Privacy Commissioner & APLLI Sign MoU

September 16, 2022

The Advancement of Privacy Law and Appropriate Regulation of the Legal Industry [APLLI] sub-committee has entered into a formal collaboration with the Office of the Privacy Commissioner of Bermuda [PrivCom] to “promote cooperation on educational privacy initiatives, policy and guidance for the benefit of the members of the Bermuda Bar.”

A spokesperson said, “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.

PrivCom & APLLI Bermuda September 2022

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

  • i. Facilitating privacy awareness and education among the members of the Bermuda Bar [inclusive of the Bermuda Bar Council];
  • ii. Supporting coordinated and harmonized educational initiatives and the development of policy and guidance to the legal industry in Bermuda; and
  • iii. Increasing the sharing of knowledge and, the enhancement of the working relationship, between APLLI and PrivCom.

“A copy of the full MoU is published on the website of PrivCom for members of the public to access.”

George N.H. Jones, President of the Bermuda Bar Council said: “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 said, “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, said, “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.”

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