Sensitive personal information

Sensitive Personal Information

In a seashell

Organisations in Bermuda are prohibited from using sensitive personal information without lawful authority, if it would discriminate contrary to Part II of the Human Rights Act 1981. Lawful authority means, for example, the individual that the personal information relates to has given their consent..

Sensitive personal information is any personal information relating to an individual’s

place of origin
race
colour
national or ethnic origin
sex
sexual orientation
sexual life
marital status
physical or mental disability
physical or mental health
family status
religious beliefs
political opinions
trade union membership
biometric information; or
genetic information.

Subsections 7(2)-7(4) state that:

(2) No organisation shall, without lawful authority, use sensitive personal information identified in subsection (1) in order to discriminate against any person contrary to any provision of Part II of the Human Rights Act 1981.

(3) For the purposes of subsection (2), sensitive personal information is used with lawful authority if and only to the extent that it is used—

(a) with the consent of any individual to whom the information relates;

(b) in accordance with an order made by either the court or the Commissioner;

(d) in the context of recruitment or employment where the nature of the role justifies

such use.

(4) The Minister may make an order, subject to the negative resolution procedure, to amend the definition of “sensitive personal information” in subsection (1).

Organisations ask

What is sensitive personal information?

“Sensitive personal information” is a defined term in PIPA that includes information relating to such aspects as place of origin, race, colour, sex, sexual life, health, disabilities, religious beliefs, and biometric and genetic information. For a full list, see Section 7, or above.