(2) For the purposes of this Act, each Ministry or Government department shall be treated as separate from any other Ministry or Government department. (3) Subject to Part VII, this Act shall apply to a data controller (a) who is established in Mauritius and processes data in the context of that establishment; and (b) who is not established in Mauritius but uses equipment in Mauritius for processing data, other than for the purpose of transit through Mauritius. (4) A data controller, falling within subsection (3)(b) shall nominate for the purposes of this Act, a representative established in Mauritius. (5) For the purposes of subsection (3)(a) any person who (a) is ordinarily resident in Mauritius; (b) carries out data processing activities through an office, branch or agency in Mauritius, shall be treated as being established in Mauritius. (6) Subject to the provisions of this Act, every data controller and data processor shall comply with the data protection principles. Amended by [Act No. 1 of 2009] PART II - DATA PROTECTION OFFICE 4. (1) Data Protection Office There is established for the purposes of this Act a Data Protection Office which shall be a public office. (2) The head of the office shall be known as the Data Protection Commissioner. (3) The Commissioner shall be a barrister with at least 5 years standing at the Bar.