Privacy Law at Seychelles
Seychelles has enacted the Data Protection Act, 2023, which came into force on December 22, 2023. This comprehensive legislation aims to safeguard personal data and privacy rights, aligning with global standards such as the EU's General Data Protection Regulation (GDPR).
Key Provisions of the Data Protection Act, 2023
1. Data Subject Rights
The Act grants individuals several rights concerning their personal data, includin:
Right to Access Individuals can request information about the personal data held about the.
Right to Rectification Individuals can request corrections to inaccurate or incomplete dat.
Right to Erasure Individuals can request the deletion of their personal data under certain condition.
Right to Restriction of Processing Individuals can request limitations on the processing of their dat.
Right to Data Portability Individuals can obtain and reuse their personal data across different service.
Right to Object Individuals can object to the processing of their personal dat.
2. Obligations of Data Controllers and Processors
Entities that process personal data mus:
Maintain Transparency Provide clear information about data processing activitie.
Implement Data Protection Measures Adopt appropriate technical and organizational measures to ensure data securit.
Conduct Data Protection Impact Assessments Carry out assessments for high-risk processing activitie.
Appoint Data Protection Officers Designate officers in certain organizations based on size and nature of data processin.
Report Data Breaches Notify the Information Commission and affected individuals promptly in case of a data breac.
3. Cross-Border Data Transfers
The Act regulates the transfer of personal data outside Seychelles, requirin:
Adequate Safeguards Ensure that the destination country provides an adequate level of data protectio
Regulatory Oversight Obtain authorization from the Information Commission for certain transfer.
4. Enforcement and Penalties
The Information Commission is responsible fo:
Monitoring Compliance Oversee adherence to the Act's provision.
Handling Complaints Address grievances from data subject.
Conducting Investigations Investigate potential violations of the Ac.
Imposing Penalties Enforce fines and other sanctions on non-compliant entitie Entities have an 18-month transitional period from December 22, 2023, to align their operations with the Act's requirements
⚠️ Exemptions
The Act does not apply t:
Personal or Household Activities data processing by individuals for personal or household purpose.
National Security and Criminal Investigations Processing by authorities in the course of criminal investigations or matters pertaining to national security
📌 Summary
Seychelles' Data Protection Act, 2023, establishes a robust legal framework for the protection of personal data, emphasizing transparency, accountability, and individuals' righs, With the Information Commission designated as the enforcement authority, the Act aims to ensure that data processing activities within Seychelles adhere to high standards of data protection.
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