Nigerians have Constitutional Rights to Privacy and Protection of Personal Telecommunication Data
Telecommunications as an integral aspect of communications have been defined as ‘The art and science of communicating over a distance by telephone, telegraph and radio. The transmission, reception and the switching of signals such as electrical or optical, by wire, or electromagnetic . . . ’[1] The telecommunication industry serves as the backbone of most developments in the country. The Federal Government has been making plans to sustain this development in the industry especially with the recent launch of the National Broadband Plan 2020-2025.
Data is a person’s personal information. The Economist described data as the new Oil.
As the world is rapidly moving from Oil driven economies, every aspect of human life is moving to the internet. Internet is gradually becoming the air we breath and there is total reliance of almost everyone on the internet and the service providers. Thus, it has become practically impossible and actually inevitable not to have one’s personal data online as almost every transaction is done online now.
The resultant effect of the outbreak of Corona Virus (Covid-19) has caused a paradigm shift of human interaction to more internet presence. With an estimated 2.96 billion social media users worldwide, larger percentage of the world population have their personal data i.e., name, address, pictures, email address, bank details, or medical information online. These data reveal sensitive personal information that can be exploited to harm users unscrupulously for economic gain. Thus, apart from the traditional security measures of Gate, Guards and Guns, it is has become imperative for companies and individuals to protect their data and regulate the way data is used.
Nigerian legal framework guarantees the protection of personal information supplied to various databases such as those held by telecommunications and internet service providers, hospitals and hotels etc. and also private communications by text, telephone etc.
Nigerian Laws on Data Protection/Privacy
- The Constitution
Section 37 of Nigeria’s 1999 constitution (As Amended) forms the basis of data privacy rights and protection in Nigeria. Section 37 guarantees freedom of Nigerians to privacy with respect to their homes, correspondence, telephone conversations and telegraphic communications. Thus, Privacy in this respect a fundamental right which is enforceable in a court of law when breached.
- The NCC Consumer Code of Practice Regulation 2007
Nigerian Communications Commission published a Regulation in 2007 called the Consumer Code of Practice Regulation. Part VI of the Regulation generally deals with the protection of consumers’ data in the telecoms sector, to take reasonable steps to protect the information of their customers against improper or accidental disclosures; and licensees shall not transfer this information to a third party except as permitted by the consumer or commission or by the consumer consent or by other applicable laws or regulation.
- Registration of Telephone Subscribers Regulation 2011
The NCC Registration of Telephone Subscribers Regulation 2011- Regulation 9 and 10 provides for confidentiality of personal information of subscribers stored in the central database or a licensee’s database. The regulation bars licensees from releasing subscriber’s information to a third party or transfer it outside Nigeria without the prior written consent of the subscriber and commission, respectively. This regulation also regards the information stored in the Central Database as the property of the federal government of Nigeria.
- NCC (Enforcement, Processes etc.) 2019
By Regulation 8(2)- where a written request is sent to licensee by security agencies, such request must be honoured. However, such request must be duly signed by a police officer not below the rank of Assistant Commissioner of Police or its equivalent in any of the Relevant Authorities. Meaning your privacy protection can be denied on security basis.
- The Nigeria Data Protection Regulation (NDPR) 2019.
The National Information Technology Development Agency (NITDA), NDPR 2019 regulation touches on principles of data processing, the requirement of Data Compliance Officers, duties of the data controllers & the third party, requirement of data subject’s consent for collecting and processing data, requirements for international transfers of data and rights of data subjects, etc. It also prescribes penalty for non-compliance with the regulation.
- Judicial Decisions
People are more aware of Data protection in Nigeria nowadays. Government agencies especially NITDA has been enforcing the protection of individuals while Nigeria court has swung into action to enforce these laws.
Nigeria has had its own fair share of data privacy breaches. Notably, the recent case between NITDA and TrueCaller, the case of Barr. Ezugwu Emmanuel Anene v. Airtel Nigeria Ltd[2] as well as the case involving MTN Nigeria Communications Ltd v Barr. Godfrey Eneye[3] are a few instances. The courts in the above cases have emphasized and enforced the right to data protection of individuals and also awarded damages against erring Telecommunications or company.
In essence, though the privacy and protection of personal data of individuals in Nigeria is sacrosanct and enjoys constitutional flavor, few exceptions as stated remove the constitutional right of Nigerians to privacy.
[1] Newton‟s Telecom Dictionary, 18 ed.(2002) 733 as quoted in Lisa Thornton et al Telecommunications Law in South Africa ( Johannesburg, STE Publishers, 2006)19
[2] Suit No: FCT/HC/CV/545/2015 (Unreported)
[3] (Unreported) Suit No FCT/HC/CV/545/2015