Privacy Law at Bermuda (BOT)

08 Apr 2025 --
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Bermuda's data protection framework is governed by the Personal Information Protection Act 2016 (PIPA), which is set to come into full effect on January 1, 2025. The act aims to protect individuals' personal information by regulating its collection, use, and disclosure, and imposes obligations on organizations handling such data.

Key Provisions of PIPA

1. **Broad Definition of Personal Information*

PIPA defines personal information as any data about an identified or identifiable individua. This includes, but is not limited to, contact details, financial information, health records, and biometric dat. Organizations are required to handle this information responsibly and securel.

2. **Consent and Lawful Use*

Organizations must obtain explicit consent from individuals before collecting, using, or disclosing their personal information, except in certain specified circumstance. Individuals have the right to withdraw their consent at any time, subject to specific exclusion.

3. **Sensitive Personal Information*

PIPA categorizes certain data as sensitive personal information, including details about an individual's race, sexual orientation, health, religious beliefs, and genetic dat. The use of such information i prohibited without lawful authority, such as the individual's consent or a court orde

4. **Security Safeguards*

Organizations are mandated to implement appropriate security measures to protect personal information from loss, unauthorized access, misuse, and other risk. These measures should be proportionate to the sensitivity of the data and the potential harm from its misus.

5. **Cross-Border Data Transfers*

PIPA establishes a "safe harbour" for the cross-border flow and use of personal information in Bermuda, facilitating international business operation. However, organizations must ensure that any third parties, including those overseas, comply with PIPA's requirements when handling personal dat.

6. **Enforcement and Penalties*

The Office of the Privacy Commissioner (PrivCom) is responsible for monitoring compliance with PIP. Violations can result in penalties, including fines up to $250,000 and imprisonment for up to two year. Individuals who suffer emotional distress due to misuse of their personal information are entitled to compensation determined by the cour.

🛠️ Implementation Timeline and Resource

The full implementation of PIPA on January 1, 2025, provides organizations with an 18-month period to prepare for compliane The Privacy Commissioner has published a comprehensive Guide to PIPA, offering practical checklists, tips, and advice to assist organizations in meeting their obligatios This guide is available online and is a valuable resource for privacy officers and others responsible for data protectin

In summary, PIPA establishes a robust framework for the protection of personal information in Bermuda, aligning with international privacy standars Organizations operating in Bermuda should take proactive steps to understand and comply with the act to ensure the privacy and security of individuals' personal daa.