Using An Employee's Personal Information In Light Of PIPA

Since 2016, there has been significant development in the law relating to the use of personal information. In Bermuda, the Personal Information Protection Act 2016 ('PIPA') received Royal Assent on 27 July 2016 but has not yet come into full force, however following a recent government announcement, that PIPA is to come into full effect on 1 January 2025, employers need to be aware of how this important piece of legislation will affect them.

One important consideration for employers is how they obtain consent for and use the personal information of employees. Employers may need to use personal information, defined under PIPA as "any information about an identified or identifiable individual", for a number of legitimate reasons, and many have used contracts of employment to obtain that consent.