Law / Seychelles

Data Protection Act, 2023, records of processing activities and logs of processing operations

Data Protection Act, 2023 (Act 24 of 2023), ss. 37-38 (records of processing activities and logging)

In force since .

A comprehensive regime rule binding public and private bodies.

Audit expectation
on_request
Who audits it
Regulator
Where the report goes
Produced on request

As of .

What it requires

  • Maintain a record of all your processing activities and keep logs of all processing operations, with the justification, date and time of each consultation and disclosure and the people involved, and make both available to the Commission on request.

These lines are LexLint's reading of the law's text, as of .

What it makes you log

Who may demand the log

Regulator

What the log must hold

Event time, Actor identity, Access record, Decision basis

Logging duty

Section 37 requires a record of processing activities, held by each controller and each processor and available to the Commission on request; its contents (contact details, purposes, categories, recipients, transfers, legal basis, time limits and security measures) are not log-content values. Section 38 requires logs of all processing operations: logs of consultation and of disclosure record the justification, date and time and, as far as possible, the persons involved, and may be used only for the purposes subsection (4) lists (verifying lawfulness, self-monitoring, integrity and security, and criminal proceedings); they are available to the Commission on request. Neither section states a retention period. Neither section states a territorial test, so the hook is empty.

Kind
Explicit
As of
Provision
Data Protection Act, 2023, ss. 37 and 38
Trigger
personal_data_processing

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Section 37 requires each data controller to maintain a record of all processing activities for which it is responsible. Each data processor must maintain a record of all processing activities carried out on behalf of a data controller. The controller and the processor must make the record available to the Commission upon request. Section 38 requires a controller, or a processor acting on its behalf, to keep logs for all processing operations.

The logs of consultation must make it possible to establish the justification for, and the date and time of, the consultation and, as far as possible, the identity of the person who consulted the data, and the logs of disclosure must make it possible to establish the justification for, and the date and time of, the disclosure and, as far as possible, the identity of the person who disclosed the data and of the recipients.

The logs may be used only for the purposes section 38(4) lists, the first of which is to verify the lawfulness of processing. The controller or processor must make the logs available to the Commission upon request.

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