The Problem

Nakia Pearson, a Bermuda Privacy Specialist on secondment with Guernsey’s Data Protection Authority shares his views on the real ‘problem’ in embracing regulation.

“The problem isn’t the problem; the problem is your attitude towards the ‘problem’.”
– Captain Jack Sparrow, Pirates of the Caribbean

Let’s be clear: rules aren’t fun. History isn’t rife with examples of things being enjoyed more by allowing us to do less.

We’ve all experienced that fantastical notion when we were children where we vowed that once we became ‘grown-ups’, we would no longer have to abide by dreaded rules.

Little did we know, there was a far more nefarious “R” word awaiting us in the nirvana of adulthood…
…Regulation :/

A brief background before we continue: I have spent the past month in the Bailiwick of Guernsey, hosted by the Office of the Data Protection Authority, on secondment from the Office of the Privacy Commissioner of Bermuda.

Despite the expected differences between our two islands, the similarities are even more striking: the beauty of the landscape and the people, the local offerings that are a source of community pride (Guernsey butter vs. Gosling’s rum would be quite a discussion), the commitment to a way of life that is wholly ours respectively, and the typical disdain towards any and every new regulation that seemingly invades our ability to function within our adult autonomy. “I’m not a child” – as my child likes to remind me.

For this discussion, the boogeyman on the regulatory block is data protection.

The common mis-perception of data protection regulations is that it’s restrictive – we can’t share, we can’t collaborate, we can’t innovate, we can’t advance past ideation because the regulator will punish us for so much as thinking about sharing information between stakeholders.

Data protection is nothing more than another problem! Wrong. And perhaps, the problem is our attitude towards the “problem”…

One thing many within our respective communities fail to appreciate is that we, the regulators – the men and women tasked with educating and guiding the community – are also a part of the community.

We encounter the same pain points, issues, questions, and eye-rolling towards new regulations as much as the next person.

But are they, the community, to blame? Wrong again.

I would posit that the challenge to shine the light on the benefits of data protection and privacy regulation falls on our capable shoulders as regulators – the proverbial flame-bearers.

But how do we achieve that? How do we change the mis-perception of those that see data regulation as a problem, to see us as protective, proactive, and progressive?

In contrast, how do we as regulators change our views of certain pockets of a community resistant to changes and rules that are ultimately in their best interests?

I believe the answer to both is similar and simple…
…we approach people as people.

As one who is tasked with communications responsibilities within my own jurisdiction of Bermuda, a task I share with a talented colleague, I believe I’ve learned the cheat code to gaining buy-in and acceptance of our own privacy law amongst our local community –
Don’t talk to people – talk with people.

When they complain about government restrictions, I agree! More rules and red tape? Agree 100%! They’re just trying to collect more of our hard-earned money via taxes – boy, we are definitely on the same page!

Bureaucracy is basically cardio for your patience. I mean, who doesn't enjoy a good government form with three signatures, a barcode, and a minor riddle at the end?

But consider this:

If your data were a juicy steak, wouldn’t you want to enjoy it in peace, with no fear or concern of anyone sticking their fork into your plate?

Or would you be comfortable leaving it unattended on a picnic table in a seagull sanctuary? And believe me, Guernsey seagulls are fearless!

Regulations, as annoying as they may feel, are often the digital equivalent of locking the front door at night. Sure, it’s one more thing to do—but it beats waking up to find your living room full of strangers selling your toaster on the dark web.

And let’s face it—we all know that one friend who still uses "123456" as their password and thinks clearing browser history is the pinnacle of cybersecurity. Regulations, thankfully, are designed to protect that guy too. This is for you, Bob.

Here are a few takeaways for us all:

• For the community: Regulators aren’t faceless suits—many of us still can’t remember our Netflix password either. We’re here to help, not to hinder. Talk to us, question us, challenge us—but don’t shut us out.
• For the regulators: It’s not about defending regulations - it’s about delivering value. Speak the local language, listen more than you talk, and never assume buy-in without relationship.
• For all of us: Privacy and protection aren’t abstract concepts. They’re everyday shields for our digital lives, our reputations, our kids, and our peace of mind.

So, let’s meet in the middle—with less posturing, more listening, and a shared goal: keeping our communities safe, informed, and empowered in a world that’s moving fast.

And in the immortal words of the always questionable but occasionally wise Captain Jack Sparrow:

“The world’s still the same. There’s just less in it.”

So let’s make sure what’s left is protected.