Data protection principles (Section 3)
Part I – The principles
Personal data held by data users
1.The information to be contained in personal data shall be obtained, and personal data shall be processed, fairly and lawfully.2.Personal data shall be held only for one or more specified and lawful purposes.3.Personal data held for any purpose or purposes shall not be used or disclosed in any manner incompatible with that purpose or those purposes.4.Personal data held for any purpose or purposes shall be adequate, relevant and not excessive in relation to that purpose or those purposes.5.Personal data shall be accurate and, where necessary, kept up to date.6.Personal data held for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.7.An individual shall be entitled—(a)at reasonable intervals and without undue delay or expense—(i)to be informed by any data user whether he holds personal data of which that individual is the subject; and(ii)to access to any such data held by a data user; and(b)where appropriate, to have such data corrected or erased.
Personal data held by data users or in respect of which servicesare provided by persons carrying on computer bureau
8.Appropriate security measures shall be taken against unauthorised access to, or alteration, disclosure or destruction of, personal data and against accidental loss or destruction of personal data.
Part II – Interpretation
The first principle
1.(1)Subject to subparagraph (2), in determining whether information was obtained fairly regard shall be had to the method by which it was obtained, including in particular whether any person from whom it was obtained was deceived or misled as to the purpose or purposes for which it is to be held, used or disclosed.(2)Information shall in any event be treated as obtained fairly if itis obtained from a person who—(a)is authorised by or under any enactment to supply it; or(b)is required to supply it by or under any enactment or by any convention or other instrument imposing an international obligation on the Republic of Seychelles; and in determining whether information was obtained fairly there shall be disregarded any disclosure of the information which is authorised or required by or under any enactment or required by any such convention or other instrument as aforesaid.
The second principle
Personal data shall not be treated as held for a specified purpose unless that purpose is described in particulars registered under this Act in relation to the data.Personal data shall not be treated as used or disclosed in contravention of this principle unless—(a)used otherwise than for a purpose of a description registered under this Act in relation to the data; or(b)disclosed otherwise than to a person of a description so registered.
The fifth principle
4.Any question whether or not personal data are accurate shall be determined as for the purposes of section 29 but, in the case of such data as are mentioned in subsection (2) of that section, this principle shall not be regarded as having been contravened by reason of any inaccuracy in the information there mentioned if the requirements specified in that subsection have been complied with.The fourth and sixth principles have not been interpreted.
The seventh principle
5.(1)Paragraph (a) of this principle shall not be construed as conferring any rights inconsistent with section 28.(2)In determining whether access to personal data is sought at reasonable intervals regard shall be had to the nature of the data, the purpose for which the data are held and the frequency with which the data are altered.(3)The correction or erasure of personal data is appropriate only, where necessary for ensuring compliance with the other data protection principles.
The eighth principle
6.Regard shall be had—(a)to the nature of the personal data and the harm that would result from such access, alteration, disclosure, loss or destruction as are mentioned in this principle; and(b)to the place where the personal data are stored, to security measures programmed into the relevant equipment and to measures taken for ensuring the reliability of staff having access to the data.
Use for historical, statistical or research purposes
7.Where personal data are held for historical, statistical or research purposes and not used in such a way that damage is, or is likely to be, caused to any data subject—(a)the information contained in the data shall not be regarded for the purposes of the first principle as obtained unfairly by reason only that its use for any such purpose was not disclosed when it was obtained; and(b)the data may, notwithstanding the sixth principle, be kept indefinitely.