Nigeria Strengthens Data Protection Policy, Warns Against Unauthorized Access

The Nigerian government has reiterated that it is a criminal offence to access data without permission. The warning was handed down by the country’s Minister of Communications and Digital Economy, Prof. Isa Ali Pantami who said that it underscored the need to have a principal legislation in place, in order to ensure safety, privacy and confidentiality of data in Nigeria.

 And to address the situation, he said the ministry is working hard with critical stakeholders to bequeath the country a principal legislation before the end of this year.

The bill according to him will be transmitted to the Federal Executive Council for deliberation and if approved by the Federal Executive Council will be transmitted to the National Assembly by the President to enable them Kickstart the process of legislation before the commencement of general elections next year.

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“There is a need to have a principal legislation in place, in order to ensure safety, privacy and confidentiality of data.

“The Bill will be transmitted to the Federal Executive Council for deliberation and if approved by FEC, will be transmitted to the National Assembly by the President to enable them Kickstart the process of legislation before the end of December, 2022.

President Muhamdu Buhari
President Muhamdu Buhari

“The reason for having the legislation is to ensure that there is no vacuum. In order to ensure confidentiality, privacy and security of our citizens data, we commenced the process of having a principal legislation in Nigeria Data Protection law.

“The ministry is working hard with critical stakeholders to bequeath a befitting principal legislation for Data Protection before the end of the year.”

He said, though, the country has other existing legislations but the country requires a principal legislation to guarantee the safety and privacy of individual and corporate organizations.

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He explained that the workshop was necessary to collate stakeholders’ input for an inclusive and rancour free legislation.

“The Bill is very important and without legislation it will not make much impact. It is a sector that has unlimited space to be utilized to grow the economy.

“Enacting the National Data Protection law is in the process, this process commenced in January 2019, where we came up with Nigeria legislation.

He further said that a lot had been achieved in the area of creating awareness, job creation.

“We realized the need to have a full-fledged law which is a principal legislation which will go as an executive bill in order to accommodate all the areas that are not backed by full legislation.

“The process was initially coordinated by NIMC but President Muhammadu Buhari later approved a full blown agency NDPB.

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“The data being generated today is mind boggling, and because of the huge data being generated, we must have legislation in place to ensure that there is confidentiality and privacy of that data so that the data will not be abused.

“The first industrial revolution was about data generation, citizens submit their data to government or private institutions, some countries commercialize data and that is why we are very proactive in Nigeria in order to ensure that there is no vacuum,

“We came up with the Nigeria Data Protection regulation and, relying on our regulatory powers, immediately commenced enforcement because subsidiary legislation is considered a law up to the Supreme Court.

“The reason for having the legislation is to ensure that there is no vacuum. In order to ensure confidentiality, privacy and security of our citizens data, we commenced the process of having a principal legislation in Nigeria Data Protection law.

“In the 4th industrial revolution, data is key, the quantity of data generated in Nigeria in the last three years increased by 202 percent. The whole quantity of data generated globally within three years approximately was 5 exabite. In 48 hours, the quantity of data generated globally is equated to the quantity of data that was generated within a period of 5000 years.

“By 2025, because of Internet of Things, it is going to be exponential growth of data. Today the data being generated in Nigeria is in terabite and there must be legislation in place to ensure that this data being generated is confidentiality, secured and private.

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“The 1999 Constitution specifically states that citizen’s correspondences and communication must be private and confidential and the Section 37 of the constitution, data protection was clearly mentioned except under the cybercrime 2015 where there is a provision of Lawful Intercept where security agencies establish a prima facie case before intercepting certain communication.”

In his address, the National Commissioner of National Data Protection Bureau, Dr. Vincent Olatunji said, “One of the mandates of the bureau by the President is to enact  a principal legislation on data protection.

“We are here to give a synopsis from the bill and by midnight the bureau will download the draft bill on its website and that of the ministry.

Kelechi Deca

Kelechi Deca has over two decades of media experience, he has traveled to over 77 countries reporting on multilateral development institutions, international business, trade, travels, culture, and diplomacy. He is also a petrol head with in-depth knowledge of automobiles and the auto industry