…As stakeholders push for principal legislation
By Emmanuel Elebeke

The Minister of Communications & Digital Economy, Prof. Isa Pantami says that the growing dependence by businesses on information technology (IT) to manage their data has led to increase in information security and privacy risks implications.

The minster stated this at the – Day “Policy Dialogue on the Nigeria Data Protection and Privacy Law” held on Tuesdays in Abuja.

He noted that Data has become a highly sought commodity and more people are concerned about how their data is stored, processed, and transmitted.

According to the minister, big data, availability of advanced data analytics tools, and surge in surveillance activities have transformed into a mass resurgence of the desire to have data collected and processed.

With globalization and rapid technological advancements, Pantami said, “there is obviously increased capability for organisations or businesses to perform these transactions on data”.
“There is need to do this only on legal bases and for specified purposes. Across the globe today, data protection and privacy regulations are currently undergoing developments that have significant impact on digital economies.
“I am therefore pleased that the Nigeria Data Protection Bureau in partnership with the Nigeria Digital Identification for Development Project as well as other key stakeholders have organized this dialogue to ensure adequate stakeholder engagement towards birthing an all-inclusive data protection law for Nigeria.

“The principles and rules of data protection and privacy are universally recognized, and the 1999 Constitution of the Federal Republic of Nigeria (as amended) equally recognizes the right to privacy. Issues around protection of citizen’s telephone conversation, correspondences, telegraphic communications, etc. are covered under section 37 of the 1999 constitution of the Federal Republic of Nigeria,” he said.

The minister pointed out t that policy and regulation are integral to forming an enabling environment that promotes innovation and fosters the emergence of innovative agents for the attainment of the Sustainable Development Goals (SDGs).
“The growth of Nigeria’s digital economy drives innovations and free flow of data which in turn implies the need to safeguard the rights, freedom, and privacy of citizens”.
He noted that data protection legislation provides a legal basis for challenging the collection and unlawful use of data, negligent data handling, incorrect documentation of sensitive information, and growing corporate and state-sponsored surveillance activities.

He further noted that at the core of data protection legislation is the desire to protect individual’s right to privacy of their information and to secure lives and property.
This is achieved through the implementation of legislations, policies and regulations on data privacy and protection.

He therefore said the call for this National Policy Dialogue (NDP) on Data Protection Law, is timely as it provides the much-needed avenue for wider consultation.
Other participants at event include representatives of Ministries, Departments and Agencies (MDAs), members of the National Assembly, development partners, among others. Earlier in his address, the Project Coordinator, Nigeria Digital ID4D, Mr Musa Odole Solomon noted that the occasion marks a new beginning in the annals of data protection and digital economy in the country.

For him, the issue of data protection in Nigeria is a constitutional matter, adding that Section 37 of the 1999 Constitution of the Federal Republic of Nigeria provides for privacy and data protection.

“It expressly says and I quote that “the privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected”.

According to him, there are also subsidiary legislation and regulations that protect citizens’ data in Nigeria, however, the country has no principal legislation that guarantees the safety and security of the data of her citizens.
Solomon who acknowledged the fact that previous efforts in that direction did not yield the desired result, said that the essence of the policy dialogue is to ensure that Nigeria has a robust legal framework for Data protection.

“Presently, efforts are being intensified to ensure that citizens enrol for and acquire the National Identity Number. The NIN will enable the country to have a national database to guide the government in planning.

“In addition to other numerous benefits, the National Identity project aligns with number 16.9 of the Sustainable Development Goals (SDG). which expects that by 2030, every person in the world should have a digital identity. Therefore, every person should have a legal form of identity. Nigeria, and indeed, Africa, should not be left behind.
“Identity is a human right and not having any form of legal identity makes one invincible.”