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Obligations for Bermudan private-sector data controllers

AppleBy published an article on November 5th, 2020, on the Data Protection Authority Registration and Data Protection Officer Requirements for Data Controllers for Bermuda.

The details are coming from a Q&A session that discussed the obligations for private-sector data controllers in Bermuda and the requirements for data controllers under the Data Protection Law.

Key points:

  • The supervisory authority responsible for data protection is the Bermuda Privacy Commissioner. Before processing personal data, a data controller is not required to notify, register, or seek authorization with the Privacy Commissioner as it relates to Bermuda’s Personal Information Protection Act 2016 (PIPA).
  • PIPA does not require the Privacy Commissioner to authorize cross-border data transfers. Data controllers should determine whether a third party provides the level of protection required by PIPA before transferring data outside Bermuda.
  • If the organization cannot rely on the overseas third party’s level of protection it must employ contractual mechanisms, corporate codes of conduct, or other means to ensure a comparable level of protection as required by PIPA.
  • The Privacy Commissioner has the discretion to allow a cross-border transfer that does not comply with PIPA’s requirements if, both: 1) The organization reasonably demonstrates that it cannot comply and 2) The transfer does not undermine the individual’s rights.
  • Data controllers are also required to appoint a Data Protection Officer (DPO), and the DPO may delegate its duties to one or more individuals. The DPO’s details would also not be required by the Privacy Commissioner.

 

Reference: applebyglobal.com


Contributed by: Jason Jacobs from Guyana. Jason is a member of the CCST Discord group from the G5 Cyber Security Foundation Ltd. Learn more about CCST (Caribbean Cyber Support Team) by visiting caribbeancst.org. CCST is a collaborative group on the Discord platform for Caribbean people in IT, from beginners to experts.

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