee as may be

prescribed.

39. Failure to register or to renew registration

Any data controller, who without reasonable excuse, processes any personal

data without being registered, shall commit an offence.

40. Certificate issued by Commissioner

In any proceedings in which the registration of a person as a data controller or a

data processor is in question, a certificate under the hand of the Commissioner

that there is no entry in the register in respect of the person as a data controller

or data processor, shall be conclusive evidence of that fact.

PART VI - RIGHTS OF DATA SUBJECTS

41. Access to personal data

(1) Subject to section 42, a data controller shall on the written request of a

data subject or a relevant person -

(a) inform the data subject or the relevant person -

(i) whether the data kept by him include personal data

relating to the data subject;

(ii) the purposes for which the data are being or are to be

processed;

(iii) the recipients or classes of recipients to whom they are or

may be disclosed; and

(b) supply the data subject or the relevant person with a copy of any

data referred to in paragraph (a) on payment of the prescribed fee.

(2) A request under subsection (1)(a) and (b) shall be treated as a single

request.

(3) Where any data referred to under subsection (1) is expressed in terms

that are not intelligible without explanation, the data controller shall supply

the information with an explanation of those terms.

(4) A fee paid by any person to a data controller under this section shall be

returned to him where a request under subsection (1) is not complied

with.

(5) The information to be supplied pursuant to a request under this section

shall be supplied by reference to any personal data at the time when the

request is received, except that it may take account of any amendment or

deletion made between that time and the time when the information is

supplied, being an amendment or deletion that would have been made

regardless of the receipt of the request.

42. Compliance with request for access to personal data

(1) Subject to subsection (2) and section 43 and to the payment of the

prescribed fee, a data controller shall comply with a request under section

41 not later than 28 days after the receipt of the request.

(2) Where a data controller is unable to comply with the request within the

period specified in subsection (1), he shall –

(a) before the expiry of the specified period –

(i) inform the data subject or the relevant person who has

made the request on behalf of the data subject, that he is

unable to comply with the request and shall, if required,

state the reasons therefor;

(ii) endeavour to comply with the request in such time

reasonably practicable, and

(b) as soon as practicable after the expiry of the specified period,

comply with the request.

43. Denial of access to personal data

(1) A data controller may refuse a request under section 41 where –

(a) he is not supplied with such information as he may reasonably

require in order to satisfy himself as to the identity of the person

making the request, and to locate the information which the

person seeks;

(b) compliance with such request will be in contravention with his

confidentiality obligation imposed under any other enactment.

(2) Where a data controller cannot comply with a request under section 41

without disclosing personal data relating to another person, he may

refuse the request unless -

(a) the other individual has consented to the disclosure of the his

personal data to the person making the request; or

(b) he obtains the written approval of the Commissioner.

(3) In determining for the purposes of subsection (2)(b) whether it is

reasonable for the Commissioner to approve a request without the

consent of the other individual concerned, regard shall be had, in

particular, to-

(a) any duty of confidentiality owed to the other individual;

(b) any steps taken by the data controller with a view to seeking the

consent of the other individual;

(d) any express refusal of consent by the other individual.

(4) (a) Where a data controller has previously complied with a request

made under section 41 by a data subject, the data controller is not

obliged to comply with a subsequent identical or similar request under

that section by that data subject unless a reasonable interval has elapsed

between compliance with the previous request and the making of the

current request.

(b) In determining, for the purposes of paragraph (a), whether

requests under section 41 are made at reasonable intervals,

regard shall be had to -

(i) the nature of the data;

(ii) the purpose for which the data are processed; and

(iii) the frequency with which the data are altered.

(5) A data controller shall not comply with a request under section 41 where

–

(a) he is being requested to disclose information given or to be given

in confidence for the purposes of -

(i) the education, training or employment, or prospective

education, training or employment, of the data subject;

(ii) the appointment, or prospective appointment, of the data

subject to any office; or

(iii) the provision, or prospective provision, by the data subject

of any service;

(b) the personal data requested consist of information recorded by

candidates during an academic, professional or other

examination;

of any offence other than an offence under this Act, expose him to

proceedings for that offence.

44. Inaccurate personal data

(1) A data controller shall, upon being informed as to the inaccurateness of personal data, by a data subject to whom such data pertains, cause such

data to be rectified, blocked, erased or destroyed, as appropriate.

(2) Where a data controller is aware that a third party holds inaccurate personal data, he shall, as soon as reasonably practicable, require the

third party to rectify, block, erase or destroy the data, as appropriate.

(3) Where the third party specified in subsection (2) fails to comply with the requirement under that subsection, he shall commit an offence.

(4) Where a data controller fails to rectify, block, erase or destroy inaccurate personal data, a data subject may apply to the Commissioner to have

such data rectified, blocked, erased or destroyed, as appropriate.

(5) Upon being satisfied by an application under subsection (4) that the

personal data is incorrect, the Commissioner shall, where he is satisfied,

direct the data controller to rectify, block, erase or destroy those data and

any other personal data in respect of which he is the data controller.

(6) Where the Commissioner –

(a) issues a direction under subsection (5); or

(b) is satisfied on the application by an individual that personal data of

which the individual is the data subject were inaccurate and have

been rectified, blocked, erased or destroyed,

he may direct the data controller to notify third parties to whom the data

have been disclosed, of the rectification, blocking, erasure or destruction.

PART VII - EXEMPTIONS

45. National security

(1) Personal data are exempt from any provision of this Act where the non-

application of such provision would, in the opinion of the Prime Minister

be required for the purpose of safeguarding national security.

(2) In any proceedings in which the non-application of the provisions of this

Act on grounds of national security is in question, a certificate under the

hand of the Prime Minister referred in subsection (1) certifying that such is

the case, shall be conclusive evidence of that fact.

46. Crime and taxation

The processing of personal data for the purposes of -

(a) the prevention or detection of crime;

(b) the apprehension or prosecution of offenders; or

a similar nature,

shall be exempt from -

(i) the Second, Third, Fourth and Eighth data protection

principles;

(ii) sections 23 to 26; and

(iii) Part VI of this Act in respect of blocking personal data,

to the extent to which the application of such provisions would be likely to

prejudice any of the matters specified in paragraphs (a) to (c).

47. Health and social work

(1) A data controller shall be exempt from the application of section 41 where

the personal data to which access is being sought relates to the physical

or mental health of the data subject and the application of that section is

likely to cause serious harm to the physical or mental health of the data

subject or of, any other person.

(2) The Prime Minister may, by notice in the Gazette or by regulations, waive

the obligations imposed under section 41, on a public authority, voluntary

organisations and any other similar body as may be prescribed, where

such public authority, voluntary organisation or other body carries out

social work in relation to a data subject or any other individual, and the

application of that section is likely to prejudice the carrying out of the

social work.

48. Regulatory activities

The processing of personal data for the purpose of discharging any of the

relevant functions -

(a) designed for protecting members of the public against -

(i) financial loss due to dishonesty, malpractice or other

serious improper conduct, or by the unfitness or

incompetence of, persons concerned in the provision of

banking, insurance, investment or other financial services

or in the management of bodies corporate;

(ii) financial loss due to the conduct of discharged or

undischarged bankrupts; or

(iii) dishonesty, malpractice or other seriously improper

conduct by, or the unfitness or incompetence of, persons

authorised to carry on any profession or other activity;

(b) conferred on the Bank of Mauritius, the Financial Services

Commission and the Financial Intelligence Unit, by or under any

enactment;

charitable work against misconduct or mismanagement in their

administration;

(d) for protecting the property of charitable trusts and other bodies

specified in paragraph (c) from loss or misapplication;

(e) for the recovery of the property of charitable trusts and other

bodies specified in paragraph (c);

(f) for securing the health, safety and welfare of persons at work;

(g) for protecting persons other than persons at work against risk to

health or safety arising out of or in connection with the actions of

persons at work; or

(h) designed for –

(i) protecting members of the public against conduct which

adversely affect their interests by persons carrying on a

business;

(ii) regulating agreements or conduct which have as their

object or effect the prevention, restriction or distortion of

competition in connection with any commercial activity; or

(iii) regulating conduct on the part of one or more undertakings

which amounts to the abuse of a dominant position in a

market,

shall be exempt from the application of sections 23 to 26 to the extent that

such an application would be likely to prejudice the proper discharge of

such functions.

49. Journalism, literature and art

(1) The processing of personal data for journalistic, literary and artistic

purposes shall be exempt from the provisions specified in subsection (2)

where -

(a) such processing is undertaken with a view to the publication of

any journalistic, literary or artistic material;

(b) the data controller involved in such processing reasonably

believes that the publication would be in the public interest; and

such provisions would be incompatible with such purposes.

(2) For the purposes of subsection (1), the processing of personal data shall

be exempt from -

(a) the Second, Third, Fifth and Eighth data protection principles;

(b) sections 23 to 27 and 32; and

50. Research, history and statistics

(1) Subject to subsections (2), (4), and (5), personal data which are

processed only for research, historical or statistical purposes shall be

exempt from the Fifth data protection principle.

(2) The exemption provided for under subsection (1) shall not be applicable

where -

(a) such personal data are not processed to support measures or

decisions with respect to particular individuals; and

(b) such personal data are not processed in such a way that such

processing would substantially damage or substantially distress

any data subject or will likely cause such damage or distress.

(3) For the purposes of -

(a) the Second data protection principle; and

(b) sections 23 and 27,

further processing of personal data only for research, historical or

statistical purposes shall not be regarded as incompatible with the

purposes for which such data was obtained provided that the conditions

under subsection (2) are satisfied.

(4) The personal data processed for the purposes specified in subsection (1)

shall also be exempt from the provisions of Part VI where -

(a) the conditions under subsection (2)(a) and (b) are satisfied; and

(b) the results of the research or any resulting statistics are not made

available in a form which identifies any of the data subjects

concerned.

51. Information available to the public under an enactment

Where personal data consists of information which the data controller is obliged

under an enactment to make available to the public, such data shall be exempt

from -

(a) the Second, Third, Fourth, Fifth and Eighth data protection

principles;

(b) sections 23 to 29; and

52. Disclosure required by law or in connection with legal proceedings

Personal data are exempt from –

(a) the Second, Third, Fourth and Fifth data protection principles;

(b) sections 23 to 29; and

where –

(i) the disclosure of such data is required under any

enactment or by a Court order;

(ii) the disclosure of such data is necessary for the purpose of,

or in connection with, any on-going or prospective legal

proceedings;

(iii) the disclosure of such data is necessary for the purpose of

obtaining legal advice; or

(iv) the disclosure is otherwise necessary for the purpose of

establishing, exercising or defending legal rights.

53. Legal professional privilege

Personal data are exempt from –

(a) the Second, Third, Fourth and Fifth data protection principles; and

(b) section 23,

where the data consist of information in respect of which a claim to legal

professional privilege or confidentiality as between client and legal practitioner

could be maintained in legal proceedings, including prospective legal

proceedings.

54. Domestic purposes

Personal data processed by an individual are exempt from -

(a) the data protection principles; and

(b) Part V and Part VI,

where such processing is only for the purposes of that individual’s personal,

family or household affairs or for recreational purposes.

PART VIIl - MISCELLANEOUS

55. Annual report

(1) The Commissioner shall, not later than 3 months after the end of every

calendar year, lay an annual report of the activities of the office before the

National Assembly.

(2) Without limiting the generality of subsection (1), the report shall include –

(a) a statement about the operation of approved and issued codes of

practice;

(b) any recommendations that the Commissioner thinks fit relating to

the compliance with this Act, and in particular the data protection

principles.

(3) The period starting from the commencement of this Act to the end of the

year of such commencement shall be deemed to be the first calendar

year.

56. Codes and guidelines

(1) The Commissioner may, for the purposes of this Act or any regulations

made under this Act, issue or approve codes of practice, or issue

guidelines.

(2) Before issuing or approving any code of practice, or issuing any

guidelines, the Commissioner may consult such person or authority as he

thinks fit.

(3) Any code of practice –

(a) may be varied or revoked;

(b) shall, where the code is approved under subsection (1), come into

operation on a day specified by the Commissioner.

(4) The Commissioner shall keep a register of approved codes and

guidelines which shall be available for public inspection.

(5) The Commissioner may, on payment of such fee as may be prescribed,

provide copies of, or extracts from, the register specified in subsection

(4).

57. Service of notice

(1) Any notice served by the Commissioner on an individual under this Act

may be served by -

(a) delivering it to him;

(b) sending it to him by registered post addressed to him at his usual

or last known place of residence or business.

(2) Any notice served by the Commissioner on a body corporate under this

Act may be served by -

(a) sending it by post to the registered office of the body; or

(b) addressing it to and leaving it at the registered office of the body.

(3) Any notice served by the Commissioner on an unincorporated body of

persons under this Act may be served by -

(a) sending it by post to the place where it ordinarily carries out its

activities; or

(b) by addressing it to and leaving it at the place where it ordinarily

carries out its activities.

58. Right of appeal

Any person aggrieved by a decision of the Commissioner in respect of the

performance of his duties and powers under this Act shall have a right of appeal

within 21 days from the date when the decision is made known to that person to

the Tribunal.

59. Special jurisdiction of Tribunal

(1) Subject to subsections (2) and (3), the Tribunal shall hear and dispose of

any appeal under this Act.

(2) Sections 40 to 44 of the Information and Communication Technologies

Act 2001 shall, as far as appropriate, apply to an appeal made under this

Act and to such decision as may be reached by the Tribunal on appeal

under this Act.

(3) Sections 39 and 42(5) of the Information and Communication

Technologies Act 2001 shall not apply to an appeal under this Act.

(4) Subject to subsection (5), every appeal under section 59 shall be in such

form and be accompanied by such fees as may be prescribed.

(5) The Tribunal may entertain an appeal after the expiry of the period of 21

days where it is satisfied that there was sufficient cause for not lodging

the appeal within that period.

(6) The Tribunal may, after giving the parties to the appeal an opportunity of

being heard, pass such orders as it thinks fit, confirming, varying or

setting aside the decision appealed against.

(7) The Tribunal shall send a copy of every order made by it to the parties to

the appeal.

(8) Any appeal lodged with the Tribunal under this Act, shall be dealt with by it

as expeditiously as possible and the Tribunal shall endeavour to dispose

of the appeal within 6 weeks from the date the appeal was lodged.

(9) Any person who does not comply with an order issued by the Tribunal

under subsection (6), shall commit an offence.

60. Immunity

(1) Notwithstanding the Public Officers’ Protection Act, where any action has

been entered before a Court pursuant to any act done by any authorised

officer in the execution of his duties under this Act or any regulations

made under it, and it appears to the Court that there was reasonable

cause to do such act, the Court shall so declare and thereafter the

authorised officer shall be immune from all proceedings, whether civil or

criminal, on account of such act.

(2) No liability, civil or criminal shall attach to the Commissioner in respect of

any act which he may have done or omitted to do in good faith in the

execution or purported execution of his duties or powers under this Act or

regulations made under it.

61. Offences and penalties

(1) Any person who contravenes this Act shall commit an offence.

(2) Where no specific penalty is provided for an offence, the person shall, on

conviction, be liable to a fine not exceeding 200,000 rupees and to

imprisonment for a term not exceeding 5 years.

62. Forfeiture

In addition to any penalty the Court may -

(a) order the forfeiture of any equipment or any article used or connected in

any way with the commission an offence;

(b) order or prohibit the doing of any act to stop a continuing contravention.

63. Prosecution and jurisdiction

(1) An authorised officer may swear an information in respect of any offence

under this Act or any regulations made under this Act before a Magistrate.

(2) Notwithstanding any other enactment, the Intermediate Court shall have

jurisdiction to try an offence under this Act or any regulations made under

this Act.

(3) No prosecution shall be instituted under this Act except by, or with the

consent, of the Director of Public Prosecutions.

64. Consequential amendments

(1) The Criminal Code is amended by repealing section 300A.

(2) The Information and Communication Technologies Act 2001 is amended

–

(a) in section 2, by deleting the definitions of “code of practice” and

“personal data”;

(b) by repealing section 33;

(3) The National Computer Board Act is amended –

(a) In section 2, by deleting the definitions of “computer service

person”, “data”, “data user”, and “personal data”;

(b) in section 4, by deleting paragraph (d); and

65. Regulations

(1) The Prime Minister may, after consultation with the Commissioner, make

such regulations as he thinks fit for this Act.

(2) Any regulations made under subsection (1) may provide -

(a) for the requirements which are imposed on the data controller

when processing data;

(b) for the contents a notification or application to a data controller

should contain;

such information shall be provided;

(d) for the levying of fees and taking of charges;

(e) for the issuing, approval of codes and guidelines;

(f) that any person who contravenes them shall commit an offence

and shall, on conviction, be liable to a fine not exceeding 100,000

rupees and to imprisonment for a term not exceeding 2 years.

(3) The Prime Minister may, by regulations, amend the Schedules.

66. Commencement

(1) Subject to subsection (2), this Act shall come into operation on a date to

be fixed by Proclamation.

(2) Different dates may be fixed for the coming into operation of different

sections of this Act.

Passed by the National Assembly on the first day of June two thousand and four.

André Pompon

Clerk of the National Assembly

FIRST SCHEDULE (section 2, 15 and 31)

DATA PROTECTION PRINCIPLES

First principle

Personal data shall be processed fairly and lawfully.

Second principle

Personal data shall be obtained only for any specified and lawful purpose,

and shall not be further processed in any manner incompatible with that

purpose.

Third principle

Personal data shall be adequate, relevant and not excessive in relation to

the purpose for which they are processed.

Fourth principle

Personal data shall be accurate and, where necessary, kept up to date.

Fifth principle

Personal data processed for any purpose shall not be kept longer than is

necessary for that purpose or those purposes.

Sixth principle

Personal data shall be processed in accordance with the rights of the

data subjects under this Act.

Seventh principle

Appropriate security and organisational measures shall be taken against

unauthorised or unlawful processing of personal data and against

accidental loss or destruction of, or damage to, personal data.

Eighth principle

Personal data shall not be transferred to a third country, unless that

country ensures an adequate level of protection for the rights of data

subjects in relation to the processing of personal data.

SECOND SCHEDULE (section 6)

I, …………………………………………………………make oath/solemnly affirm/

declare that I will faithfully and honestly fulfill my duties as authorised

officer/Commissioner in conformity with the Data Protection Act 2004 and that I shall not

without the due authority in that behalf disclose or make known any matter or thing

which comes to my knowledge by reason of my duties as such.

District Magistrate

Port Louis

Data Protection Act 2004, Mauritius

Available Materials