Section 2: Interpretation

2. Interpretation In this Act— “adverse action”, in relation to a data subject, means any action that may adversely affect the person’s rights, benefits, privileges, obligations or interests; “authorised officer” means an officer to whom the Commissioner has delegated his powers under section 9; “blocking”, in relation to personal data, means suspending the modification of data, or suspending or restricting the provision of information to a third party where such provision is suspended or restricted in accordance with this Act; “collect” does not include receipt of unsolicited information; “Commissioner” means the Data Protection Commissioner referred to in section 4; “computer” means any device for storing and processing information, whether or not the information is derived from other information by calculation, comparison or otherwise; “consent” means any freely given specific and informed indication of the wishes of the data subject by which he signifies his agreement to personal data relating to him being processed; [Issue 5] D3 – 2 Revised Laws of Mauritius “data” means information in a form which— (a) (i) is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose; and (ii) is recorded with the intent of it being processed by such equipment; or (b) is recorded as part of a relevant filing system or intended to be part of a relevant filing system; “data controller” means a person who, either alone or jointly with any other person, makes a decision with regard to the purposes for which and in the manner in which any personal data are, or are to be, processed; “data matching procedure” means any procedure, whether manually or by means of any electronic or other device, whereby personal data collected for one or more purposes in respect of 10 or more data subjects are compared with personal data collected for any other purpose in respect of those data subjects where the comparison— (a) is for the purpose of producing or verifying data that; or (b) produces or verifies data in respect of which it is reasonable to believe that it is practicable that the data, may be used, whether immediately or at any subsequent time, for the purpose of taking any adverse action against any of those data subjects; “data processor” means a person, other than an employee of the data controller, who processes the data on behalf of the data controller; “Data Protection Principles” means the Data Protection Principles specified in the First Schedule; “data subject” means a living individual who is the subject of personal data; “direct marketing” means the communication of any advertising or marketing material which is directed to any particular individual; “document” includes— (a) a disc, tape or any other device in which the data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and (b) a film, tape or other device in which visual images are embodied as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device; “inaccurate”, in relation to personal data, means incorrect, misleading, incomplete or obsolete; “individual” means a living individual; D3 – 3 [Issue 2] Data Protection Act “information and communication network” means a network for the transmission of messages and includes a telecommunication network; “infor a film, tape or other device in which visual images are embodied as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device; “inaccurate”, in relation to personal data, means incorrect, misleading, incomplete or obsolete; “individual” means a living individual; D3 – 3 [Issue 2] Data Protection Act “information and communication network” means a network for the transmission of messages and includes a telecommunication network; “information and communication technologies”— (a) means technologies employed in collecting, storing, using or sending out information; and (b) includes those involving the use of computers or any telecommunication system; “network” means a communication transmission system that provides interconnection among a number of local and remote devices; “Office” means the Data Protection Office established under section 4; “personal data” means— (a) data which relate to an individual who can be identified from those data; or (b) data or other information, including an opinion forming part of a database, whether or not recorded in a material form, about an individual whose identity is apparent or can reasonably be ascertained from the data, information or opinion; “proceedings”— (a) means any proceedings conducted by or under the supervision of a Judge, Magistrate or judicial officer; and (b) includes— (i) any inquiry or investigation into a criminal offence; and (ii) any disciplinary proceedings; “processing” means any operation or set of operations which is performed on the data wholly or partly by automatic means, or otherwise than by automatic means, and includes— (a) collecting, organising or altering the data; (b) retrieving, consulting, using, storing or adapting the data; (c) disclosing the data by transmitting, disseminating or otherwise making it available; or (d) aligning, combining, blocking, erasing or destroying the data; “register” means the register referred to in section 33; “relevant filing system” means a structured set of information relating to individuals that, although it is not in a form capable of being processed automatically, is structured, either by reference to any individual or by reference to criteria relating to the individual, in such a way that the structure allows ready accessibility to information relating to that individual; [Issue 2] D3 – 4 Revised Laws of Mauritius “relevant function” means— (a) any function conferred on any person by or under any enactment; (b) any function of any Minister; or (c) any other function which is of a public nature and is exercised in the public interest; “relevant person”, in relation to a data subject, means— (a) where the data subject is a minor, a person who has parental authority over the minor or has been appointed as his guardian by the Court; (b) where the data subject is physically and mentally unfit, a person who has been appointed as his guardian by the Court; (c) in any other case, a person duly authorised in writing by the data subject to make a request under sections 41 and 44; “sensitive personal data” means personal information concerning a data subject and consisting of information as to— (a) his racial or ethnic origin; (b) his political opinion or adherence; (c) his religious belief or other belief of a similar nature; (d) his membership of a trade union; (e) his physical or mental health; (f) his sexual preferences or practices; (g) the commission or alleged commission of duly authorised in writing by the data subject to make a request under sections 41 and 44; “sensitive personal data” means personal information concerning a data subject and consisting of information as to— (a) his racial or ethnic origin; (b) his political opinion or adherence; (c) his religious belief or other belief of a similar nature; (d) his membership of a trade union; (e) his physical or mental health; (f) his sexual preferences or practices; (g) the commission or alleged commission of an offence by him; or (h) any proceedings for an offence committed or alleged to have been committed by him, the disposal of such proceedings or the sentence of any Court in such proceedings; “telecommunication network” means a system, or a series of systems, operating within such boundaries as may be prescribed, for the transmission or reception of messages by means of guided or unguided electromagnetic energy or both; “third party”, in relation to personal data, means any person other than— (a) the data subject; (b) a relevant person in the case of a data subject; (c) the data controller; or (d) a person authorised in writing by the data controller to collect, hold, process or use the data— (i) under the direct control of the data controller; or (ii) on behalf of the data controller; D3 – 5 [Issue 5] Data Protection Act “traffic data” means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service; “Tribunal” means the ICT Appeal Tribunal set up under section 36 of the Information and Communication Technologies Act; “underlying service” means the type of service that is used within the computer system; “use”, in relation to personal data, includes disclose or transfer the data. [S. 2 amended by s. 2 (a) of Act 1 of 2009 w.e.f. 22 May 2009.] (S. 2 came into operation on 27 December 2004.)