[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
673
ACT
(2) In addition to any penalty referred to under subsection (1), the
court may —
(a)
order the forfeiture of any equipment or any article used or
connected in any way with the commission of the offence;
or
(b)
order or prohibit the doing of any act to stop a continuing
contravention.
General conditions for imposing administrative fines
51.(1) The Commission shall ensure that the imposition of
administrative fines for infringements of this Act shall, in each individual
case, be effective, proportionate and dissuasive.
(2) Administrative fines shall, depending on the circumstances of
each individual case, be imposed in addition to, or instead of, measures
under the corrective authority of the Commission.
(3) When deciding whether to impose an administrative fine and on
the amount of the fine in each individual case, the Commission will take into
account the following —
(a)
the nature, gravity and duration of the infringement, taking
into account the nature, scope or purpose of the processing
concerned as well as the number of data subjects affected
and the level of damage suffered by them;
(b)
the intentional or negligent character of the infringement;
(c)
any action taken by the data controller or data processor to
mitigate the damage suffered by the data subjects;
(d)
the degree of responsibility of the data controller or data
processor, taking into account the technical and
organisational measures implemented by them;
(e)
any relevant previous infringements by the data controller
or data processor;
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