Group doubts substitution of NITDA’s regulation for Nigeria’s data protection law

The Paradigm Initiative has raised concern about whether the National Information Technology Development Agency (NITDA) regulation could be substituted for a comprehensive data protection law.

Such a law, it noted, should be compliant with best global standards such as the European Union (EU’s) General Data Protection Regulation (GDPR).

It stated this while reacting to a court judgement dismissing its case, which compelled the National Identity Management Commission (NIMC) to suspend implementation of its Digital Identity systems in Nigeria pending when Nigeria enacts a comprehensive Data Protection law.

This was also necessitated by security lapses and privacy concerns it identified in the country.

In a statement yesterday, its Programme Manager, Adeboye Adegoke, said: “We are also worried about the implementation of the regulation.

“There are no records of enforcement of the regulation yet and NITDA is still consulting stakeholders on implementation of the regulation.”

“Clearly, NIMC is going about the implementation of Digital Identity project without a Data Protection Law in the country and that was the basis of the case.

“Coincidently, NITDA’s regulation on data protection was announced, while the case was pending in court and the judge relied on the regulation to dismiss the case.”

He explained that the judge submitted that it was not sufficient to have lofty ideas, as ideas should be guided by overall interest of the public, adding that the protective laws and parameters should enacted for adequate implementation of the policy.

He added that the court, however, dismissed the substantive case due to the Nigerian Data Protection Regulation (NDPR) introduced by NITDA when the case was still pending, but the judge stressed the relevance of the case for public interest.

Speaking, Executive Director of Paradigm Initiative, ‘Gbenga Sesan, said: “The Court appreciates the laudable steps taken by Paradigm Initiative in instituting the case and their objectives for the common good.

“When responsible civil society and groups assume the role as society’s watchdog, members of the public stand to gain in the long run. I urge them not to rest on their oars.

“We are reviewing the certified true copy of the judgement and we will consider appealing the verdict.”