The Office of the Privacy Commissioner (PrivCom) is seeking the services of a skilled and capable individual to work as Legal Counsel. Working under the direction of the Deputy Privacy Commissioner, the Legal Counsel will be responsible for carrying out legal functions that support the overall objectives of PrivCom.

The post holder will work with a high degree of independence with decision-making authority to provide legal and technical advice to the Privacy Commissioner and Deputy Privacy Commissioner on matters relating to the legal interests of PrivCom, in the Privacy Commissioner’s exercise of discretion.

 

The Legal Counsel will also be responsible for developing and executing advocacy and litigation strategies in connection with privacy rights, by either representing and/ or engaging outside legal counsel for the Privacy Commissioner to appear before the courts of Bermuda or elsewhere.

 

The postholder will have specific responsibilities for conducting legal research and analysis, reviewing legislation, drafting advice, preparing reports, and making recommendations on operational matters, or legal opinions related to specific issues arising from privacy rights complaints filed under the Personal Information Protection Act 2016 and subsequent amendment(s).

 

The post holder will also be responsible for conducting mediation and is accountable for the development and implementation of the Mediation Services Programme.  

 

This position is placed on the BPSU salary scale as PS 38 through PS 40, meaning the annual salary range begins at $133,426.10.

 

For this position, the post-holder must have/be :

 

• Excellent legal, research and organisational skills and the ability to effectively multitask and handle high volumes of complex work while efficiently producing work of the highest quality, cogently and concisely.

• Advanced leadership skills and proven ability to motivate and influence others, as well as the ability to work independently and be an active contributor in a demanding team environment.

• Demonstrated knowledge and/or proficiency with legal terminology and the legislative process, legal research and analysis and the use of search engines, preparing drafting instructions for legislation, mediation techniques, and training or instructing legal concepts.

• Articulate with excellent oral and written skills with ability to handle various submissions and scenarios.

• The ability to command or build respect of counsel and authoritatively instruct on rights law.

• Demonstrable advocacy skills and ability to present facts, information, or arguments persuasively.

• Experience in alternative dispute resolution processes

• Excellent knowledge of the Personal Information Protection Act, the Bermuda Constitution Order 1968, the Commissions of Inquiry Act 1935, the Human Rights Act 1981, Public Access to Information Act 2010 (“PATI”) and its corresponding 2014 Regulations, and relevant Bermuda jurisprudence, along with the proven ability to interpret, apply, and explain relevant laws, policies, cases, etc.

• Proficient in use of computerised business applications including MS Office, particularly MS Word, Excel, PowerPoint and Outlook, and aptitude to utilize Complaint Management Systems (“CMS”), Document Management Systems (DMS) and legal research databases.

• Knowledge of current developments in data privacy, cybersecurity, technology and data governance, and digital human rights

 

• Working knowledge of the Financial Instructions and the Code of Practice for Project Management and Procurement, BPSU Collective Bargaining Agreement, the Conditions of Employment and Code of Conduct, Public Service Commission Regulations 2001, and the Public Service (Delegation of Powers) Regulations 2001.

• Although this is not a requirement, it is an added advantage to also have working knowledge of the Bermuda Monetary Authority Act 1969, Electronic Transactions Act 1999 and the Standard for Electronic Transaction, Electronic Communications Act 2011, Regulatory Authority Act 2011, The Data Protection Act 2018 (United Kingdom), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (European Union), and other laws relating to the topics of national security, criminal code, judicial review, cybersecurity, information technology contracts, and business transaction, or related topics.

 

The postholder must possess a LLB (preferably with a specialization in technology, Human Rights, or Constitutional law), and have a minimum of five (5) years’ experience practising administrative, constitutional, and/or human rights law with some involvement in case management, alternative dispute resolution processes, and litigation before the Supreme Court or before a comparable Court in another Commonwealth jurisdiction.

 

The postholder must be a member of the Bermuda Bar Association or called to the Bar on any other commonwealth jurisdiction in good standing.

 

A full list of job duties is available in the Job Description which is available at this link.

 

We invite you to submit your application online by sending your resume and a cover letter to Careers@privacy.bm with the subject line “Legal Counsel”.

 

Applications for this position must be received no later than 19th April 2024.

 

To facilitate the hiring of qualified Bermudians in accordance with the Public Service Commission Regulations 2001, please indicate your status as “Bermudian”, “Non-Bermudian spouse of a Bermudian”, or “Non-Bermudian” in your cover letter.

​

PrivCom is an employer that seeks to employ individuals from a variety of diverse backgrounds and perspectives. We encourage applicants who may feel they do not meet 100% of the requirements. We fully support the use of reasonable accommodations in our working environment.