[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
665
ACT
(3) Where the data controller is required to consult the Commission
under subsection (2), the data controller shall give the Commission the data
protection impact assessment prepared under section 41, and any other
information requested by the Commission to enable the Commission to make
an assessment of the compliance of the processing with the requirements of
this Part.
(4) Where the Commission is of the opinion that the intended
processing referred to in subsection (1) would infringe upon a provision of
this Part, the Commission shall leverage the powers conferred by this Act,
and shall provide written advice to the data controller and, where the data
controller is using a data processor, to the data processor.
(5) The written advice provided under subsection (4) shall be made
before the end of a period of 6 weeks beginning with the receipt of the
request for consultation by the data controller or the data processor.
(6) The Commission may extend the period of 6 weeks under
subsection (5) by a further period of 1 month, taking into account the
complexity of the intended processing.
(7) If the Commission extends the period under subsection (6), the
Commission shall inform the data controller and, where applicable, the data
processor, of any such extension before the end of the period of 1 month
beginning with the receipt of the request for consultation, and provide
reasons for the delay.
Security of processing
42.(1) The data controller and data processor shall implement
appropriate technical and organizational measures to ensure a level of
security appropriate to the risks arising from the processing of personal data,
including —
(a)
the pseudonymization and encryption of personal data;
(b)
the ability to ensure the ongoing confidentiality, integrity,
availability and resilience of processing systems and
services;
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