Data Protection Bill Submitted to Seychelles National Assembly for Approval

143

A crucial Data Protection bill aimed at safeguarding the personal information of Seychellois citizens is currently under consideration by the National Assembly. Vice President Ahmed Afif presented the bill on Monday, emphasizing the constitutional right to privacy outlined in Article 20 and the necessity for supplementary laws to regulate the protection of personal data.

Afif underscored the pervasive nature of personal data usage in daily life, necessitating robust legal frameworks to govern its handling by individuals and entities alike. The proposed bill seeks to replace the outdated Data Protection Act of 2003, which never came into effect due to its limitations, notably in addressing cross-border data transfers and establishing data protection officers.

The new bill aligns with international standards and introduces provisions for data protection officers, reflecting evolving global practices. Afif emphasized the imperative of upholding citizens’ rights and preventing unauthorized access to personal information.

The bill defines “personal information” broadly, encompassing data elements facilitating individual identification, such as names, national identity numbers, and residential addresses. It also delineates “processing,” encompassing all stages of personal data handling from collection to destruction.

Afif outlined the key roles defined in the bill: data subjects (individuals providing personal information), data controllers (entities collecting and determining data usage), and data processors (entities manipulating data). Stringent conditions govern data processing, including obtaining consent and adherence to legal requirements.

Importantly, the bill prohibits the unauthorized use of personal data for personal gain or national security purposes, except in criminal investigations. The Information Commission of Seychelles will oversee enforcement, empowered to issue fines for non-compliance. Individuals or entities contesting Commission decisions can appeal to the Court of Appeal within 21 days.

The bill also enshrines data subjects’ rights, including the right to be informed about data usage, duration, and the obligation of data controllers to furnish relevant information for exercising these rights.

In summary, the Data Protection bill represents a significant stride towards enhancing data privacy rights and aligning Seychelles’ regulatory framework with global standards, fostering greater trust and accountability in personal data management practices.