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BERMUDA | RSS PODCAST

Privacy protection Bill passes

Safety measures: Minister Grant Gibbons. (Photograph by Akil Simmons)

A Bill to protect the personal information of Bermuda residents has been passed in the House of Assembly.

The Personal Information Protection Act 2016 “captures the very latest privacy rights and principles found across the world” and “marks a pivotal moment in our history and a landmark in the evolution of human and informational rights in Bermuda”, said Grant Gibbons, the Minister of Economic Development.

“We live in a small, caring community where being neighbourly and sharing information is a natural part of life,” he added. “Although we may know a lot about each other, we all have expectations of privacy.”

He pointed to situations where personal information had been shared by a staff member without the knowledge or the consent of the individual concerned, as well cybersecurity incidents.

“The introduction of the Pipa Bill will precipitate a culture shift within this small community of ours,” he said. “It will change the way we perceive personal information and its value.

“Both individuals and organisations will start thinking about personal information in the same way we think about money — it is a precious commodity and should be protected. You should never leave it around.”

“This new-found confidence within the community will also have a positive impact on the business sector.”

Dr Gibbons said highlights of the Bill included that personal information would be used fairly and lawfully, and for limited, specified purposes.

Personal information will be adequate, relevant and not excessive in relation for the purposes for which it is used, and will not be kept for longer than necessary.

It will also be accurate and kept up to date where necessary and will be used in accordance with the rights of individuals.

It will be kept securely and will only be transferred to third parties, where there is a “comparable level of protection”.

Pipa will give people the peace of mind that the use of their personal information is “limited and secure”, he added, while also providing the ability to have incorrect personal information held by an institution amended.

“Privacy will be the right of the island’s residents and their families and Bermuda will be recognised internationally as a jurisdiction that can be trusted with personal information.

Recognising that there will be a “learning curve”, Dr Gibbons said implementation would be delayed for about two years, although the appointment of a privacy commissioner “will be enacted soon after the passage of the legislation” to help organisations prepare.

Opposition MP Jamahl Simmons said the Progressive Labour Party was very pleased to support the “very important, very significant and very timely” legislation.

“In a community this small, privacy and the keeping of privacy resonates,” added Mr Simmons, the Shadow Minister of Economic Development, while also applauding the consultative process followed.

One Bermuda Alliance backbencher Susan Jackson called it a “complex piece of information to legislate” and Independent MP Shawn Crockwell also applauded the minister and his team, saying he was “surprised by the extent of the legislation”.

Acting Opposition leader Walter Roban echoed Mr Crockwell’s sentiments, and PLP backbencher Walton Brown also supported the Bill, saying that although identification theft had been somewhat suppressed in Bermuda, it could become a “greater issue of concern”.

“This legislation will make it less likely,” he added.

Shadow Attorney-General Michael Scott welcomed the protection afforded to children and Jeanne Atherden, the Minister of Health and Seniors, said it balanced off the Pati legislation, which had raised some concerns about personal information.