Co-authored by Timothy Faries and Steven Rees Davies
The Personal Information Protection Act 2016
(Bill) has been passed in both the House of
Assembly and the Senate and now awaits a final review by the
Premier and the Attorney General before being sent to the Governor
to receive Royal Assent on behalf of Her Majesty the Queen.
Minister Grant Gibbons has already confirmed that the
appointment of a privacy commissioner will follow soon after
enactment of the legislation.
The Bill introduces a landmark statutory penalty regime to be
enforced against all organisations and individuals that fail to
comply with the statutory framework for the protection of personal
These penalties include financial compensation for financial
loss and emotional distress:
on summary conviction, in the case of an individual, to a fine
of up to $25,000.00 or up to two years of imprisonment or to both;
on conviction on indictment, in the case of a person other than
an individual, to a fine of up to $250,000.00
The Bermuda Government has indicated that the Bill will be
subject to a two year delay prior to its implementation to allow
organisations to prepare, however the specific timeframe will
require confirmation from the Government upon the Bill receiving
Notwithstanding the potential delay in implementation of the
Bill, persons in
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Earlier this month, on 3 February 2017, the Government of Bermuda confirmed its resolve to appoint a Privacy Commissioner to ensure that guidance to organisations can be provided prior to the legislation being fully implemented.
Given the private nature of banking services and as banks serve the vast majority of the public, the banking industry is one of the private sectors in Hong Kong for which the Hong Kong Privacy Commissioner receives most complaints.
A Bill to protect the personal information of Bermuda residents – the Personal Information Protection Act (PIPA) – has been passed in the House of Assembly.
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