[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
655
ACT
(2) When designing systems involving processing of personal data,
the data controller shall do so in a manner that enables the data subject to
exercise data portability rights.
(3) The Commission shall provide guidance related to the scope of
personal data to be requested by the data subject, the security measures
required to the infrastructure enabling the data portability and
interoperability of formats.
(4) The Commission shall in addition approve the consent
mechanism and features for data portability scenarios.
Right to compensation
32.(1) Any person who suffers material or non-material damage as a
result of a contravention of this Act has a right to compensation from the data
controller or data processor for the damage suffered.
(2) A data controller who is involved in processing shall be liable for
the damage caused by processing which contravenes this Act, but a data
processor shall be liable for the damage caused by processing where the data
processor has not complied with the obligations of this Act specifically
directed to data processors or where the data processor has acted outside or
contrary to lawful instructions of the data controller.
(3) A data controller or data processor shall be exempt from liability
under subsection (2) if it proves that it is not in any way responsible for the
event giving rise to the damage.
(4) Where more than one data controller or data processor, or both a
data controller and a data processor are involved in the same processing, and
where they are under subsections (2) and (3) responsible for any damage
caused by processing, each data controller or data processor shall be liable
for the entire damage and compensation to the data subject.
(5) Where a data controller or data processor has, in accordance with
subsection (4) paid compensation for damage suffered by a data subject, that
data controller or data processor shall be entitled to claim from the other data
controllers or data processors involved in the same processing, that portion
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