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House: Privacy Commissioner will advise groups

Economic development minister Grant Gibbons (File photograph)

A new Privacy Commissioner will educate groups about new legislation designed to protect people’s personal information.

Economic development minister Grant Gibbons said the Office of the Privacy Commissioner would help pave the way for the Personal Information Protection Act, due to come into force around the summer of 2018.

Dr Gibbons told the House of Assembly: “An important element for the proper and effective eventual implementation of the legislation is the creation of the Office of the Privacy Commissioner.

“The role of the Privacy Commissioner is defined in the PIPA as being ‘responsible for monitoring how the PIPA is administered to ensure that its purposes are achieved’.

“The broad spectrum of powers granted to the Privacy Commissioner in the legislation enables them to discharge these duties. However, it is critical for PIPA’s effective implementation that the Privacy Commissioner inform and provide guidance to organisations regarding compliance with the Act prior to the Act being fully implemented.

“Privacy legislation will go a long way in providing important rights that traditionally have been lacking and it will also encourage the adoption of robust cybersecurity practices.

“Developing a culture of privacy, however, will take time and we recognise that implementing legislative requirements that are wholly new will require education and information.”

The minister said legislation allowing the appointment of the officer came into force in December.

He said: “The office of Privacy Commissioner is an important appointment and the appropriate regulatory infrastructure is necessary to ensure that the personal information rights of the residents of Bermuda are effectively protected and enforced.”

He reiterated the Bermuda Government’s plan to seek an “Adequacy” finding from the European Union which would allow for the free flow of personal information between Bermuda and other jurisdictions.

“A key criterion of the EU’s assessment is that the Privacy Commissioner must be wholly independent,” he said. “As a result, the creation, staffing and operations of the Commissioner’s office will be done in a manner to ensure full compliance with these requirements.”

• To see Dr Gibbons’s statement in full, click on the PDF under “Related Media”