[22nd December 2023]
REPUBLIC OF SEYCHELLES
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
669
ACT
(4) Where the data controller has not already communicated the
personal data breach to the data subject, the Commission may, after having
considered the likelihood of the personal data breach resulting in a high risk,
require it to do so.
Data protection officer
45.(1)
when —
The data controller shall designate a data protection officer
(a)
the core activities of the data controller or the data
processor consist of processing operations which, by virtue
of their nature, their scope or their purposes, require regular
and systematic monitoring of the data subjects on a large
scale; or
(b)
the core activities of the data controller or the data
processor consist of processing on a large scale of special
categories of data under Part IV.
(2) For other activities not falling under subsection (1), the data
controller may designate a data protection officer, who shall be subject to the
same regime as those data protection officers designated under subsection
(1).
(3) When designating a data protection officer, the data controller
shall have regard to the professional qualities of the proposed officer, in
particular the proposed officer’s expert knowledge of data protection law and
practice, and the ability of the proposed officer to perform the tasks under
section 47.
(4) For the avoidance of any doubt the same person may be
designated as a data protection officer by several data controllers, taking into
account their organisational structure and size.
Tasks of the data protection officer
46.(1) The data protection officer shall monitor compliance with the
data controller’s policies on the protection of personal data and monitor
compliance with this Act.
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