Title: Bermuda’s New Cybersecurity Legislation: The Cybersecurity Act 2024 and Computer Misuse Act 2024
Introduction
In response to an unprecedented government hack in September 2023, Bermuda’s Minister of National Security announced plans to table two crucial pieces of legislation in the House of Assembly. These acts, the Cybersecurity Act 2024 and the Computer Misuse Act 2024, aim to strengthen Bermuda’s cybersecurity defenses.
Background
The importance of a secure infrastructure and robust cybersecurity framework was recognized in the 2018 and 2021 Speeches from the Throne. In 2021, a promise was made to introduce a Cybersecurity Act to regulate cybersecurity standards for Bermuda’s critical assets.
Urgency of Legislation
The Ministry acknowledged the need for thorough consultation and research on international best practices due to the evolving nature of cybersecurity. However, the September 2023 cyberattack on the Bermuda Government highlighted the urgency of the legislative initiatives.
Cybersecurity Act 2024
The Cybersecurity Act 2024 introduces several key measures to support the government’s goals:
- Establishes a Cybersecurity Advisory Board to advise the Government on cybersecurity matters.
- Designates Critical National Information Infrastructures and delegates enforcement responsibilities.
- Recognizes the Cybersecurity Unit within the Ministry of National Security as the National Cybersecurity Incident Response Team.
Cybersecurity Unit
The Cybersecurity Unit, which oversees the development and implementation of the government’s cybersecurity program, will:
- Monitor threats to Critical Information Infrastructures
- Provide assistance to external agencies
- Currently has two vacancies
- Funding has been provided for staffing
- The recruitment process for new positions is expected to begin shortly
Computer Misuse Act 2024
The Computer Misuse Act 2024 will replace the existing legislation and serve as the first step towards meeting the requirements of the Budapest Convention on Cybercrime. In the coming months, the House will also consider amendments to the Electronic Communications Act and the Criminal Code aimed at strengthening Bermuda’s cybercrime laws.
Conclusion
The legislations mark a crucial step forward in the Ministry of National Security’s mission to “Keep Bermuda Safe” against the evolving threats and challenges in the digital world. The significance of getting the legislation right and ensuring adequate protection without being burdensome for those whom it aims to safeguard is emphasized.