Data Protection Day 2021

Our commissioner, Emma Martins, marks 2021’s Data Protection Day with this blog on how we all benefit when information about us is treated well.

Each year, on the 28 January, many countries across the world mark International Data Protection Day. It is an opportunity for us to reflect on the increasingly important role data plays in all areas of our lives as well as encourage awareness of and engagement with the rights and responsibilities contained within the legislation itself.

This day comes only a day after Holocaust Memorial Day which honours the millions murdered during the Holocaust and whilst on the face of it there is no obvious connection, it is surely incumbent on us to reflect and learn from the tragedies of our history as we look to our own lives and futures. The rights and freedoms which we benefit from today were hard fought and at those moments when we may baulk at the laws and regulations which sit around many of our daily lives today, we should perhaps take a moment to appreciate, not what those rules take from us but what they give us.

Here at the Office of the Data Protection Authority (ODPA) in the Bailiwick of Guernsey we work hard to deliver on our own duties and responsibilities which include education and awareness as well as responding to and handling complaints.

I want to take this opportunity to highlight some of the progress that has been made in our jurisdiction and some of the work that has been done to support a compliant and high-quality regulatory environment for personal data.

The starting point, back in 2018, was that we wanted legislation in place for our Bailiwick that supported autonomy and dignity for us all in the processing of our own personal data. Importantly too, this legislation underpins much of the global digital economy.

We aim to be clear and accountable in how we approach our duties and our published Strategic Plan sets out our priorities and how we approach delivering on them. Strategic plans should never be a nod either to a vanity project of the author or to unrealistic goals; they should be the beating heart of an organisation.

In our plan we set out our desire to build awareness and engagement throughout our whole community using an array of different tools and approaches including the roll-out of our schools programme, podcasts, newsletters, sector specific events to name but a few. More recently we have tried to give timely and relevant information to businesses who have had their work disrupted by the public health crisis.

Alongside that, we have our casework team who respond to individuals who may be concerned about how their own data have been handled.

The breadth of scope of all these activities is challenging with a small team and the reality will always be, in whatever area of regulation we may be looking at, that there will only be good outcomes where the whole community understands the reason for, and works to deliver on, the regulatory standards. Trust and confidence in both the rules and the regulator are key.

One of the many strengths of the Bailiwick is its community. The pandemic, and all the enormous challenges it continues to present, has highlighted the extraordinary power of being together and working together towards a common goal.

It is an enormous privilege to work alongside both a committed and professional team at the ODPA as well as a community that has proved to be so receptive to the huge social and economic benefits that are there for the taking if we get the regulation of data right.

One illustration of this is the Bailiwick of Guernsey Data Protection Association (BGDPA) which brings professionals together to learn and share ideas and information. This truly is a community effort and there are so many new opportunities for jurisdictions like ours to work in a smart and innovative way in this field.

Richard Field, Chairman of the Bailiwick of Guernsey Data Protection Association (BGDPA), commented on the organisation’s activities and its role in the regulated community.

“The BGDPA was established as a forum for anyone working with personal data to share experiences, ideas and concerns in a global regulatory environment evolving at a blistering pace. We’ve established a programme of events and continue to act as a liaison between industry and the regulator, providing feedback on consultations and addressing queries and concerns.

Whilst many of the issues we see relate to businesses in the financial services sector, data protection affects every one of us as citizens and all businesses handling customer data, regardless of sector. The benefits (and challenges) are common to us all. The lockdown has brought additional hurdles to overcome, but our experience from 2020 will stand us in good stead.

The guidance on working remotely, use of personal devices and data security are just as pertinent now, as then. Whilst we may not be able to travel, living on our beautiful island home gives us the opportunity to reflect on the opportunities that a digital economy presents, and how we can work collaboratively for the common good.”