(6)
Every controller or processor referred to in subsection
(5)(b) shall nominate a representative established in Mauritius.
(7)
For the purpose of subsection (5)(a), any person who –
(a)
is ordinarily resident in Mauritius; or
(b)
carries out data processing operations through an
office, branch or agency in Mauritius,
shall be treated as being established in Mauritius.
PART II – DATA PROTECTION OFFICE
Sub-Part A – Establishment of Data Protection Office
4.
Establishment of Office
(1)
There shall, for the purposes of this Act, be a public
office to be known as the Data Protection Office.
(2)
In the discharge of its functions under this Act, the
Office shall act with complete independence and impartiality and
shall not be subject to the control or direction of any other person
or authority.
(3)
The head of the Office, who shall be known as the Data
Protection Commissioner, shall be a barrister of not less than 5
years’ standing.
(4)
The Commissioner shall be assisted by such public
officers as may be necessary.
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