Section 3: Application of Act
as enacted (not consolidated). juris shows this Act from a copy that is not the official consolidation, so it may not carry every amendment; the amendments juris holds are listed. It does not confirm that this is the law in force today.
3. Application of Act
(1) This Act shall bind the State.
(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) This Act shall apply to the processing of personal data, wholly
or partly, by automated means and to any processing otherwise than by
automated means where the personal data form part of a filing system or
are intended to form part of a filing system.
(4) This Act shall not apply to –
(a) the exchange of information between Ministries,
Government departments and public sector agencies
where such exchange is required on a need-to-know basis;
(b) the processing of personal data by an individual in the
course of a purely personal or household activity.
476 Acts 2017 Acts 2017 477
(5) Subject to section 44, this Act shall apply to a controller or
processor who –
(a) is established in Mauritius and processes personal data
in the context of that establishment; and
(b) is not established in Mauritius but uses equipment in
Mauritius for processing personal data, other than for
the purpose of transit through Mauritius.
(6) Every controller or processor referred to in subsection (5)(b)
shall nominate a representative established in Mauritius.
(7) For the purpose of subsection (5)(a), any person who –
(a) is ordinarily resident in Mauritius; or
(b) carries out data processing operations through an office,
branch or agency in Mauritius,
shall be treated as being established in Mauritius.
PART II – DATA PROTECTION OFFICE
Sub-Part A – Establishment of Data Protection Office