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Section 35: Prior authorisation and consultation

Data Protection Act 2017 · PART V: PROCESSING OPERATIONS LIKELY TO PRESENT RISK

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35. Prior authorisation and consultation (1) Every controller or processor shall obtain authorisation from the Office prior to processing personal data in order to ensure compliance of the intended processing with this Act and in particular to mitigate the risks involved for the data subjects where a controller or processor cannot provide for the appropriate safeguards referred to in section 36 in relation to the transfer of personal data to another country. (2) The controller or processor shall consult the Office prior to processing personal data in order to ensure compliance of the intended processing with this Act and in particular to mitigate the risks involved for the data subjects where – (a) a data protection impact assessment as provided for in section 34 indicates that processing operations are by virtue of their nature, scope or purposes, likely to present a high risk; or (b) the Office considers it necessary to carry out a prior consultation on processing operations that are likely to present a high risk to the rights and freedoms of data subjects by virtue of their nature, scope or purposes. (3) Where the Office is of the opinion that the intended processing does not comply with this Act, in particular where risks are insufficiently identified or mitigated, it shall prohibit the intended processing and make appropriate proposals to remedy such non-compliance. (4) The Office shall make public a list of the processing operations which are subject to prior consultation in accordance with subsection (2)(b). 500 Acts 2017 Acts 2017 501 (5) The controller or processor shall provide the Office with the data protection impact assessment provided for in section 34 and, on request, with any other information, so as to allow the Office to make an assessment of the compliance of the processing and in particular of the risks for the protection of personal data of the data subject and of the related safeguards. PART VI – TRANSFER OF PERSONAL DATA OUTSIDE MAURITIUS

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