What can I do if the organisation does not respond or if I am dissatisfied with the outcome?
Step 1. Complain to the organisation
You can resolve many problems directly with the organisation.
If you have already received a response but are unhappy with it, you should first make a complaint to the organisation. You must do so in writing.
If you think personal information is missing from their response, you should clearly list what other information you think they also hold. This will help them review their records.
Remember to always keep copies of any correspondence about your complaint as evidence.
You could use the template below as a guide, tweaking it by adding in the details of your complaint:
[Your full address]
[Your phone number]
[Name and address of the organisation]
[Reference number if provided within the organisation’s initial response]
Dear [Sir or Madam / name of the person you have been in contact with]
Individual complaint under PIPA
[Your full name and address and any other details such as account number to help identify you]
I am concerned that you have not handled my personal information properly.
[Give details of your complaint, explaining clearly and simply what has happened and, where appropriate, the effect it has had on you.]
I understand that before reporting my complaint to the Office of the Privacy Commissioner for Bermuda (PrivCom), I should give you an opportunity to address it.
If, after receiving your response, I would still like to report my complaint to PrivCom, I will give PrivCom a copy of your response to consider.
You can find guidance on your obligations under privacy rights legislation on PrivCom’s website (privacy.bm) as well as information on their regulatory powers and the action they can take.
Please send a full response within 45 days. If you cannot respond within that timescale, please let me know when you will be able to respond and why.
If there is anything you would like to discuss with me in relation to my complaint, please contact me on the following number [telephone number].
Step 2. Report your complaints to PrivCom
If you’ve complained to an organisation and you still haven’t received a response, or remain unhappy with the organisation’s handling of your access request, you can make a complaint to PrivCom.
However, remember that we cannot:
act as your representative;
award compensation; or
punish an organisation for breaking the law (apart from in the most serious cases).
However, if we think the organisation has not responded to your request as it should have done, we can give them advice and ask them to solve the problem.
You should raise your complaints with us within 75 days of your last meaningful contact with the organisation. Remember to send us copies of all the key documents you have to support your complaint, which you kept as evidence.
You can also seek to enforce your rights through the courts. Should you decide to do this, we strongly recommend that you seek independent legal advice first.
We can help you understand how to best work with the organisation to resolve your complaint.
For further advice, you can call us on 543-7748.