Data privacy day: Need to sanction breaches, offenders

Whoever is in control of your data, controls your world. AYONI M. AGBABIAKA writes on the rights of Nigerians to data privacy and possible sanctions or punishment for data breaches in the country.

Joining other countries across the globe to celebrate the World Data Privacy Day on Tuesday in Abuja, Nigeria has  proposed sanctions for data privacy breaches.

World Data Privacy Day is an international event that occurs every 28 January. The purpose of Data Privacy Day is to raise awareness and promote privacy and data protection best practices.

It is currently observed in the United States, Canada, Israel and 47 European countries. 

Also, among the 54 African countries, 25 have started driving the awareness for data privacy with Nigeria leading the way.

Digital economy relies on data

According to the Minister of Communications and Digital Economy, Dr Isa Ali Pantami, who was speaking at the workshop on Data Privacy in a Digital Economy as part of National Privacy Day Celebration held at NAF Conference Centre, Kado Abuja, yesterday, said digital economy relies on data, hence the strong need to protect it.

He assures Nigerians that any data under the control of the government and operators  will be protected – this is strategic for digital economy.

Pantami said the data protection is dear to him hence the establishment of the data protection law signed on January 25, 2019. 

“Without data and data protection, digital economy cannot be achieved,” he said.

Section 37 of the NITDA Act and the constitution guarantees citizens data as their fundamental human right. For your privacy to be protected, there are also other documents that protects citizens rights on data.”

Nonetheless, the minister advised Nigerians to always update their devices, use latest and original software.

Data protection

In his remarks, National Information Technology Development Agency (NITDA) director-general Abdullahi Kashifu Inuwa said “The National Privacy Day awareness workshop and celebration, was part of the activities earmarked to celebrate the World Data Privacy Day. 

The ultimate goal of this celebration is to raise awareness, promote privacy, and data protection practices. 

“In Nigeria, we started this celebration since last week, Thursday, with a press release followed by debates by secondary school students culminating in the final round holding today.

28th January has been dedicated as international Data Privacy Day. Last year, in 2019, the day was celebrated in nearly 50 countries, including the United States of America, India, Canada, and much more. 

The celebration started in 2007 after European Council declared 28th January as a Data Privacy Day in 2006. In Nigeria, we join the rest of the world to celebrate this year,” he said.

He added that: “It is precisely one year three days. On 25th January 2019,  the Minister of Communications and Digital Economy, my predecessor Dr Isa Ali Ibrahim (Pantami)  issued the Nigeria Data Protection Regulation (NDPR) 2019 as a response to the global call for privacy regulation and in consistent with the federal government initiative to make Nigeria globally competitive business environment. 

Data powers the digital economy; therefore, data privacy is a critical component of the digital economy. 

At NITDA, we are committed to ensuring that the Nigerian journey to the digital nation and implementation of digital economy policy are successful. We believe that the digital economy is the present and the future for our children and us.

The regulatory Instrument

“Our regulatory instrument, NDPR, was issued to achieve the following objectives; data privacy protection, secure exchange of data, improve business environment, and create sustainable jobs. 

“The progress so far is awe-inspiring.  Since the issuance of the regulation, we have taken several steps flowing from our implementation strategy.

Our strategy is to create a workable, credible implementation process that would assist the National Assembly in its desire to pass a Data Protection Bill.

A number of investigations have been carried out and parties that have been involved in data breaches have been given a compliance notice while our investigation is going on to ascertain the veracity of the responses being received.

He noted that in one year, NITDA has achieved the following in  implementation of the NDPR: Issuance of 27 DPCO licenses that have created over 1,000 jobs and generated a sector currently valued at about N2 billion.

The strategy has also foster inauguration and capacity building of the Data Breach Investigation Team and Police Enforcement Team.

“We have treated over 1,200 inquiries and requests for clarifications” amongst others.

What you can do

“I want to urge you all to be conscious about your privacy because whoever controls your data controls your world. As your take-home, the following can help you protect yourself;

On any new device, set your privacy settings immediately. This includes new applications, social media, and programs.

Never use unsecured WiFi – especially for banking or shopping.

Keep your software up to date. Out of date software is vulnerable to hackers.

Never give personal information over the phone, email, or text.

Use strong password phrases. The longer the password, the harder it is to break.

Do not save your passwords on your device.

Change passwords when your accounts may have been compromised.

Use virus protection and a firewall. 

Legislature

The keynote speaker, MD CS2 Limited Mr Hakeem Ajijola said “we must control our data in order to control our world…we must move beyond NDPR; it is only a beginning, there is more to be done.

“The Internet has reached a pivotal point, where some level of regulation is required to ensure the stability, integrity and survivability of the platform. However, there are fine lines between suitable legislation, regulation, censorship and abuse of digital rights.

 “Today technology has facilitated unprecedented violations of privacy and privacy rights with significant societal impact and damage. Sadly, this seems to be just the beginning and that may explain why NITDA opted to do something about it through the Nigeria Data Protection Regulation (NDPR). 

Nigerians need to engage, through the Ministry of Communications and Digital Economy, in national conversations to outline a future National Digital Data Policy and related Data Legislation that understands where we are coming from, factors our circumstances and appreciates where we seek to go, while learning from earlier efforts to pass requisite legislation.

He stated that due to the rapid ongoing changes in the cyber space and related issues any legislation passed must focus on the appropriate empowerment of a proactive, agile and responsive regulator, existing or new, and not necessarily just on the specific challenges that we see now.

For now, NITDA, by default, must ensure the deepening of our understanding of, and compliance with, extant regulations such as NDPR and international counterpart regulations,” he said.

Media participation

One of the panelists who spoke on the theme of the event: Data Privacy in a Digital Economy” Atinuke Tukura noted that for the digital privacy campaign to thrive, the media should be well equipped to create more awareness to the public.

“The media isn’t ready for the digital economy, they are busy reporting politics and concentrating on broadband penetration. They need to educate the people about over the top services and the things they do unconsciously.”

Sanctions

Another panelist, National Information Technology Development Agency (NITDA) Olufemi Daniel stated that the Agency has inaugurated it’s data investigative team to forestall breaches of data privacy. “We have followed a strategic method. In the next few months, we will start either arresting or sanctioning” 

He added that, “for NITDA, we want to do everything right and we want Nigerians to support us.”

The Nigeria Data Protection Regulation (NDPR) was issued on 25th January, 2019.

The regulation seeks to Safeguard the rights to privacy, enhance security of data, improve ease of doing business in Nigeria and to create economic opportunities for Nigerians.