top of page

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;

(c) for the purpose of any criminal or civil proceedings; or

(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.

​
 
 
bottom of page