On June 12, President Bola Ahmed Tinubu signed the Nigeria Data Protection Act (NDPA), into law.
This was done to safeguard Nigerian citizens’ fundamental rights to privacy and freedom of speech, as enshrined in the country’s constitution and relevant international treaties.
By promoting responsible data use and implementing a consent-based framework, the NDPA is expected to ensure the fair and legal handling of personal information.
Apart from this, the Act is also expected to hold data controllers and processors accountable for their responsibilities to data subjects. It is hoped that the NDPA will create an environment where citizens can freely express themselves, participate in civic spaces and also have their privacy protected.
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This is essential for a thriving democratic society, helping to bring to an end, the high and alarming rate of censorship, surveillance, and data misuse that Nigerians are currently being made to contend with.
Nigeria, like many other African nations, has continued to face mounting challenges when it comes to safeguarding freedom of expression and digital rights.
Online censorship and surveillance have also increased in recent years, limiting individuals’ from having the ability to voice dissent and access information freely.
These trends do not only impede the growth of an open, transparent and accountable society, they also endanger citizens’ privacy and security.
In recent times, the Nigerian government has, through its policies, regulations and sanctions, emulated the autocratic style of leadership in countries with undemocratic practices, poorly ranked press freedom, and low human development indexes.
During the period, attempts were made at regulating online media usage through proposed bills like the Hate Speech Bill of 2019, the Social Media Bill of 2019 and the NITDA Amendment Bill of 2021.
Another of such attempts was the broadcast code of the Nigerian Broadcasting Commission (NBC), aimed at extending the agency’s powers on media censorship, thereby controlling the press and undermining citizens’ right to know.
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In January 2023, internet penetration in Nigeria was said to have reached 55.4 per cent.
According to Surfshark’s report, there was a 25 per cent increase in government’s requests for citizen data from tech companies in 2021.
The report also showed that data breaches in Nigeria rose by 64 per cent in the first quarter of 2023, making Nigeria the 32nd country with the most breaches out of 160 countries.
The publication further showed that the Nigerian Government was the most culpable party responsible for data breaches during the period. Despite this, however, no government agency has received any fine or sanction.
While this is ongoing, businesses such as telcos and banks have also continued to introduce Nigerians to new technologies that may put them at risk of data breaches and identity theft.
Consumer surveys carried out by PwC and KPMG revealed that Nigerians are indeed concerned about the level of priority relevant agencies place on data privacy. The report also showed a complete lack of trust in companies’ ethical use of their data.
While 40 per cent of the respondents said they do not trust the companies enough to use their data in an ethical manner, 29 per cent of them admitted that the way the companies collect personal information is sometimes unethical.
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This particular information highlighted the importance of companies as far as prioritising data protection before launching new products are concerned.
The prevalence of unlawful surveillance and online censorship has continued to cause distress to people’s daily lives.
We, as an organisation, are deeply concerned over how the government has continued to law enforcement agencies and the criminal justice system to suppress the civic space, curtailing citizens’ fundamental rights and freedom.
Nigerian journalists have also continued to face threats from both digital and physical surveillance, reflecting a worrying trend of legitimising telecom surveillance and spyware by security agents.
Premium Times recently reported that 40 per cent of Nigerian journalists have experienced surveillance in the past, with 50 per cent of them being targeted and arrested by state actors, using their phone records and communications as basis for their actions.
This trend has further been supported by the Nigerian government’s increased budgetary allocation to surveillance technology.
The NDPA’s enactment is a significant and timely step that is expected to recognise boundless opportunities and also reaffirm the belief that data privacy and digital rights are in fact human rights.
The NDPA establishes the Nigeria Data Protection Commission (NDPC) as the regulatory body responsible for enforcing the Act. The NDPC oversees data protection practices, investigates violations, and imposes fines on organisations found guilty (up to 1-2 per cent of annual gross revenue).
With this Act, government MDA CEOs are now accountable for data breaches under their watch, as well as the individuals’ responsibility to pay fines (as government institutions cannot be made to pay fines into their coffers), and compliance with data protection laws has increased to 9 per cent for MDAs and 49 per cent for private sector organisations due to sanctions.
The NDPC’s implementation of the NDPA is supported to create a free, open, and inclusive digital landscape where Nigerians can freely express themselves while their digital rights are protected and respected.
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The Data and Digital Rights Coalition in Nigeria is dedicated to advocating for an open, inclusive and secure digital environment. The coalition collaborates with various stakeholders, engage in litigation, conduct research-based advocacy and involve the private sector in curbing censorship, protect privacy and promote a vibrant civic space for citizens.
The group also encourages businesses to handle Nigerians’ personal information by complying with the NDPA, as it safeguards data privacy, enhances credibility, and builds trust with clients, shareholders, and the government.
The coalition urges the NDPC, security and law enforcement agencies to disseminate information efficiently in ensuring all Nigerians can exercise their data and digital rights under the NDPA.
The Data and Digital Rights Coalition is a pioneering alliance of civil society organizations, tech experts, and digital rights advocates working on advancing freedom of expression, tackling censorship and surveillance challenges, and safeguarding the civic space in Nigeria. Some of the members are: Accountability Lab Nigeria, Centre for Community Empowerment in Conflict and Peacebuilding, Centre for Information Technology and Development (CITAD), Paradigm Initiative, TechHerNG, etc.
The post Data and Digital Rights Coalition Addresses Data Censorship and Surveillance in Nigeria appeared first on Foundation For Investigative Journalism.