[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
639
ACT
(b)
specify the measures that shall be taken to remedy or
eliminate the situation that may cause the contravention to
arise;
(c)
specify a period which shall not be less than 21 days within
which those measures shall be implemented; and
(d)
state that a right of appeal against the enforcement notice is
available under section 13, and if such appeal is brought,
such measure need not be taken pending the determination
or withdrawal of the appeal.
(3)
If by reason of special circumstances the Commission considers
that the steps required by an enforcement notice should be taken as a matter
of urgency, the Commission may include a statement to that effect in the
notice, and, in that event, subsection (2) (c) shall not apply.
(4)
On complying with an enforcement notice, the relevant data
controller or data processor, shall, not later than 21 days after 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 notice and ending immediately before
compliance, of any amendment.
(5)
The Commission may vary the notice and, where this is done,
the Commission shall give written notice to the person on whom the notice
was served.
(6)
The Commission may cancel an enforcement notice by written
notification to the person on whom it was served, providing the reasons for
the cancellation of the enforcement notice.
(7)
Any person who fails to comply with an enforcement notice
commits an offence and shall be liable on conviction to a fine not exceeding
level 5 on the Standard Scale.