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The Office of the Privacy Commissioner for Bermuda and APLLI sign MoU

Updated: Aug 23, 2023

Today, a standing sub-committee of the Bermuda Bar Council, the Advancement of Privacy Law and Appropriate Regulation of the Legal Industry (‘APLLI’) sub-committee, is proud to announce its entry into a formal collaboration with the Office of the Privacy Commissioner for Bermuda (‘PrivCom’) to promote cooperation on educational privacy initiatives, policy and guidance for the benefit of the members of the Bermuda Bar.


Through this new and exciting alliance, as facilitated by a Memorandum of Understanding (‘MoU’) executed on 9 June 2022, the Bermuda Bar Council, APLLI, and PrivCom have recognised the interests and benefits that would result from cooperation and collaboration in educational initiatives and policy development for all parties as well as for the members of the Bermuda Bar.


In particular, APLLI and PrivCom will work together to establish a transparent framework to support collaboration and cooperation in:

  • Facilitating privacy awareness and education among the members of the Bermuda Bar (inclusive of the Bermuda Bar Council);

  • Supporting coordinated and harmonized educational initiatives and the development of policy and guidance to the legal industry in Bermuda; and

  • Increasing the sharing of knowledge and, the enhancement of the working relationship, between APLLI and PrivCom.

Read the full MoU here:

PrivCom & APPLI MoU
.pdf
Download PDF • 109KB

George N.H. Jones, President of the Bermuda Bar Council: I am pleased on behalf of Bar Council to see this level of collaboration coming into fruition. This MoU will ultimately benefit, not solely the members of the Bermuda Bar Association, but also Bermuda as a jurisdiction through its outcomes and by providing support for the enhanced understanding and developing of the relationship between PrivCom and APLLI. Thanks goes to the members of the sub-committee, all those who have supported the sub-committee’s initiatives to date, as well to the Privacy Commissioner for partnering with the APLLI on this initiative.


Gretchen K. V. Tucker, Chair of APLLI: The sub-committee was established in March 2019 when the Privacy Commissioner for Bermuda had yet to be appointed. During its foundational year, APLLI primarily focused on adopting internal protocols for good governance. Following the appointment of Commissioner White, we hosted our first continuing legal education (‘CLE') event: “APLLI Interview with Mr. Alexander McD White, Bermuda’s Privacy Commissioner addressing Privacy in the Legal Sector” on 26 February 2021. This fledgling endeavour was intended to provide members of the Bermuda Bar with an exclusive opportunity to learn about key privacy issues arising within the legal industry and also marked the first occasion that a CLE event had been held for Bar membership via a video hosting provider. APLLI received an overwhelming positive response from the legal community with a total registration of 80 Bar members. Following the event, APLLI then received substantial feedback from the membership, much of which was follow up questions and queries about APLLI’s future initiatives with the Privacy Commissioner.


Entry into an MoU with PrivCom is the natural progression of APLLI’s education mandate and it is truly an exciting step to support the building of a formal and transparent collaboration process for the benefit of the Bermuda Bar Council and members of the Bermuda Bar for years to come. It further provides a more concrete structure for information sharing and confidentiality that can both protect and inform Bar membership while preserving the independence of APLLI, as a standing sub-committee of the Bermuda Bar Council and PrivCom, as the privacy regulator for our jurisdiction.


On behalf of APLLI, I extend my gratitude to the members of PrivCom and the current and past members of the Bermuda Bar Council and the Executive Secretary of the Bermuda Bar Association, Ms. Annwen Stirling, who have supported, and continue to support, the work of the sub-committee. I would further thank the current and past members of APLLI, whose collective dedication to the vision of the sub-committee as an educational resource to the legal community has culminated in this MoU.


Alexander McD White, Privacy Commissioner for Bermuda: It is in the interests of both the legal community and lay Bermudians that the members of the Bermuda Bar can provide accurate and complete advice about the Personal Information Protection Act’s rights and obligations. In addition, members of the Bar will themselves use personal information in the course of serving their clients. They must themselves understand the risks of harm that result from changing technologies, in order to meet their own compliance obligations as well as their Bar-governed duties to their clients. In line with our office’s regulatory philosophy of community engagement and constructive oversight, we are delighted to work with the legal community through APLLI in a positive way to ensure the success of all parties. There are few groups more critical to the protection of rights than our legal industry neighbours, and this agreement is only the beginning of what will be a successful long-term relationship.


Update: The announcement has been covered by a variety media sources, including the Royal Gazette and Bernews.


To reach out to the Office of the Privacy Commissioner, please visit our Contact Us page.


For more information about PrivCom, go to Press Background | PrivComBermuda (privacy.bm)


  • About APPLI: APLLI is a sub-committee of the Bermuda Bar Council established to, among other things, act as an advisory resource for the Bermuda Bar Council and the Bermuda Bar Association (https://bermudabar.org/) as an organisation by supporting and addressing legal and industry issues affected by the implementation of the statutory requirements of the Personal Information Protection Act 2016 (PIPA) and to foster collaboration between the Bermuda Bar and public bodies concerning the regulation of privacy matters. The sub-committee is comprised of attorneys in Bermuda who advise on privacy issues both in private practice, in house counsel roles and within the public sector. Current members are: Gretchen Tucker (Chair), Amelia Oatley (Head Secretary), Lauren Sadler-Best, Bobbi Marshall, Christa Schweizer, Melanie Fullerton, David Amaro with assigned Bar Council Representative, Mark Pettingill. Attorneys called to the Bar of Bermuda advising on privacy, as well as pupils enrolled on a Bermuda legal training programme who are interested in privacy law, are welcome to submit an expression of interest to the Chair to join APLLI.


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