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Data Protection Office

Exemptions


National security

Crime and taxation 

Health and social work

Regulatory activities

Journalism, literature and art

Research, history and statistics

Information available to the public under an enactment

Disclosure required by law or in connection with legal proceedings

Legal professional privilege

Domestic purposes

 

National security

The processing of personal data is exempt from the DPA where, in the opinion of the Prime Minister, it is required for the purpose of safeguarding national security.

   Crime and taxationCrime and taxation

The processing of personal data for the purposes of

the prevention or detection of crime;

the apprehension or prosecution of offenders; or

the assessment or collection of any tax, duty or any imposition of a similar nature, is exempt from certain sections of the DPA.

 

 

Health and Social Work
A data controller does not have to provide information where the personal data to which access is being sought relates to the physical or mental health of the data subject and the disclosure of such information is likely to cause serious harm to the physical or mental health of the data subject or of, any other person.
Regulatory activities
The processing of personal data for the purpose of discharging any of the relevant functions -
 
a)

designed for protecting members of the public against -

i.

financial loss due to dishonesty, malpractice or other serious improper conduct, or by the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate;

ii.

financial loss due to the conduct of discharged or undischarged bankrupts; or

iii. dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity;
b)

conferred on the Bank of Mauritius, the Financial Services Commission and the Financial Intelligence Unit, by or under any enactment;

c)

for protecting charitable trusts and other bodies involved in charitable work against misconduct or mismanagement in their administration;

d)

for protecting the property of charitable trusts and other bodies involved in charitable work from loss or misapplication;

e)

for the recovery of the property of charitable trusts and other bodies involved in charitable work;

f)

for securing the health, safety and welfare of persons at work;

g)

for protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work; or

h) designed for –
i.

protecting members of the public against conduct which adversely affect their interests by persons carrying on a business;

ii.

regulating agreements or conduct which have as their object or effect the prevention, restriction or distortion of competition in connection with any commercial activity; or

iii. regulating conduct on the part of one or more undertakings which amounts to the abuse of a dominant position in a market,
shall be exempt from certain sections of the DPA to the extent that such an application would be likely to prejudice the proper discharge of such functions.
Journalism, literature and art
The processing of personal data for journalistic, literary and artistic purposes shall be exempt from certain sections of the DPA where -
a)

such processing is undertaken with a view to the publication of any journalistic, literary or artistic material;

b)

the data controller involved in such processing reasonably believes that the publication would be in the public interest; and

c) the data controller reasonably believes that compliance with any such provisions would be incompatible with such purposes.
Research, history and statistics
a)

Personal data which are processed only for research, historical or statistical purposes shall be exempt from certain sections of the DPA.

b)

The exemption shall not be applicable where -

(i)

such personal data are not processed to support measures or decisions with respect to particular individuals; and

(ii)

such personal data are not processed in such a way that such processing would substantially damage or substantially distress any data subject or will likely cause such damage or distress.

(iii) the results of the research or any resulting statistics are not made available in a form which identifies any of the data subjects concerned.
Information available to the public under an enactment
Where personal data consists of information which the data controller is obliged under an enactment to make available to the public, such data shall be exempt from certain sections of the DPA.
Disclosure required by law or in connection with legal proceedings
Personal data are exempt from certain sections of the DPA where –
a)

the disclosure of such data is required under any enactment or by a Court order;

b)

the disclosure of such data is necessary for the purpose of, or in connection with, any on-going or prospective legal proceedings;

c)

the disclosure of such data is necessary for the purpose of obtaining legal advice; or

d) the disclosure is otherwise necessary for the purpose of establishing, exercising or defending legal rights.
Legal professional privilege
Personal data are exempt from certain sections of the DPA where the data consist of information in respect of which a claim to legal professional privilege or confidentiality as between client and legal practitioner could be maintained in legal proceedings, including prospective legal proceedings.
Domestic purposes
Personal data processed by an individual are exempt from certain sections of the DPA where such processing is only for the purposes of that individual’s personal, family or household affairs or for recreational purposes.