Many countries in the world are trying to find their way from a total lockdown back to a normal existence. It’s a tight rope walk between giving people back their freedom and containing the virus. The only way to do this is to implement principle-based regulations. Rules-based regulations will lead to civil disobedience, police brutality, selective law enforcement, the erosion of the rule of law and ultimately the virus wins. And people die.

Principles are best where there are many activities

Data protection laws are principle-based laws (as opposed to rule-based laws) because there are so many activities that involve the processing of personal data. The data protection principles are useful for the coronavirus and lawmakers wrote the principles not knowing that the coronavirus was coming. You simply can not make a rule for each processing activity. It simply won’t work. Same goes for the coronavirus.

Everything we do raises the risk of more people being infected with the coronavirus. You can’t make a rule for everything we do. No Government can do it from a central point and get it right.

  • You must not leave your house except to buy essentials.
  • You shall only run, walk or cycle between 6am and 9am.
  • You shall wear a face mask at all times.
  • You can sell winter clothes but not other clothes.

If you’re looking for an example of crazy rule-based regulation see the South African government’s regulations on winter clothes.

COVID-19 or coronavirus principles

The Government must set outcomes with principles for everyone to follow and let each person carry the responsibility of applying those principles to their specific activities. Especially in countries like South Africa with such diversity.

  • To limit the spread of the virus stay at home as much as possible.
  • To prevent you getting the virus focus on personal hygiene, especially wash your hands thoroughly as often as you can.
  • To stay physically and mentally healthy exercise when necessary but keep a physical distance from other people, do it in uncrowded places and don’t touch surfaces.
  • To prevent you getting the virus wear a face mask if you will come near others.
  • To prevent you unknowingly passing on the virus to others wear a face mask if you will come near others.
  • To counter the negative consequences of physical distancing be friendly and kind to other people.

The risk of getting it wrong is death

People want to get it right. They want to be healthy and safe, and if they’re irresponsible they might get infected with the virus and die. The high level of compliance with the lockdown proves this. People have a very real self-interest in getting the relaxation of the lockdown right. They will be responsible.

Governments will be better off with coronavirus principles

Yes, it requires some trust and letting go. But Governments are finding out that if you try to make rules for some activities, it raises more questions, objections and frustration. The regulations just get longer and longer and more complex and harder to follow and comply with. We need simple law in this situation. By following a rules-based approach, Governments are setting themselves up for failure and risk undoing much of the goodwill that they have created. No one wants a police state. Let go and make the people responsible for their own behaviour. People are generally more likely to follow their own rules rather than those set by someone else.

People are generally pretty good at avoiding death.

There still needs to be enforcement

In data protection law, there are various consequences if the responsible party (or controller of personal data) does not apply the principles correctly. Authorities can fine or imprison them, data subjects can claim damages from them. And they suffer reputational damage.

With coronavirus, we can adopt the same strategy. People could complain if they believe others are not applying the principles correctly and law enforcement could investigate and take action. If someone gets coronavirus from someone who did not apply the coronavirus principles, enable the victim to easily sue the irresponsible person for damages. We’ve already seen the community looking down on people who flout the lockdown – they’re called covidiots.

Covidiots endanger themselves and others

More about principle-based regulation

You can read some academic papers about this in the context of financial regulation and general regulatory compliance.