Registration in Seychelles
A person shall not hold personal data unless an entry in respect of that person as a data user, or as a data user who also carries on a computer bureau, is for the time being contained in the register of data users maintained by the Data Protection Commissioner.
The particulars to be entered into the data register are as follows:
- the name and address of the data user
- a description of the personal data to be held by it and of the purpose or purposes for which the data is to be held or used
- a description of every source from which it intends or may wish to obtain the data or the information to be contained in the data
- a description of every person to whom it intends or may wish to disclose the data (otherwise than in cases of exemptions from non-disclosure as set out in the Act)
- the name of every country outside Seychelles to which it intends or may wish directly or indirectly to transfer the data, and
- one or more addresses for the receipt of requests from data subjects for access to the data.
A person applying for registration shall state whether he wishes to be registered as a data user, as a person carrying on a computer bureau or as a data user who also carries on a computer bureau, and shall furnish the Data Protection Commissioner with the particulars required to be included in the entry to be made in pursuance of the application. Where a person intends to hold personal data for two or more purposes he may make separate applications for registration in respect of any of those purposes.
A registered person may at any time apply to the Data Protection Commissioner for the alteration of any entries relating to that person. Where the alteration would consist of the addition of a purpose for which personal data are to be held, the person may make a fresh application for registration in respect of the additional purpose.
The Data Protection Commissioner shall, as soon as practicable and in any case within the period of 6 months after receiving an application for registration or for the alteration of registered particulars, notify the applicant in writing whether his application has been accepted or refused. Where the Commissioner notifies an applicant that his application has been accepted, the notification must state the particulars which are to be entered in the register, or the alteration which is to be made, as well as the date on which the particulars were entered or the alteration was made.
No entry shall be retained in the register after the expiration of the initial period of registration except in pursuance of a renewal application made to the Data Protection Commissioner. The initial period of registration and the period for which an entry is to be retained in pursuance of a renewal application ('the renewal period') shall be a period 5 years beginning with the date on which the entry in question was made or, as the case may be, the date on which that entry would fall to be removed if the application had not been made.
The person making an application for registration or a renewal application may in his application specify as the initial period of registration or, as the case may be, as the renewal period, a period shorter than five years, being a period consisting of one or more complete years.
