[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
671
ACT
(b)
the transfer is made between intra group schemes and the
headquarters is located outside Seychelles;
(c)
the data controller or data processor has informed the data
subjects about the location of the data processing and all
other relevant information as specified under section 27;
(d)
the transfer is necessary to protect vital interests of the data
subject.
(4) The Commission may, by regulations specify —
(a)
the circumstances under which a transfer of personal data
to another country or international organisation is to be
considered necessary to meet public interest reasons; and
(b)
restrictions to the transfer of a category of personal data to
another country or international organisation.
(5) The Commission may authorise the processing or transfer of
personal data to another country, provided that it is part of a cross border
privacy rules system that ensures —
(a)
cross-border rules system standards are legally enforceable
against the data controllers and data processors as part of
the certification system;
(b)
data controllers and data processors have implemented
security measures using a risk-based approach proportional
to the probability of the threat and severity of the harm, the
confidential nature of the information processed and the
number of data subjects affected.
(6) The Commission may prohibit the transfer of data under this
section as may be necessary in the public interest.
PART VIII - OFFENCES AND PENALTIES
Unlawful disclosure of personal data
48.(1)
A data controller who, without a lawful justification discloses
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