Bermuda - Amendment to Personal Information Protection Act

Bermuda, June 16, 2023 - The Office of the Bermuda Privacy Commissioner (PrivCom) has announced, in a joint press release with the Government of Bermuda, that the Personal Information Protection Act 2016 (PIPA) will be officially implemented on January 1, 2025. This means that Bermuda organizations have 18 months to prepare for the full implementation of this law.

Privacy Commissioner Alexander White stated that he is pleased to provide an update to the community on the measures taken to prepare Bermuda for the Amendment to the Personal Information Protection Act 2023.

In an era where our world is increasingly data-driven, and our reliance on the online space has grown, the protection of personal information has become a crucial priority. Personal information, including names, addresses, contact information, medical and financial data, is present in many businesses, public and private organizations, and workplaces. It is essential to protect such information to prevent it from falling into the wrong hands and causing harm to individuals and involved organizations.

The consequences of a privacy breach can be severe, including identity theft, discrimination, physical harm, harassment, and defamation. Organizations may face reputational damage and can also be legally pursued. Therefore, the Bermuda government is committed to ensuring that all citizens are treated fairly and adequately protected.

To this end, the draft amendment to the Personal Information Protection Act 2023 was presented to the House of Assembly on June 2, 2023. This amendment aims to modify the Personal Information Protection Act 2016, bringing significant changes to the Public Access to Information Act 2010 and the Public Access to Information Regulations 2014.

The primary objective of this bill is to harmonize PIPA and PATI legislation, thereby bringing the government closer to the implementation of PIPA. Privacy legislation, also known as "data protection" or "information privacy," is a fundamental human right and plays a vital role in creating a successful information society.

PIPA aims to give individuals control over the use of their personal information. It is important to understand that privacy is distinct from public access to information or freedom of information, although they have some similarities.

The Public Access to Information Act (PATI) guarantees the public's right to access information held by Public Authorities, subject to certain exceptions related to public interest or the protection of others' rights. PATI is intended to inform the public about the activities of Public Authorities, including the manner in which decisions are made.

The proposed amendment will address the current overlaps between PATI and PIPA by providing a uniform definition of "personal information" and establishing a legislative framework for requesting and correcting personal information.

The main amendments concern the handling of personal information requests to public authorities through PIPA instead of PATI once PIPA is fully operational.

Privacy Commissioner Alexander White emphasized that significant efforts have been made to prepare Bermuda for the implementation of PIPA. In January 2020, the Privacy Commissioner was appointed, who will be responsible for monitoring the implementation of PIPA and enforcing its powers, as provided by law.

The Privacy Commissioner is also committed to providing guidance and comprehensive training to assist organizations in understanding the new regulations and collaborating with industry groups to meet their needs and ensure the adoption of PIPA. User-friendly resources will be provided to enable small businesses to manage privacy independently.

With the implementation of PIPA on January 1, 2025, Bermuda will align with international best practices in data protection and privacy. Many other jurisdictions, such as Gibraltar, the Isle of Man, Jersey, the Cayman Islands, and others, have already adopted similar laws. The European Union also requires companies operating within its borders to comply with similar data protection regulations.

Tomorrow, parliamentary debate in the House of Assembly will focus on this crucial legislation. We encourage the public to closely follow the developments to fully understand the steps the government is taking to ensure the protection of individual rights.

The Privacy Commissioner is committed to supporting the business community over the next 18 months, providing specialized assistance and guidance to prepare for the implementation of PIPA.

With the enforcement of this law, Bermuda will join other international destinations in becoming a "trusted network" and adequately safeguarding the personal information of its citizens and businesses.

Topics covered : personal information protection, privacy, Personal Information Protection Act (PIPA), Public Access to Information Act (PATI), legislative amendment, implementation, individual rights, privacy commissioner, organizational preparedness, international best practices.

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Technical Glossary: Personal Information Protection Act (PIPA) : Bermuda law that aims to give individuals control over the use of their personal information. Public Access to Information Act (PATI) : Law that guarantees the public's right to access information held by Public Authorities. Legislative amendment : Modification made to an existing law to update, improve, or change its contents. Implementation : Process of adopting and carrying out a law or system in accordance with its provisions. Individual rights : Fundamental rights belonging to every individual, such as the right to privacy, freedom of expression, freedom of association, etc. Privacy commissioner : Authority or body responsible for overseeing and enforcing privacy laws and protecting individuals' rights regarding personal data protection. Organizational preparedness : Process by which organizations prepare for the implementation of new laws or regulations by adapting their policies, procedures, and practices to comply with the new provisions. International best practices : Standards or approaches recognized internationally as effective and compliant with existing norms and laws in a specific field. Personal data protection : Concept that refers to the measures and policies taken to ensure the security and confidentiality of an individual's personal information, in order to prevent unauthorized or inappropriate access or use. Privacy : The right of an individual to keep their personal information confidential and be protected from unauthorized access or use of such information. Personal information : Data relating to an identified or identifiable person, such as name, address, contact information, medical and financial data, etc. Bermuda : An overseas territory of the United Kingdom located in the Western Atlantic, known for its natural beauty and its financial sector.

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