[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
668
ACT
Communication of a personal data breach to the data subject
44.(1) Where a data breach is likely to affect a significant number of
individuals and their rights and freedoms, the data controller shall promptly
inform the data subject of the breach.
(2) The information given to the data subject under subsection (1)
shall include —
(a)
a description of the nature of the breach;
(b)
the name and contact details of the data protection officer
or other contact point from whom more information may
be obtained;
(c)
a description of the likely consequences of the personal
data breach;
(d)
a description of the measures taken or proposed to be taken
by the data controller to address the personal data breach,
including, where appropriate, measures to mitigate its
possible adverse effects.
(3) The duty under subsection (1) does not apply where —
(a)
the data controller has implemented appropriate
technological and organisational protection measures
which were applied to the personal data affected by the
breach;
(b)
the data controller has taken subsequent measures which
ensure that the risk to the rights and freedoms of the data
subject referred to in subsection (1) is no longer likely to
materialise; or
(c)
it would involve a disproportionate effort and the data
controller has made a public communication or taken a
similar measure where the data subject is informed in an
equally effective manner.
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