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MCCI tax refund counter privacy policy and procedures

The Electronic Tax Refund System (hereafter the “System”) is owned by the Mauritius Chamber of Commerce and Industry Tax Refund Counter (hereafter “MCCI TRC”, “we”, “us”, or “our”) which operates at the SSR international airport for refund of duty and Value Added Tax paid on purchases and for the delivery of tax-free items. We need to collect personal data to effectively carry out our everyday functions and activities, and to provide the services in connection with tax refund. Such data is collected from System users such as visitors, departing citizens of Mauritius as well as shop operators and includes (but is not limited to), name, address, email address, date of birth, passport number. MCCI TRC has elected to conform with the European Union General Data Protection Regulation 2016 (hereafter the “GDPR”) and the Mauritius Data Protection Act 2017 (hereafter the “DPA”) for all processing of personal data despite the operational jurisdiction or residential jurisdiction of a data subject. MCCI TRC is committed to processing all personal information in accordance with the GDPR and the DPA and any other relevant data protection laws (herein collectively referred to as the “data protection laws”). MCCI TRC has put in place policies, procedures, controls and measures to ensure that the System complies with maximum and continued compliance with the data protection laws and principles, including staff training, procedure documents, and internal assessments. Ensuring and maintaining the security and confidentiality of personal data is one of our top priorities and we are proud to operate a ‘Privacy by Default and by Design’ approach, assessing changes and their impact from the start and designing appropriate processes to protect personal data processed using the System.


The purpose of this policy is to ensure that MCCI TRC meets its legal, statutory and regulatory requirements under the data protection laws, to ensure that all the personal data processing via the System is done compliantly and in the data subjects’ best interests.
The data protection laws include provisions that promote accountability and governance and as such MCCI TRC has put comprehensive and effective governance measures into place to meet these provisions. The aim of such measures is to ultimately minimise the risk of breaches and uphold the protection of personal data. This policy also serves as a reference document for employees and third parties on the responsibilities of handling and accessing personal data on the System and data subject requests.

This policy applies to all staff operating the System (meaning permanent and fixed term staff, any third-party representatives or sub-contractors, interns and agents engaged with MCCI TRC) and pertains to the processing of personal data. Adherence to this policy is mandatory and non-compliance could lead to disciplinary or other remedial action.

MCCI TRC ensures the safe, secure, ethical and transparent processing of all personal data held on the System and have stringent measures to enable data subjects to exercise their data protection rights. MCCI TRC has developed the below objectives so that the System meets data protection obligations and to ensure continued compliance with the regulatory requirements.

While operating the System, MCCI TRC ensures that: –

  • We protect the rights of individuals with regards to the processing of personal data;
  • We develop, implement and maintain a privacy policy, procedure and training program for compliance with the data protection laws and its principles;
  • Every process carried out is monitored for compliance with the data protection laws and its principles;
  • Data is only processed where we have met the lawfulness of processing requirements;
  • We have robust and documented complaint handling and data breach controls for identifying, investigating, reviewing and reporting any breaches or complaints with regards to data protection;
  • We have a Data Protection Committee and have appointed a Data Protection Administrator who takes responsibility for the overall supervision, implementation and ongoing compliance with the data protection laws and performs specific duties as set out in 6.5;
  • We provide clear lines of reporting and supervision with regards to data protection;
  • We store and destroy all personal data, in accordance with the data protection laws timeframes and requirements;
  • Any information provided to an individual in relation to personal data held or used about them, will be provided in a concise, transparent, intelligible and easily accessible form, using clear and plain language;
  • We maintain records of processing activities in accordance with the Article 30 of the GDPR requirements and Section 33 of the DPA; and
  • We have developed and documented appropriate technical and organisational measures and controls for personal data security.
  • controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by law, the controller or the specific criteria for its nomination may be provided for by law;

     

  • ‘data protection committee’ means The Data Protection Committee of MCCI TRC which consists of a designated Data Protection Administrator and representatives from different departments.

     

  • ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries;

     

  • ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

     

  • ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

     

  • ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

     

  • ‘processor’ means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller;

     

  • ‘recipient’ means a natural or legal person, public authority, agency or another body, to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;

     

  • ‘record owner’ means the person responsible for the management of all records containing personal data according to the records management principles;

     

  • ‘restriction of processing’ means the marking of stored personal data with the aim of limiting their processing in the future;

     

  • ‘supervisory authority’ means an independent public authority established to supervise compliance with Data Protection Laws. In Mauritius, it is the Data Protection Office;

     

  •  ‘third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data; 
Data Protection Background
The GDPR was approved by the European Commission in April 2016 and applies to all EU Member States as from 25th May 2018. As a ‘Regulation’ rather than a ‘Directive’, its rules apply directly to the Member States, replacing their existing local data protection laws and repealing and replacing Directive 95/46EC and its Member State implementing legislation.
The DPA was voted by the Mauritius Parliament in December 2017. The DPA is an accomplished effort to sustain and strengthen the control and personal autonomy of data subjects over their personal data. It has been designed to align with the key principles found in international laws namely the GDPR.

The data protection laws require that personal data shall be: –

  • processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’)
  • collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall, in accordance with Article 89(1) of the GDPR, not be considered to be incompatible with the initial purposes (‘purpose limitation’)

  • adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’)
  • accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’)
  • kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of the GDPR subject to implementation of the appropriate technical and organisational measures required by this Regulation in order to safeguard the rights and freedoms of the data subject (‘storage limitation’)
  • processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures
     (‘integrity and confidentiality’).

    Article 5(2) of the GDPR requires that ‘the controller shall be responsible for, and be able to demonstrate, compliance with the data protection laws principles’ (‘accountability’) and requires that organisations show how they comply with the principles, detailing and summarising the measures and controls that they have in place to protect personal information and mitigate the risks of processing.


Sections 14 & 15 of the DPA require the following:

  1. Subject to section 44, no person shall act as controller or processor unless he or it is registered with the Commissioner. 
  2. Application for registration

(1) Every person who intends to act as a controller or processor shall apply to the Commissioner, in such form as the Commissioner may approve, to be registered as controller or processor. 

(2) Every application under subsection (1) shall be accompanied by the following particulars regarding the applicant– 

(a) name and address; 

(b) if he or it has nominated a representative for the purposes of this Act, the name and address of the representative; 

(c) a description of the personal data to be processed by the controller or processor, and of the category of data subjects, to which the personal data relate;

 (d) a statement as to whether or not he or it holds, or is likely to hold, special categories of personal data; 

(e) a description of the purpose for which the personal data are to be processed; 

(f) a description of any recipient to whom the controller intends or may wish to disclose the personal data;

 (g)the name, or a description of, any country to which the proposed controller intends or may wish, directly or indirectly, to transfer the data; and 

(h) a general description of the risks, safeguards, security measures and mechanisms to ensure the protection of the personal data.

The Data Protection Office is a public office which acts with complete independence and impartiality and it is not subject to the control or direction of any other person or authority in the discharge of its functions. The head of the office is the Data Protection Commissioner.

MCCI TRC is registered with the Data Protection Office and appears on the Data Protection Office Register as a controller of personal data, bearing registration number: C450

Section 22(2)(e) of the DPA requires that every Controller of personal data in Mauritius shall appoint a Data Protection Officer who will be responsible for data protection compliance issues.

MCCI TRC has a Data Protection Committee (hereafter “DPC”) which consists of a designated Data Protection Administrator and key stakeholders involved in the operation of the System. The DPC shall be responsible for all GDPR and DPA related topics in the European and Mauritian jurisdictions

Contact details of members of the DPC can be found in Appendix 1. 

The DPC will be responsible to:

  • Inform and advise MCCI TRC and its employees about their obligation to comply with the DPA and other data protection laws while operating the System;

  • Monitor compliance with data protection laws and with the policies of the processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations on the System, and the related audits;

  • Provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35 of the GDPR;

  • Monitor compliance with the DPA, including managing internal data protection activities in relation to the System, advise on data protection impact assessments, train staff and conduct internal audits for the System;

  • Be the first point of contact for the Data Protection Office and for individuals whose data are processed by the System;

  • Liaise with data subjects and the Data Protection Office in relation to any alleged breaches of GDPR and the DPA;

  • Ensure that this Policy is regularly reviewed and updated as necessary;

  • Take decisions with regards to data protection issues.

Any questions on the GDPR and the DPA should be addressed to the DPC.

Governance Procedures

Due to the nature, scope, context and purposes of processing of data undertaken by MCCI TRC while using the System, we have implemented adequate and appropriate technical and organisational measures to ensure the collection and safeguarding of personal data on the System is compliant with the data protection laws that we have obligations under.

We can demonstrate that all processing activities in relation with the System are performed in accordance with the data protection laws and that we have in place robust policies, procedures, measures and controls for the protection of data. 

Our main governance objectives are to: –

  • Educate senior management and employees about the requirements under the data protection laws and the possible impact of non-compliance;

  • Provide a dedicated and effective data protection training program for all staff;

  • Identify key senior stakeholders to support the data protection compliance program;

  • Allocate responsibility for data protection compliance and ensure that the designated person has sufficient access, support and budget to perform the role; and

  • Identify, create and disseminate the reporting lines within the data protection governance structure.

The technical and organisational measures that MCCI TRC has in place to ensure and demonstrate compliance with the data protection laws, regulations and codes of conduct, are detailed in this document and associated policies. 

We operate a ‘Privacy by Design’ approach and ethos as per Article 25(1) of the GDPR requiring implementation of appropriate technical and organisational measures to uphold data protection principles effectively and safeguard individual rights. 

As a result, we consider personal data and privacy issues upfront, and integrate data protection in all our processing activities and business practices, from the design stage through the entire data lifecycle. We have adopted the following ethos accordingly:

Privacy by Design has been embedded into the design and architecture of the System, without diminishing its functionality. All data protection principles were applied at every step in the design and operation. Where applicable, a data protection impact assessment, as detailed in section 8 of this policy, has been carried out to clearly document the privacy risks and all measures taken to mitigate those risks, including the consideration of alternatives. 

Our employees engaged in the functioning and maintenance of the System proactively establish methods to recognise poor data protection designs, to anticipate poor data protection practices and outcomes, and to correct their negative impacts. We also undertake to only use data processors that provide sufficient guarantees of their technical and organisational measures for data protection by design.

Privacy is the default starting point for designing and operating the System, its processes, and activities. We ensure that personal data are automatically protected on the System such that data subjects do not need to take action in order to maintain their privacy. We take into consideration:

Collection Limitation and Data Minimisation

Under Article 5 of the GDPR, principle (c) advises that data should be ‘limited to what is necessary’, which forms the basis of our minimal approach. We only ever obtain, retain, process and share the data that is essential to carry out our services and legal obligations and we only keep it for as long as is necessary.

The System is designed to limit the collection of personal information to that which is directly relevant and necessary to accomplish the specified purpose. 

Measures to ensure that only the necessary data is collected includes: –

  • The System only has those data collection fields that are relevant to the purpose of collection and subsequent processing. ’Optional’ fields are not included in the System as optional denotes that it is not necessary to obtain the information; and
  • We have documented destruction procedures in place as detailed in Clause 7.4, where a data subject provides us with personal data that is a surplus to our requirements;

We believe that both privacy and security can co-exist. Privacy is often viewed as having to compete with other legitimate interests, design objectives, and technical capabilities, in a given domain. Privacy by Design goes against such an approach.

Our designers ensure that legitimate non-privacy interests and objectives are identified early, desired functions are articulated, and unnecessary trade-offs are rejected, all in favour of achieving multi-functional solutions and accommodating all such interests and objectives in a positive-sum manner.

We have put in place strong security measures for the System such as physical access control, user login controls, firewall, use of updated antivirus, audit trail, backup and contingency plan, employee awareness programme, disposal and retention policy which are designed to last through the entire data lifecycle. These measures ensure that all personal data are securely retained, and then securely destroyed at the end of the process, in a timely fashion.

Restriction

Our Privacy by Design approach means that we use restriction methods for all personal data activities on the System. Restricting access is built into the foundation of the System’s processes and structure and ensures that only persons with authorisation and/or a relevant purpose, have access to personal data. 

Passwords

Passwords are a key part of MCCI TRC’s protection strategy and are used by System users to secure information and restrict access. Whilst passwords are also directly related to Information Security and Access Control, MCCI TRC recognises that strong, effective and robust password controls and measures are imperative to the protection and security of personal information. 

Passwords afford a high level of protection to resources and data and are mandatory requirements for all employees and third parties who are responsible for one or more account on the System.

In order to ensure visibility and transparency to the System users, we embrace a trust-but-verify approach where we provide the identity and contact information of those responsible for data protection to individuals. We also adopt a ‘plain language’ policy for any public documents so that individuals easily understand what we are doing with their personal data. We also provide individuals with tools such as Contact Us Form and Data Subject Rights Request Form so that their queries and requests are addressed.

The information technologies we use in relation to the System are designed to keep the interests of the individual uppermost by being user-centric, and include features which have strong privacy defaults, appropriate notices, and user-friendly options.

To enable MCCI TRC to fully prepare for and comply with the data protection laws, we have carried out a data protection information assessment to better enable us to record, categorise and protect the personal data that the System processes. 

The assessments have identified, categorised and recorded all personal data stored and processed using the System, by MCCI TRC in its capacity as a Controller. They have been compiled on a Record of Processing Operations sheet as detailed in Clause 7.2.2. 

At the core of all personal data processing activities undertaken by MCCI TRC, is the assurance and verification that we are complying with Article 6 of the GDPR and Section 28 of the DPA and our lawfulness of processing obligations. Prior to carrying out any processing activity in relation to the System, we always identify and establish the legal basis for doing so and verify these with the data protection laws.

This legal basis is documented on our Record of Processing Operations sheet and where applicable, is provided to the data subject and the Data Protection Office as part of our information disclosure obligations. Personal data is only obtained, processed or stored when we have met the lawfulness of processing requirements, more precisely where processing is necessary for compliance with a legal obligation to which we are subject.

The System does not process special categories of personal data. However in the event we have to process special categories of personal data we will ensure that: 

  • The data subject has given explicit consent to the processing of the personal data;

  • Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject;

  • Processing relates to personal data which are manifestly made public by the data subject;

  • Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

Where MCCI TRC processes personal data that falls into the above category, we have the specified provisions and measures in place prior to any processing. 

Measures include: 

  • Ensuring that the above permission is in place before processing the special categories of personal data;

  • Having an appropriate policy document in place when the processing is carried out, specifying our: 

  • procedures for securing compliance with the data protection laws principles;

  • policies as regards the retention and erasure of personal data processed in reliance on the condition;

  • retention periods and reason (i.e. legal, statutory etc);
  • procedures for reviewing and updating our policies in this area.

Please refer to our Records Management Policy for further guidance and procedures.

Section 33 of the DPA provides that “every controller or processor shall maintain a record of all processing operations under his or its responsibility”. It is therefore mandatory to keep a Record of Processing Operations sheet which includes:

  • What personal data we hold;
  • Where it came from;
  • Who we share it with;
  • Legal basis for processing it, etc.

MCCI TRC utilises an external processor for IT systems and services, notably system support and hosting purposes.  

We have strict due diligence procedures and measures in place and review, assess and background check our processor prior to forming a business relationship. We have obtained all necessary information to ensure that the processor is adequate, appropriate and effective for the task we are employing it for. 

 

We have in place a Controller and Processor Agreement to ensure that the third-party processor complies with data protection laws.

Our processor is notified that it shall not engage another processor without our prior specific authorisation and any intended changes concerning the addition or replacement of existing processors must be done in writing, in advance of any such changes being implemented.

Our third-party contract stipulates, in particular that the processor: –

  • Processes the personal data only on our documented instructions;

  • Seeks our authorisation to transfer personal data to a third country or an international organisation (unless required to do so by a law to which the processor is subject);

  • Shall inform us of any such legal requirement to transfer data before processing;

  • Ensures that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

  • Takes all measures to secure the personal data at all times;

  • Respects, supports and complies with our obligation to respond to requests for exercising the data subject’s rights;

  • Assists MCCI TRC in ensuring compliance with our obligations for data security, mitigating risks, breach notification and privacy impact assessments;

  • When requested, deletes or returns all personal data to MCCI TRC after the end of the provision of services relating to processing, and deletes existing copies where possible;

  • Makes available to MCCI TRC, all information necessary to demonstrate compliance with the obligations set out here and, in the contract;

  • Allows and supports audits, monitoring, inspections and reporting as set out in the contract;

  • Informs MCCI TRC immediately of any breaches, non-compliance or inability to carry out its duties as detailed in the contract.

 

MCCI TRC has defined procedures for adhering to the retention periods as set out by the relevant laws as well as adhering to the data protection law requirement to only hold and process personal information for as long as is necessary. All personal data is disposed of in a way that protects the rights and privacy of data subjects (e.g. secure electronic deletion) and prioritise the protection of the personal data at all times. 

Please refer to our Records Management Policy for full details on our retention, storage periods and destruction processes (amongst others).  

Data Protection Impact Assessments

Individuals have an expectation that their privacy and confidentiality will be upheld and respected whilst their data is being stored and processed by MCCI TRC. We therefore utilise several measures and tools to reduce risks and breaches for general processing, however when the processing is likely to be of high risk or cause significant impact to a data subject, we utilise proportionate methods to map out and assess the impact ahead of time.

Where processing of personal data utilises new technologies, and/or where there is a likelihood that such processing could result in a high risk to the rights and freedom of data subjects, we have the duty to carry out a Data Protection Impact Assessment (hereafter “DPIA”) (sometimes referred to as a Privacy Impact Assessment). 

Pursuant to Article 35(3) and Recitals 84, 89-96 of the GDPR, and guidance issued by the Data Protection Office, we consider processing that is likely to result in a high risk to include: –

  • Evaluation or scoring personal aspects/behaviour of people including profiling;
  • Automated decision-making producing legal or similar significant effects;
  • Systematic monitoring by observing, monitoring or controlling data subjects (i.e. CCTV);
  • Processing on a large scale of special categories of personal data;
  • Processing on a large scale of personal data relating to criminal convictions and offences;
  • Processing considerable amounts of personal data at regional, national or supranational level, which could affect many data subjects;
  • Processing involving the innovative use or application of new technological or organisational solutions;
  • When the processing “prevents data subjects from exercising a right or using a service or a contract”;
  • Matching or combining data sets, for instance, where personal data collected for one or more purposes are compared with personal data collected for any other purpose;
  • Processing personal data on vulnerable persons to whom the data relates (e.g. people with mental illness, asylum seekers or elderly people, patients, children, etc.).

Carrying out DPIAs enable us to identify the most effective way to comply with the data protection laws and ensure the highest level of data privacy when processing. It is part of our Privacy by Design approach and allows us to assess the impact and risk before carrying out the processing, thus identifying and correcting issues at the source, reducing costs, breaches and risks.

We have conducted a DPIA for the System as it is actually envisaged and will renew the exercise if we consider changes that can impact on the rights of the data subjects.

Data Subject Rights Procedures

As personal data is obtained directly from the individual, including in electronic format through the System we provide the below information in all instances, in the form of a privacy notice: –

  • The identity and the contact details of the Controller and, where applicable, of the Controller’s representative;

  • The contact details of our DPC;

  • The purpose(s) of the processing for which the personal information is intended;

  • The legal basis for the processing;

  • Where the processing is based on point (f) of Article 6(1) of the GDPR and and Section 28 (1) (vii) of the DPA “processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party”, details of the legitimate interests;

  • The recipients or categories of recipients of the personal data (if applicable);

  • If MCCI TRC intends to transfer the personal data to a third country or international organisation without an adequate decision by the Data Protection Office, reference to the appropriate or suitable safeguards MCCI TRC has put into place and the means by which to obtain a copy of them or where they have been made available;

  • The period for which the personal data will be stored, or if that is not possible, the criteria used to determine that period;

  • The existence of the right to request access to and rectification or erasure of, personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability;

  • Where the processing is based on consent under points (a) of Article 6(1) or Article 9(2) of the GDPR and Section 28(1)(a) of the DPA, the existence of the right to withdraw consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal;

  • The right to lodge a complaint with the Data Protection Office;

  • Whether providing personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data;

  • The existence of any automated decision-making, including profiling, as referred to in Article 22(1) and (4) of the GDPR and Section 23(2)(g) of the DPA and explanatory information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

The above information is provided to the data subject at the time the information is collected and records pertaining to the consent obtained are maintained and stored in accordance with our Records Management Policy unless there is a legal requirement to keep the information longer.

This document is our Privacy Policy and is an internal document for the System, designed to define MCCI TRC’s controls, procedures and objectives for securing, processing, handling, protecting personal information and complying with the data protection laws. 

MCCI TRC uses a Privacy Notice, which is a separate document from our Privacy Policy and is provided to our System users respectively at the time we collect their personal data (or at the earliest possibility where that data is obtained indirectly). 

Our System collects personal data directly from the individuals, but in the event MCCI TRC obtains and/or processes personal data that has not been obtained directly from the data subject, MCCI TRC ensures that the information is provided to the data subject within 30 days of our obtaining the personal data (except for advising if the provision of personal data is a statutory or contractual requirement subject to the conditions set out below).

In addition to the information provided in the Data Subjects Rights section of this Policy, we also provide information about: –

  • The categories of personal data; and
  • The source the personal data originated from. 

Where the personal data is to be used for communication with the data subject, or a disclosure to another recipient is envisaged, the information will be provided at the latest, at the time of the first communication or disclosure. Where MCCI TRC intends to further process any personal data for a purpose other than that for which it was originally obtained, we communicate this intention to the data subject prior to doing so and where applicable, process the personal data only with their consent.

Whilst we follow best practices in the provision of the information noted in the relevant section of this policy, we reserve the right not to provide the data subject with the information if: –

  • They already have it and we can evidence their prior receipt of the information;
  • The provision of such information proves impossible and/or would involve a disproportionate effort;
  • Obtaining or disclosure is expressly laid down by law to which MCCI TRC is subject and which provides appropriate measures to protect the data subject’s legitimate interest;
  • Where the personal data must remain confidential subject to an obligation of professional secrecy regulated by laws, including a statutory obligation of secrecy.

We have ensured that appropriate measures have been taken to provide information referred to in Articles 13 and 14 of the GDPR and any communication under Articles 15 to 22 and 34 of the GDPR and Sections 37 to 40 of the DPA (collectively, referred to the “Rights of Data Subjects”), relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language.

Such information is provided free of charge and is in writing, or by other means where authorised by the data subject and with prior verification as to the subject’s identity (i.e. verbally, electronic).

Information is provided to the data subject at the earliest convenience, but at a maximum of 30 days from the date the request is received. Where the retrieval or provision of information is particularly complex or is subject to a valid delay, the period may be extended by one further month where necessary. However, this is only done in exceptional circumstances and the data subject is kept informed in writing throughout the retrieval process of any delays or reasons for delay.

Where we do not comply with a request for data provision, the data subject is informed within 30 days of the reason(s) for the refusal and of their right to lodge a complaint with a Supervisory Authority.

Where a data subject asks us to confirm whether we hold and process personal data concerning him or her and requests access to such data, we provide them with: –

  • The purposes of the processing;
  • The categories of personal data concerned;
  • The recipients or categories of recipient to whom the personal data have been or will be disclosed;
  • If the data has or will be disclosed to third countries or international organisations and the appropriate safeguards pursuant to the transfer;
  • Where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
  • The existence of the right to request rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
  • The right to lodge a complaint with a Supervisory Authority;
  • Where personal data has not been collected by MCCI TRC from the data subject, any available information as to the source and provider; and
  • The existence of automated decision-making, including profiling and meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

 

Subject Access Requests (hereafter “SAR”) are passed to the DPC as soon as received and a record of the request is noted. The type of personal data held about the individual is checked against our Records of Processing Operations to see which business function is involved, with whom it has been shared and so on.

SARs are always completed within 30 days and are provided free of charge. Where the individual makes the request by electronic means, we provide the information in a commonly used electronic format, unless an alternative format is requested.

Please refer to our Data Subject Rights Request Policies and Procedures for the guidelines on how a SAR can be made and what steps we take to ensure that access is provided under the data protection laws, in the timeframes set.

 

MCCI TRC provides all personal data pertaining to the data subject to them on request and in a format, that is easy to disclose and read. We ensure that we comply with the data portability rights of individuals by ensuring that all personal data is readily available and is in a structured, commonly used and machine-readable format, enabling data subjects to obtain and reuse their personal data for their own purposes across different services.

To ensure that we comply with Article 20 of the GDPR concerning data portability, we keep a commonly used and machine-readable format of personal information where the processing is based on: –

  • Consent pursuant to point (a) of Article 6(1) of the GDPR;
  • Consent pursuant to point (a) of Article 9(2);
  • A contract pursuant to point (b) of Article 6(1); and
  • the processing is carried out by automated means.

Where requested by a data subject and if the criteria meet the above conditions, we will transmit the personal data directly from MCCI TRC to a designated controller, where technically feasible.

We utilise the below formats for the machine-readable data: –

  • PDF;
  • CSV.

All requests for information to be provided to the data subject or a designated controller are done free of charge and within 30 days of the request being received. If for any reason, we do not act in responding to a request, we provide a full, written explanation within 30 days to the data subject or the reasons for refusal and of their right to complain to a Supervisory Authority.

All transmission requests under the portability right are assessed to ensure that no other data subject is concerned. Where the personal data relates to more individuals than the subject requesting the data/transmission to another controller, this is always without prejudice to the rights and freedoms of the other data subjects.

Rectification & Erasure

Pursuant to Article 5(1)(d) of the GDPR and Section 21(d) of the DPA, all data held and processed by MCCI TRC on the System is reviewed and verified as being accurate wherever possible and is always kept up to date. Where inconsistencies are identified and/or where the data subject or controller inform us that the personal data that we hold is inaccurate, we take every reasonable step to ensure that such inaccuracies are corrected with immediate effect. 

The DPC is notified of the data subjects request to update personal data and are responsible for validating the information and rectifying errors where they have been notified. The information is altered as directed by the data subject, with the Records of Processing Operations being checked to ensure that all data relating to the subject is updated where incomplete or inaccurate. 

Where notified of inaccurate data by the data subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them. The data subject is informed in writing of the correction and where applicable, is provided with the details of any third-party to whom the data has been disclosed.

If for any reason, we are unable to act in response to a request for rectification and/or completion, we always provide a written explanation to the individual and inform them of their right to complain to a Supervisory Authority.

Where processing of personal data utilises new technologies, and/or where there is a likelihood that such processing could result in a high risk to the rights and freedom of data subjects, we have the duty to carry out a Data Protection Impact Assessment (hereafter “DPIA”) (sometimes referred to as a Privacy Impact Assessment). 

Pursuant to Article 35(3) and Recitals 84, 89-96 of the GDPR, and guidance issued by the Data Protection Office, we consider processing that is likely to result in a high risk to include: –

  • Evaluation or scoring personal aspects/behaviour of people including profiling;
  • Automated decision-making producing legal or similar significant effects;
  • Systematic monitoring by observing, monitoring or controlling data subjects (i.e. CCTV);
  • Processing on a large scale of special categories of personal data;
  • Processing on a large scale of personal data relating to criminal convictions and offences;
  • Processing considerable amounts of personal data at regional, national or supranational level, which could affect many data subjects;
  • Processing involving the innovative use or application of new technological or organisational solutions;
  • When the processing “prevents data subjects from exercising a right or using a service or a contract”;
  • Matching or combining data sets, for instance, where personal data collected for one or more purposes are compared with personal data collected for any other purpose;
  • Processing personal data on vulnerable persons to whom the data relates (e.g. people with mental illness, asylum seekers or elderly people, patients, children, etc.).

Carrying out DPIAs enable us to identify the most effective way to comply with the data protection laws and ensure the highest level of data privacy when processing. It is part of our Privacy by Design approach and allows us to assess the impact and risk before carrying out the processing, thus identifying and correcting issues at the source, reducing costs, breaches and risks.

We have conducted a DPIA for the System as it is actually envisaged and will renew the exercise if we consider changes that can impact on the rights of the data subjects.

This right is also known as ‘The Right to be Forgotten’. MCCI TRC complies fully with Article 5(e) of the GDPR and Section 21 of the DPA and ensures that personal data which identifies a data subject, is not kept longer than is necessary for the purposes for which the personal data is processed. 

All personal data obtained and processed by MCCI TRC is categorised during the Information Assessment and is either given an erasure date so that it can be destroyed when no longer necessary. 

Please refer to our Data Subject Rights Request Policy and our Records Management Policy for exact procedures on erasing data and complying with the Article 17 of the GDPR requirements and Section 23 (2) (f) of DPA. 

The DPC is notified of the data subjects request to update personal data and are responsible for validating the information and rectifying errors where they have been notified. The information is altered as directed by the data subject, with the Records of Processing Operations being checked to ensure that all data relating to the subject is updated where incomplete or inaccurate. 

Where notified of inaccurate data by the data subject, we will rectify the error within 30 days and inform any third party of the rectification if we have disclosed the personal data in question to them. The data subject is informed in writing of the correction and where applicable, is provided with the details of any third-party to whom the data has been disclosed.

If for any reason, we are unable to act in response to a request for rectification and/or completion, we always provide a written explanation to the individual and inform them of their right to complain to a Supervisory Authority.

Where processing of personal data utilises new technologies, and/or where there is a likelihood that such processing could result in a high risk to the rights and freedom of data subjects, we have the duty to carry out a Data Protection Impact Assessment (hereafter “DPIA”) (sometimes referred to as a Privacy Impact Assessment). 

Pursuant to Article 35(3) and Recitals 84, 89-96 of the GDPR, and guidance issued by the Data Protection Office, we consider processing that is likely to result in a high risk to include: –

  • Evaluation or scoring personal aspects/behaviour of people including profiling;
  • Automated decision-making producing legal or similar significant effects;
  • Systematic monitoring by observing, monitoring or controlling data subjects (i.e. CCTV);
  • Processing on a large scale of special categories of personal data;
  • Processing on a large scale of personal data relating to criminal convictions and offences;
  • Processing considerable amounts of personal data at regional, national or supranational level, which could affect many data subjects;
  • Processing involving the innovative use or application of new technological or organisational solutions;
  • When the processing “prevents data subjects from exercising a right or using a service or a contract”;
  • Matching or combining data sets, for instance, where personal data collected for one or more purposes are compared with personal data collected for any other purpose;
  • Processing personal data on vulnerable persons to whom the data relates (e.g. people with mental illness, asylum seekers or elderly people, patients, children, etc.).

Carrying out DPIAs enable us to identify the most effective way to comply with the data protection laws and ensure the highest level of data privacy when processing. It is part of our Privacy by Design approach and allows us to assess the impact and risk before carrying out the processing, thus identifying and correcting issues at the source, reducing costs, breaches and risks.

We have conducted a DPIA for the System as it is actually envisaged and will renew the exercise if we consider changes that can impact on the rights of the data subjects.

There are certain circumstances where MCCI TRC restricts the processing of personal data, to validate, verify or comply with a legal requirement of a data subjects request. Restricted data is removed from the normal flow of information and is recorded as being restricted in Appendix A of the Record Owner’s Responsibility Undertaking and in the Data Subject Rights Request Log. 

Any account on the System related to the data subject of restricted data is updated to notify the user of the restriction category and reason. When data is restricted it is only stored and not processed in any way.

MCCI TRC will apply restrictions to data processing in the following circumstances: –

  • Where an individual contests the accuracy of the personal data and we are in the process of verifying the accuracy of the personal data and/or making corrections;
  • Where an individual has objected to the processing (where it was necessary for the performance of a public interest task or purpose of legitimate interests), and we are considering whether we have legitimate grounds to override those of the individual;
  • When processing is deemed to have been unlawful, but the data subject requests restriction as oppose to erasure;
  • Where we no longer need the personal data, but the data subject requires the data to establish, exercise or defend a legal claim.

The DPC reviews and authorises all restriction requests and actions and retains copies of notifications from and to data subjects and relevant third-parties. Where data is restricted, and we have disclosed such data to a third-party, we will inform the third-party of the restriction in place and the reason and re-inform them if any such restriction is lifted.

Data subjects who have requested restriction of data are informed within 30 days of the restriction application and are also advised of any third-party to whom the data has been disclosed. We also provide in writing to the data subject, any decision to lift a restriction on processing. If for any reason, we are unable to act in response to a request for restriction, we always provide a written explanation to the individual and inform them of their right to complain to a Supervisory Authority.

Data subjects are informed of their right to object to processing in our Privacy Notice and at the point of first communication, in a clear and legible form and separate from other information. Individuals have the right to object to: –

  • Processing of their personal information based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling);
  • Direct marketing (including profiling);
  • Processing for purposes of scientific/historical research and statistics.

Where MCCI TRC processes personal data for the performance of a legal task, in relation to our legitimate interests or for research purposes, a data subjects’ objection will only be considered where it is on ‘grounds relating to their particular situation’. We reserve the right to continue processing such personal data where: –

  • We can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual;
  • The processing is for the establishment, exercise or defence of legal claims.

Where a data subject objects to data processing on valid grounds, MCCI TRC will cease the processing for that purpose and advise the data subject of cessation in writing within 30 days of the objection being received. 

The System currently does not perform any automated decision-making processes that do not involve human intervention. MCCI TRC understands that decisions absent of human interactions can be biased towards individuals and pursuant to Articles 9 and 22 of the GDPR, we aim to put measures into place to safeguard individuals where appropriate. Via our Privacy Notice, in our first communications with an individual and on our website, we advise individuals of their rights not to be subject to a decision when: –

  • It is based on automated processing;
  • It produces a legal effect or a similarly significant effect on the individual.

Alongside our ‘Privacy by Design’ approach to protecting data on the System, we ensure the maximum security of data that is processed, including as a priority, when it is shared, disclosed and transferred. The MCCI Data Protection Policy provides the detailed measures and controls that we take to protect personal information and to ensure its security from consent to disposal.

We carry out information assessments to ensure that all personal data held and processed by the System is accounted for and recorded, alongside risk assessments as to the scope and impact a data breach could have on data subject(s). We have implemented adequate and appropriate technical and organisational measures to ensure a level of security appropriate to the risk.

Whilst every effort and measure are taken to reduce the risk of data breaches, MCCI TRC has dedicated controls and procedures in place for such situations, along with the notifications to be made to a Supervisory Authority and data subjects (where applicable). 

Please refer to our Data Breach Response Plan & Procedures for specific protocols.

MCCI TRC takes proportionate and effective measures to protect personal data processed on the System at all times, however we recognise the high-risk nature of disclosing and transferring personal data and as such, place an even higher priority on the protection and security of data being transferred. In the event personal data is transferred, MCCI TRC will conform with the requirements of the data protection laws regardless of the jurisdictions.  

When personal data is shared with third parties, we enter into data sharing agreements to conform with the provisions of the GDPR and the DPA, where possible.

Please refer to our Data Transfers and Data Sharing Procedures for further details.

This policy details the extensive controls, measures and methods used by MCCI TRC to protect personal data on the System, uphold the rights of data subjects, mitigate risks, minimise breaches and comply with the data protection laws and associated laws and codes of conduct.

In addition to these, we also carry out compliance monitoring processes, with a view to ensuring that the measures and controls in place to protect data subjects and their information, are adequate, effective and compliant at all times.

The DPC has overall responsibility for assessing, testing, reviewing and improving the processes, measures and controls in place.

Data minimisation methods are frequently reviewed, and new technologies assessed to ensure that we are protecting data and individuals to the best of our ability.

Through our strong commitment and robust controls, we ensure that all staff have access to and can easily interpret the data protection laws requirements and its underlying principles and that they have ongoing training and support to demonstrate knowledge, competence and adequacy for their role. 

Through our strong commitment and robust controls, we ensure that all staff have access to and can easily interpret the data protection laws requirements and its underlying principles and that they have ongoing training and support to demonstrate knowledge, competence and adequacy for their role. 

MCCI TRC understands its obligations and responsibilities under the data protection laws and comprehends the severity of any breaches under the data protection laws. We respect the Supervisory Authority’s authorisation under the legislation to impose and enforce fines and penalties on us where we breach the data protection laws, fail to mitigate the risks where possible and operate in a knowingly non-compliant manner. 

Employees have been made aware of the severity of such penalties and their proportionate nature in accordance with the breach. We recognise that: –

 

  • Under the GDPR, breaches of the obligations of the controller, the processor, the certification body and the monitoring body, are subject to administrative fines up to €10,000,000 or 2 % of the total worldwide annual turnover of the preceding financial year, whichever is higher;

     

  • Under the GDPR, breaches of the basic principles for processing, conditions for consent, the data subjects’ rights, the transfers of personal data to a recipient in a third country or an international organisation, specific processing requirements or non-compliance with an order by a Supervisory Authority, are subject to administrative fines up to €20,000,000 or 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher;

     

  • Under the DPA, in case of breaches of the applicable data protection laws, a fine not exceeding MUR 200,000 and imprisonment for a term not exceeding 5 years may be imposed.

The DPC’s role is to identify and mitigate any risks to the protection of personal data, to act in an advisory capacity to the employees and management and to actively stay informed and up-to-date with all legislation and changes relating to data protection.  

The DPC has overall responsibility for due diligence, privacy impact assessments, risk analysis and data transfers where personal data are involved and will also maintain adequate and effective records and management reports in accordance with the data protection laws and our own internal objectives and obligations. 

Staff who manage and process personal data will be provided with data protection training and will be subject to continuous development support and mentoring to ensure that they are competent and knowledgeable for the role they undertake.

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