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Lack of PIS Law, Threat to SIM Registration – Experts
Lack of appropriate national legislature on personal information security (PIS) to back up on-going nationwide telecom SIM card registration may spell doom for the entire programme, experts in the records and information management sector have warned, Nigeria CommunicationsWeek can report. Oyewale Oyedokun, president of records and information management awareness foundation, (RIMA Foundation) said during the first 2012 quarterly RFK Foundation training workshop in Lagos that it was wrong for the government to embark on information gathering from the citizenry without adequate structure in the form of personal information security law in place. Oyedokun noted that without the relevant legislative backing, it becomes a matter of legal conjecture. He opined that it was apparent a number of Nigerians were wary of registering their mobile SIM card because of the fear of the security of their personal data. “I wouldn’t blame whoever is skeptical about their data being collected, if you don’t have a framework or infrastructure in place and you are telling me to wholeheartedly submit my data, how sure am I that the data I release will be managed for the purpose it was collected. “Secondly, in terms of law and regulations, we do not have any law presently in Nigeria that addresses personal information management or security. In fact, it was wrong for the government to have started asking for information from the masses without first of all putting necessary infrastructure in place, because you cannot build a house in the air. There ought to have been structure in place to guarantee safety of the persons you are collecting information from,” said Oyedokun. Mrs. Yemisi Oyebo, head, document management and IT business improvement, First Bank of Nigeria plc, said such national legislature will not only go to assure the citizenry of the security of their data security and protection, it would also work in tandem with the recently signed freedom of information (FoI) law. She said that “A legislation on records and information management geared towards securing personal information will have a huge effect on the manner we manage information in its entirety, particularly within the confines of Nigeria.The import is evident on the grounds that policy is like a framework on which we can build. The policy will produce its own procedures for implementation. Although, information management is an evolving profession in Nigeria, but an adage says, a land without a law is without sin. “So, if there is no law on how we manage personal information declared in public sphere; a law that will protect the personality from unforeseen harm, people will continue to dump government and some of its programmes, especially when it has to do with data capturing. It will be an added advantage to the FoI law, hence principles don’t change. So, it will give us the proper template for records management. Because of the unavailability of the policy that ought to guarantee information security, people are skeptical on giving data, sometimes, they give wrong data for self protection,” Oyebo enthused. Folarin Fambegbe, director, Golden Scepter, a leading firm on records management in Nigeria, decried that concept of information management among Nigerians, saying “it is at its lowest ebb.” He stated that it was wrong for the Nigeria Communications Commission (NCC) to be collecting personal data of individuals without the necessary legislative framework, and for also not involving other relevant sectors of the economy the records management. “NCC was collecting those data for a purpose; they are in their own sector and needs to keep records of the people, but personal information cannot be shared without the request and that is where the legislation comes in,” said Fambegbe. Beady Nnanna, a television presenter regretted that despite NCC collecting citizens’ personal data for more than a year now, it was yet to inform Nigerians what the information would be used for. “Some people might have knowledge of what might become of the process, but the lay man in the street does not understand. But with an appropriate law backing up the exercise would assuage people’s fears and anxiety. “People are still afraid of what may become of them after they had registered twice at the ongoing SIM registration. And the security situation in the country coupled with the jungle manner law enforcement agents handle issues in the country demand for a speedy promulgation of this law,” said Nnanna.
Ogba Ogbaga, an Abuja-based lawyer, has said that he has been instructed to institute legal proceedings against MTN Nigeria, Airtel Nigeria, Globacom, 9mobile and MultiChoice Nigeria, operators of DStv, over what he described as unfair consumer practices relating to expiring data bundles and television subscriptions.
In a statement posted on Facebook, Ogbaga said his law firm, GIMBG Legals, received instructions from its client, KAA, also known as KaaTruths, to challenge the companies’ subscription policies in court.
According to him, the proposed suit will question whether telecom operators and DStv’s subscription models comply with provisions of the Federal Competition and Consumer Protection Act (FCCPA) 2018 and other applicable laws.
Ogbaga alleged that telecom providers operate internet data services that are unfair to consumers, claiming subscribers sometimes do not receive the services they paid for but still lose their subscriptions once the validity period expires.
He also criticised DStv’s subscription model, arguing that consumers lose paid viewing time due to factors such as power outages, adverse weather conditions and service interruptions, while subscriptions continue to count down regardless.
“Our clients have complained that MTN data services are unduly one-sided,” Ogbaga said, adding that the legal action would also extend to other telecommunications providers and DStv.
He said the court action would seek judicial determination on whether the companies’ subscription practices comply with consumer protection laws.
The lawyer also invited interested legal practitioners to collaborate on the case, saying his firm would provide updates as the matter progresses.
In a separate Facebook post on Wednesday, Ogbaga said previous policy discussions, town hall meetings and debates at the National Assembly had failed to address the concerns raised by consumers.
He argued that telecom operators regularly carry out maintenance and network upgrades that temporarily disrupt services without extending customers’ subscription periods, while DStv subscribers also lose viewing time because of electricity outages and weather-related disruptions.
The National Insurance Commission (NAICOM) has commenced the issuance of new licence certificates to insurance companies that successfully met the industry’s new minimum capital requirements, marking the formal beginning of a new regulatory era aimed at strengthening the financial capacity, governance and global competitiveness of Nigeria’s insurance sector.
At a ceremony held at the Commission’s headquarters in Abuja, the Commissioner for Insurance, Olusegun Ayo Omosehin, presented the new licence certificates to compliant operators, describing the exercise as a major milestone in the industry’s recapitalisation programme.
According to the Commission, a total of 43 insurance companies declared compliant with the new capital requirements are expected to receive the new licence certificates in phases.
Omosehin congratulated the successful companies, saying the issuance of the new licences signals the beginning of a stronger regulatory framework anchored on improved capitalisation, sound corporate governance, innovation and sustainable growth.
He urged operators to leverage their enhanced capital base to develop innovative insurance products, improve operational efficiency and deepen insurance penetration across the country.
The Commissioner said the Commission expects the recapitalised companies to deliver stronger financial performance while maintaining high standards of professionalism and customer service.
He also announced that NAICOM’s next major regulatory initiative would be the implementation of the Risk-Based Capital (RBC) framework, under which insurers’ capital levels would be aligned with the risks inherent in their respective business portfolios.
According to him, the new framework will further strengthen the industry’s resilience by ensuring that insurers maintain capital commensurate with the risks they underwrite, thereby enhancing policyholder protection and boosting market confidence.
Omosehin reaffirmed the Commission’s commitment to removing regulatory impediments where necessary while maintaining effective oversight to safeguard policyholders and strengthen confidence in the insurance market.
The issuance of the new licence certificates marks the commencement of a phased transition to higher capital standards aimed at improving the financial capacity, solvency and claims-paying ability of insurance companies operating in Nigeria.
Management of Nigeria CommunicationsWeek Media has withdrawn its publication titled “Adefolarin Ogunsanya and the Allegations of Shareholder Interference and Self-Dealing at Pan African Towers,” which was published on its platform.
The decision to retract the story follows an editorial review to ensure that the platform maintains the highest standards of accuracy, fairness and responsible journalism in reporting matters that are the subject of ongoing judicial proceedings.
Nigeria CommunicationsWeek acknowledges that the issues raised in the publication remain before the courts and have not been finally determined.
Accordingly, the organisation has decided to remove the article from its platforms pending the conclusion of the legal processes or the availability of additional verified information.
The publication regrets any inconvenience or misunderstanding the report may have caused to readers or any individuals or organisations mentioned in the story.
Nigeria CommunicationsWeek remains committed to the principles of balanced, factual and ethical journalism and will continue to uphold professional standards in its coverage of judicial and corporate governance matters.
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