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Section 41: Access to personal data

Data Protection Act · PART VI: RIGHTS OF DATA SUBJECTS

repealed (no longer in force). juris shows the text as it was consolidated; it does not confirm that this is the law in force today. The records juris holds show this law as repealed.

41. Access to personal data (1) Subject to section 42, a data controller shall, on the written request of a data subject or a relevant person— (a) inform the data subject or the relevant person— (i) whether the data kept by him include personal data relating to the data subject; (ii) of the purposes for which the data are being or are to be processed; continued on page D3 – 23 D3 – 22 (1) [Issue 3] Revised Laws of Mauritius (iii) of the recipients or classes of recipients to whom they are or may be disclosed; and (b) supply the data subject or the relevant person with a copy of any data referred to in paragraph (a) on payment of the prescribed fee. (2) A request under subsection (1) (a) and (b) shall be treated as a single request. (3) Where any data referred to in subsection (1) is expressed in terms that are not intelligible without explanation, the data controller shall supply the information with an explanation of those terms. (4) A fee paid by any person to a data controller under this section shall be returned to him where a request under subsection (1) is not complied with. (5) The information to be supplied pursuant to a request under this section shall be supplied by reference to any personal data at the time when the request is received, except that it may take account of any amendment or deletion made between that time and the time when the information is supplied, being an amendment or deletion that would have been made regardless of the receipt of the request. (S. 41 came into operation on 16 February 2009.)

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