the Safe City cameras, he will, for the benefit of the House, obtain from the Commissioner of Police, inform…
(No. B/468) Mr A. Duval (Fourth Member for Port-Louis North & Montagne Longue) asked the Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister of Finance, Minister for Rodrigues and Outer Islands whether, in regard to the Safe City cameras, he will, for the benefit of the House, obtain from the Commissioner of Police, information as to whether consideration will be given for the operation thereof to be placed under the purview of the Data Protection Act and, if so, when and, if not, why not.
I am informed by the Commissioner of Police that the Safe City Project came into operation on 19 August 2019, and is operating under the provisions of the Data Protection Act, which is in line with the European Union General Data Protection Regulation requirements. Prior to the implementation of the Safe City project, a certificate was issued, under Section 44(4) of the Data Protection Act, exempting the Mauritius Police Force from the application of certain sections of the Data Protection Act, in the interest of national and public security. These Sections pertain, among others, to the collection, access and communication of personal data. On 10 November 2020, the Mauritius Police Force has been registered as a Data Controller by the Data Protection Office. On August 2023, the Registration certificate has been renewed up to July 2026.
Yes!
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Thank you, Madam Speaker. Madam Speaker, can the hon. Prime Minister confirm that under the exceptions which apply to the Safe City Project, no sanctions can be taken by the Data Protection Office for contraventions being done at the level of Mauritius Police Force, if there are any?
Madam Speaker, the right of privacy is guaranteed by our Constitution. This is not an absolute right, but the same Article also provides for exceptions in the interest of public safety and security. So, the Constitution already gives the right of privacy, which is guaranteed.
Madam Speaker, can I …
No! No! If I may. I think the question was that the Data Protection Commissioner could not prosecute. Is that your question?
Yes, Madam Speaker!
Your question was that the Data Protection Commissioner cannot prosecute. I would…
If I may have another question.
Okay! Go with another question!
Madam Speaker, the hon. Prime Minister will agree that a project like the Safe City Cameras, operating in a legal vacuum, involves huge risks with regard to the safeguard of personal data and risk of abuses. The hon. Prime Minister has himself complained in the past of safe city cameras being positioned in front of his office – which have now been removed – specifically for espionage, and not for the legitimate detection of crime. This is the reason why there is a need for a specific legislation.
No, no! Question! Question! Rephrase it!
Will the hon. Prime Minister agree that there is a need for a specific legislation which provides for accountability and for sanctions and prosecutions of offenders of the controllers and the users? We have seen in the past how …
(Interruptions)
… we have seen in the past the risk of abuses…
Don’t make statements!
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So, will he not agree…
(Interruptions)
Every time I tell you to put a question. Put a question, not a statement!
Stop helping him!
Let me remind the hon. Member – you joined government – the Safe City Cameras came into operation on 19 August 2019! I didn’t hear you say anything then!
(Interruptions)
We did not …
You didn’t?
I…
Still, you accepted the post! You became the Deputy Speaker!
(Interruptions)
But, in any case, …
(Interruptions)
Wait for the answer!
… I said it very clearly in the House that there is no espionage being done now!
(Interruptions)
Madam Speaker, if I may.
(Interruptions)
Pena mem nanien pou espione ar twa!
(Interruptions)
Okay, your last supplementary question! But question, not statement!
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Madam Speaker, in May 2019, there was a Private Notice Question specifically on the need to have a specific legislation as the Safe City Cameras operate outside the purview of the Data Protection Act because of the Certificate of Exemption. Therefore, the Data Protection Commissioner cannot take any sanctions. There is only a Code of Conduct…
That is not an issue!
(Interruptions)
Again, you are …
(Interruptions)
So, this issue was raised as far back in 2019.
Al lekol primer do!
Il n’y a pas de question !
(Interruptions)
So, it is not right to say it has not…
(Interruptions)
Hon. A. Duval, I asked you specifically not to make a statement. It’s a second statement that you are making!
Alright! I will put the question!
Yes!
(Interruptions)
Does the Prime Minister not think anymore …
(Interruptions)
An hon. Member: Ey assize!
(Interruptions)
… that there is a risk of espionage and misuse of data collected by the Safe City Cameras?
(Interruptions)
29 Does he not think that anymore?
Hon. Prime Minister!
The hon. Member’s father first had asked the PNQ in May 2019 when he was in the Opposition, but he joined the government afterwards. He did not do anything then! Then, everything was okay! Everything was fine!
(Interruptions)
You didn’t?
(Interruptions)
Par limpost!
(Interruptions)
Didn’t you sit in the Chair?
Pass par limpost !
(Interruptions)
Nothing happened then! Then everything was okay!
(Interruptions)
Now, you are asking me the question when I have stopped the espionage…
(Interruptions)
Let the hon. Prime Minister speak, please!
… of individuals in this country!
That was the last question! That was your last question!
(Interruptions)
Hon. Third Member for Mahebourg and Plaine Magnien! VIPSU OFFICERS – PROMOTION – PERIOD 2015-2024