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Right To Privacy? Nigeria Needs A Data Protection Law

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By ‘Gbenga Sesan

“The privacy of citizens, their homes, correspondence, telephone conversations and telegraphic communications is hereby guaranteed and protected.” – Section 37 of the Nigerian constitution.

Nigeria’s constitutional promise of data protection is far from being fulfilled. This is especially true for transactions involving the transfer of personal data from individuals to governments and businesses. Despite the increasingly important role that data plays as the currency of the country’s emerging digital economy, Nigeria does not have a Data Privacy or Data Protection law.

Even though Nigeria lacks a robust data management infrastructure, several government agencies and sector regulators collect citizens’ private data with little respect for their rights.

Not only is the same data collected by different agencies, citizens have little control over what is collected, how it is used and have no clear course of action should their data be abused.

The Nigerian Communications Commission, Independent National Electoral Commission, Nigerian Immigration Service, Central Bank of Nigeria, National Identity Management Commission, Federal Road Safety Corps, and other bodies routinely collect or oversee the collection of biometric and other data in their respective silos.

Unfortunately, the conversation around the need to harmonize such sensitive data remains just that — a conversation. Various legislative proposals that could protect people’s data are making little progress, exposing citizens to the real risk of data disasters.

Sensitive data including email addresses and phone numbers are frequently advertised for sale online. In one recent case, information of registered voters appeared online following a data breach. In an equally worrying example, sensitive health data processed by a bank on behalf of a hospital was made available online.

In another case, laptops were sold still holding subscriber information that was captured during the SIM card registration process. In all of these breaches, the lack of a clear data protection law meant that those responsible for handling the data were not held accountable.

However, there is hope for better data control and protection in Nigeria. Various government agencies recently resumed discussions on duplicate data collection, control and use. In addition, a Data Protection Bill passed by the House of Representatives is now being considered by the Senate.

The Digital Rights and Freedom Bill, that has made good progress in the House of Representatives, also has a section on data and information privacy. Clearly, the problem we face is not lack of proposals but lack of follow-through.

The National Identity Management Commission, responsible for the management of citizen data, must work with other agencies and stakeholders to secure the appropriate legislative environment that Nigeria needs for personal data protection and privacy. Citizens, who are new to the concept of data ownership, need to be made aware of their rights — including the proposals that could soon become the law of the land.

Until a robust, enforceable law is in place, Nigerian citizens will continue to be denied the protections that their constitution grants them.

‘Gbenga Sesan is the Executive Director of Paradigm Initiative


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E-Business

Nigeria, Ghana Africa’s Digital Hubs Hardest Hit by Cyber Attacks – Report

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Nigeria, a major digital hub in Africa, has one of the highest volume of cyberattacks in West Africa, coming in at 2,721 for the first half of 2024.

Nigeria, Ghana Africa’s Digital Hubs Hardest Hit by Cyber Attacks - Report

Attacks on the computer-related services field were prevalent, as in Ghana, with 867 incidents, but local beauty salons were second on the list for Nigeria, enduring 206 incidents, followed by data processing hosting companies at 116.

“The growing complexity of distributed denial of service (DDoS) threats seen worldwide, including a notable increase in both attack frequency and sophistication, is clearly reflected in Nigeria. The country experienced more complex attacks than others within the region, with 23 different attacks vendors seen in one single attack, from TCP and CLDAP (Connection-less Lightweight Directory Access Protocol) attacks to Domain Name System (DNS) amplification and many more,” Bryan Hamman, regional director for Africa at NETSCOUT, adding that the country stood out third on the list.

Ghana, however, led the region in both the frequency and diversity of cyber threats for the first half of 2024, facing a high volume of DDoS attacks directed at industries including computer services and telecommunications.

In fact, according to NETSCOUT’s 1H2024 DDoS Threat Intelligence Report (TIR), the country was subjected to a total of 4,753 attacks over the six months, of which 2,759 were aimed at computer-related services businesses. Wireless telecommunications carriers (except satellite) received the second highest number of attacks, at 110, with full-service restaurants also noted as another vertical industry under fire. Furthermore, Ghana experienced by far the highest volume attack in West Africa, with the maximum bandwidth of its largest DDoS attack measuring 314.25 Mbps.

Known for an economic resilience that is driven by agriculture and mining, Guinea surprisingly took second spot in the NETSCOUT results for West Africa in terms of attack frequency, with 2,918 incidents listed. Wireless telecommunications carriers bore the brunt of these strikes, which were mostly TCP-type attacks.

Côte d’Ivoire and Liberia both faced similar attack frequencies, with 1,598 and 1,515 incidents noted respectively. The two countries also experienced similarities in the types of attacks vectors used – mostly TCP-related – as well as the sector that was hardest hit, which was wireless telecommunications for both.

Again, wireless telecommunications carriers were identified as the prime targets for threat actors in Benin (196 incidents), Senegal (107), Mali (32) and Cameroon (16).

“This is in line with NETSCOUT’s global Threat Intelligence Report figures, which measured attacks on the sector at 834,471 for the first part of 2024, a substantial 34 per cent increase on the figures seen for 2H 2023, which was calculated at 622,295. We believe this points to an objective by cybercriminals to disrupt critical communication infrastructure,” Hamman said.

 

 


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NITDA Invites Public Input on Guidelines for IT Projects and Regulatory Instruments

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The National Information Technology Development Agency (NITDA) is seeking public feedback on several draft documents related to Information Technology (IT) projects and regulations. This aligns with NITDA’s commitment to an open and collaborative rulemaking.

The legal Documents Open for Public Review are:

  1. Guidelines for Licensing IT Projects Clearance Compliance Assurance Firms 2024;
  2. Regulatory Guidelines for Electronic Invoicing in Nigeria;
  3. Guidelines for Software Development; and
  4. Guidelines for Software Testing.

NITDA is also proposing the amendment of the Guidelines for Clearance of IT Projects for Federal Public Institutions (FPIs). guidelines, initially issued in 2018.

The Guidelines for Licensing IT Projects Clearance Compliance Assurance Firms 2024 aims to ensure that IT projects within Federal Public Institutions (FPIs) are managed and implemented according to approved and established standards, regulations, and best practices.

The instrument will regulate and professionalise the clearance of IT projects, ensuring that FPIs IT projects and initiatives are effectively conceptualised, designed, evaluated, and compliant with relevant Federal Government extant rules and standards in line with the Federal Government’s digital infrastructure goals and the Renewed Hope Agenda.

The Regulatory Guidelines for Electronic Invoicing is designed to promote transparency and deepen the use of technology for e-government automation as well as support the fiscal development of Nigeria through prudent administration of government revenue.

The guidelines will improve tax compliance, enhance efficiency and enhance standardisation and interoperability, thereby ensuring that Nigeria is ready for international digital commerce.

The Guidelines for Software Development establishes the minimum requirements for the development of software to be used by Nigerian government entities. It ensures that all software meets quality, security, and operational standards, promotes the growth of the local software testing market, and enhances the efficiency and effectiveness of government services.

The objectives of the guideline are to ensure that software is fit-for-purpose, meeting functional and non-functional requirements, and protect government institutions from operational risks through security, reliability, and performance standards.

To Participate:

These draft documents have undergone internal review and stakeholder consultations. NITDA now invites the public to contribute their feedback by reviewing the documents available for download at: https://nitda.gov.ng/draft-regulatory-instruments/

Public participation is crucial for NITDA to develop comprehensive and effective regulatory instruments.

By considering diverse perspectives, NITDA can ensure these guidelines best serve the needs of the IT industry and promote the development of a thriving digital economy in Nigeria.

Stakeholders are advised to  send in their review to [email protected] on or before 26th November 2024.

 


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inq. Nigeria Celebrates Double Win at Tech Innovation Awards (TIA) 2024

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inq. Nigeria, the leading provider of Edge technology solutions in Nigeria, has achieved a remarkable double win at the 8th annual Technology Innovation Awards (TIA).

Known for delivering innovative, business-relevant solutions in Edge AI and IoT, SDN/NFV for Edge Cloud, Secure Access Service Edge (SASE), and Elastic Edge, inq. Nigeria was honoured as the “MVNO Provider of the Year” and received the “Cloud Product of the Year” award for its groundbreaking product, inq.Fabric.

The TIA Awards, one of the most prestigious accolades in the tech industry, celebrates exceptional individuals and organisations at the forefront of digital transformation. This year, inq. Nigeria was acknowledged for its comprehensive impact on the Nigerian tech landscape and its commitment to innovation.

The MVNO Provider of the Year award highlights inq. Nigeria’s leadership in delivering flexible, high-performance MVNO services in an emerging market.

Through its adaptable network platform, inq. empowers licensed MVNO providers with seamless, scalable connectivity solutions for data-driven applications and IoT, bypassing traditional infrastructure needs. This enables them to meet critical network demands and integrate efficiently across diverse environments in Nigeria’s evolving market.

The Cloud Product of the Year award celebrates inq. Nigeria’s inq.Fabric, a pioneering cloud connectivity solution that automates provisioning and routing for cloud access. This software-defined networking solution provides secure, agile, and reliable connectivity, supporting rapid deployment and scalability, which is critical for multinationals, government bodies, and SMEs in Nigeria.

Reflecting on this achievement, Ifeanyi Akosionu, Managing Director of Anglophone West Africa, inq. Nigeria, expressed his gratitude, stating, “These awards reflect our commitment to excellence and innovation. At inq., we are dedicated to continuously advancing our solutions, contributing to Nigeria’s economic growth by empowering businesses to thrive.”

He highlighted inq.’s leadership in supporting Nigeria’s emerging MVNO industry, noting, “Our MVNO solutions equip licensed providers with the agility, tools, and support needed to enter the market confidently and succeed in a dynamic landscape.” Akosionu also acknowledged Fabric by inq., which offers a flexible, cloud-based environment designed to boost productivity and streamline decision-making for clients.

Akosionu attributed inq.’s success to its close partnerships with a diverse clientele, whose collaboration inspired the development of forward-thinking solutions that address critical needs in connectivity and digital transformation across Nigeria.

Akosionu also extended appreciation to inq.’s dedicated team, saying, “Our thanks go to our valued customers for their trust and to our team at inq. Nigeria, whose dedication ensures that we consistently deliver world-class solutions.”

Previously, at the 7th edition of the TIA Awards, inq. Nigeria also received recognition as “IoT Solutions Provider of the Year” and “Digital Services Provider of the Year”, further solidifying its leadership in digital and IoT solutions.


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