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NIN-SIM Linkage: SERAP Writes Buhari over ‘Unlawful Access To Subscribers Details’

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Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to use his good offices and leadership position to urgently review and rescind the reported approval for security agencies to access people’s personal details via NIN-SIM linkage without due process of law.

NIN-SIM Linkage: SERAP Writes Buhari over ‘Unlawful Access To Subscribers’ Details’

The appeal was contained in a letter dated February 5, 2022, and signed by Kolawole Oluwadare, deputy director, SERAP.

The organisation urged the President to “send executive bills to the National Assembly to repeal and reform all laws, which are inconsistent and incompatible with Nigerians’ rights to privacy, dignity and liberty.”

The development followed reports that some security agencies have received presidential approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties.

SERAP believes that the reported approval to allow security agencies to access people’s personal details via NIN-SIM linkage without due process of law directly interferes with the privacy, dignity and liberty of individuals.

It also believes that a failure to rescinded the reported approval may cause millions of law-abiding Nigerians to feel that their private lives are the subject of constant surveillance.

“The interference entailed by unlawfully or arbitrarily accessing people’s personal details is far-reaching and must be considered to be particularly serious,” the statement read in part, adding: “Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary”.

“The power to access individual’s details raises serious concerns as to their arbitrary use by the authorities responsible for applying them in a manner that reduces human rights and democratic principles by the monitoring and surveillance of millions of Nigerians.

“It is crucial to rescind the approval, and respect the autonomy of individuals to receive and share information of a personal nature without interference from the authorities, if unintended adverse consequences are to be avoided.

“The risk of arbitrary or abusive interference shows the importance for your government to comply fully with the requirements of legality, necessity, and proportionality.

“The right to privacy allows Nigerians to hold opinions and exercise freedom of expression without arbitrary or illegal interference and attacks.

“Private conversations of individuals – which belong to their intimate sphere and contribute to their personal development – also enjoy strong legal protection and can only be limited based on the principles of legality, necessity and proportionality.

“The reported presidential approval to security agencies does not align with the principle that any restriction on human rights capable of limitation should be the least intrusive means possible, and shall be necessary and proportionate to the benefit sought.

“Violations or abuses of the right to privacy might affect the enjoyment of other human rights, including the right to freedom of expression and to hold opinions without interference.

“SERAP notes that the right to privacy can enable the enjoyment of other rights and the free development of an individual’s personality and identity, and an individual’s ability to participate in political, economic, social and cultural life.”

“In relation to the requirement of legality, any limitation must be expressly, exhaustively, precisely, and clearly provided for in a law in the formal and material sense. It is not enough that the restrictions be formally approved by the president or by any other competent body: they must also be sufficiently clear, accessible and predictable.

“Similarly, measures restricting enjoyment of the right to privacy must comply with the principle of proportionality, meaning that they must not unduly interfere with other rights of the persons targeted.

“In the digital age, protecting the right to privacy requires exceptional attention. While acknowledging the challenging issues that your approval may seek to address, SERAP is seriously concerned that this may be used as a pretext by security agencies to violate Nigerians’ right to privacy and other related human rights.

“The undermining of the universality of fundamental human rights, alongside the potential encroachment upon the enjoyment of the right to privacy raised by the presidential approval, suggests the urgent need to review the matter, and rescind your approval, consistent with constitutional and international standards.

“SERAP notes that the relationship between data principals and the authorities involves a power imbalance. Nigeria ought to provide the leadership in developing a data protection framework that is fully consistent and compatible with the protection of the fundamental and inalienable right to privacy.

“According to reports, some security agencies have received your approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties. The Minister of Communications and Digital Economy, Isa Pantami reportedly conveyed the approval to the relevant security agencies.

“Mr Pantami also reportedly stated that the approval would enhance security as it would help security operatives to go after kidnappers and other criminals.

“The approval would now allow security agencies to access the data of the over 73 million Nigerians who have linked their National Identity Number with their SIM, and other people who may do so.

“While the effectiveness of the fight against serious crime may depend to a great extent on the use of modern investigation techniques, such an objective of general interest, however fundamental it may be, cannot in itself justify the unlawful or arbitrary interference with the right to privacy.

“Unlawful or arbitrary access to people’s personal details would contravene section 37 of the Nigerian Constitution 1999 (as amended), article 17 of the International Covenant on Civil and Political Rights, and article 5 of the African Charter on Human and Peoples’ Rights, which protect against arbitrary or unlawful interference with one’s privacy.

“Any constraints upon the right to privacy must strictly comply with the principles of legality, necessity and proportionality. These requirements are included in the Nigerian Constitution and the human rights treaties to which Nigeria is a state party.

“We would be grateful if the recommended measures are taken within 7 days of the receipt and/or publication of this letter. If we have not heard from you by then, SERAP shall take all appropriate legal actions to compel your government to comply with our request in the public interest”.

The letter was copied to Mr Abubakar Malami, SAN, Attorney General of the Federation and Minister of Justice, and Mr Isa Pantami, Minister of Communications and Digital Economy.

 

 

 

d Digital Economy.


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Ugo Onwuaso is an ICT enthusiast. He believes technology should be used for general good. He holds a Master of Public Administration (MPA) degree from the Lagos state University. Dear Reader, Your support matters. But we believe that technology makes life more exciting and helps improve the lives of people around Nigeria and indeed the world. That is why, we have devoted our energy to independent reportage of technology and finance and how they affect lives. Our incisive and analytical view of how technology news affects the daily life help individuals and organizations make up their minds. Quality journalism costs money. Today, we're asking that you support us to do more. Kindly support our effort to deliver technology and finance journalism to everyone in the world. Donate as little as N1,000. Bank transfers can be made to: UBA Plc 1017156876 Communication Week Media Ltd

Telecom

PMCRG Invokes FoI, Asks NCC to Disclose Findings on Telecoms Competition Landscape

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Pervasive and Mobile Computing Research Group (PMCRG), a specialised re­search arm within Obafemi Awolowo University’s (OAU) Africa Centre of Excellence (ACE) ICT-Driv­en Knowledge Park, has formally requested the Nigerian Communications Commission (NCC) to release findings of a 2022 study on the telecommunications competition land­scape in Nigeria.

PMCRG Invokes FoI, Asks NCC to Disclose Findings on Telecoms Competition Landscape

Prof. Adeniran Oluwaranti, coordinator, PMCRG, in a statement, said that the request was made under the Freedom of Informa­tion Act (FOI), which underscores PM­CRG’s commitment to driving trans­parency and innovation in Nigeria’s rapidly evolving ICT sector.

According to Prof Adeniran, the NCC engaged the globally renowned consulting firm, PricewaterhouseC­oopers (PwC), in 2022 to assess com­petition in the critical areas of colloca­tion and infrastructure sharing (CIS) within the telecom industry.

However, despite the completion of the study, its findings have not yet been made public.

Oluwaranti led PMCRG, is seeking access to this report to support academic research, policy formation, and industry-wide inno­vations.

Oluwaranti explained the importance of the report and how the lack of transparency could slow progress in the telecom industry.

“The findings of the 2022 NCC study have the potential to impact both consumers and businesses sig­nificantly. For consumers, the report could shed light on the level of compe­tition in the telecom market, helping regulators ensure fair pricing and service quality.

“For businesses, the study could identify new opportunities for infra­structure sharing and improved market access.

“Ultimately, this report could lead to policy decisions that shape the fu­ture of Nigeria’s telecom landscape, ensuring that it remains competitive and innovative,” said Prof. Oluwaran­ti.

Oluwaranti, expressed optimism about the release of the report.

“We are hopeful that the NCC will adhere to the FOI request and release the report. Transparency is key to fostering an innovative and compet­itive telecommunications sector. We believe that having access to this data will benefit not only the academic community but also the entire coun­try by promoting evidence-based pol­icy making,”.

“The CIS segment is crucial to fos­tering competition in Nigeria’s tele­communications landscape. With the report’s findings, give stakeholders a clearer understanding of the current competitive landscape, the challenges, and the growth opportunities. This is vital not only for improving regula­tory frameworks but also for driving innovation in areas like 5G/6G net­works, cybersecurity, and rural con­nectivity”, the statement reads.


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NCC Plans 6G Spectrum Deployment to Expand Wi-Fi Access

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Nigerian Communications Commission (NCC) has announced plans to deploy the 6G spectrum in Nigeria to enhance access to Wi-Fi technology.

NCC Plans 6G Spectrum Deployment to Expand Wi-Fi Access

Speaking on Thursday at a consultative forum on emerging technologies in Lagos, Aminu Maida, executive vice-chairman of the NCC, highlighted the need for efficient management and utilisation of spectrum resources.

The event, tagged ‘The Use of 6GHz (5925-7125) MHz for WiFi and IMT Applications in Nigeria’, sought input from stakeholders on how the new frequency band can be optimally used.

Maida, represented by Abraham Oshadami, executive commissioner of technical services at the NCC, explained that existing spectrums, including 5G and 2G, are becoming congested due to increasing demand, necessitating the introduction of additional frequency bands such as 6GHz.

“The 6GHz band offers a substantial increase in available spectrum, crucial for supporting the growing demand for high-speed internet and advanced applications,” Maida said.

“Wi-Fi plays a crucial role in the distribution of fixed broadband connectivity in homes, offices, and various other environments.”

Maida further explained that with Wi-Fi 6, users will benefit from increased capacity, enabling seamless connectivity for emerging technologies such as virtual reality (VR) and augmented reality (AR), which current spectrums cannot fully support.

He added that the introduction of unlicensed Wi-Fi 6 will lower the cost of internet access.

Caroline Alenoghena, a telecommunications engineering professor at the Federal University of Technology, Minna, stated that the introduction of the new spectrum is necessary to reduce congestion in existing Wi-Fi frequencies.

She noted that the 6G band would create new opportunities for start-ups in the digital services sector.

Tony Emoekpere, president of the Association of Telecommunications Companies of Nigeria (ATCON), emphasized that the proper allocation of the 6G spectrum would enable the deployment of diverse technologies and help democratise access to urban, semi-rural, and rural areas.

He said, “Foreseeable challenges are things like infrastructure requirements, the whole of investment that’s required, competing technologies, because some of these technologies are still being developed.”

Emoekpere described the consultative forum as standard practice in the industry to ensure that all stakeholders are involved in the development of new technologies and policies.

 

 

 


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IFC, Airtel Africa Partner to Increase Access to High-speed Mobile Connectivity in sub-Saharan Africa

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IFC has provided new financing to three of Airtel Africa plc’s subsidiaries with the aim of bringing high-speed mobile connectivity to more than 37 million subscribers in sub-Saharan Africa.

IFC’s $200 million loan will support the expansion and modernization of Airtel Africa’s network, as well as further investment into its distribution infrastructure, with a continued focus on rural areas.

Across Africa, approximately 600 million people lack access to 4G mobile coverage. In many countries across sub-Saharan Africa, the availability of mobile internet, and network performance, are below regional averages.

Despite this connectivity gap, up to 86 percent of firms on the continent use mobile phones for business operations, according to IFC’s recent report on digital connectivity in Africa. IFC’s financing is intended to help close this gap.

The new financing will take the form of a sustainability-linked loan, with key performance indicators related to the main pillars of Airtel Africa’s sustainability strategy: digital connectivity focused on smartphone adoption rates, financial inclusion for women, and gender balance within Airtel Africa’s own management team.

These three metrics will contribute to bridging the digital divide in Africa and support the equitable distribution of economic opportunities, poverty reduction, and financial stability across the continent. Most of the financing package is denominated in local currency, which IFC is providing to reduce the impact of currency volatility.

“IFC’s partnership with Airtel is critical to expanding high-speed connectivity in Africa,” said Mary Porter Peschka, IFC’s Regional Director for Eastern Africa. “Better connectivity means more opportunity. Our work with Airtel will help millions more people not only to come online but also gain access to high-speed networks so that they can better leverage the digital economy opportunities.”

With limited banking infrastructure in East Africa, mobile network operators are, in many cases, the only providers of financial services for consumers in these markets. In particular, women are especially reliant on this form of mobile banking.

Increasing digital connectivity is therefore a way to increase financial and gender inclusion.

Airtel Africa intends to partner with local and regional financial institutions to further enhance the mobile money eco-system by providing additional financial services to all customers across the region, further enabling the economic empowerment of women.

Airtel Africa’s Group CEO, Sunil Taldar said: “The expansion of our network is critical to our ambition of bridging the digital divide across Africa. This ambition can only be unlocked through continued investment into the region, and we welcome the partnership with IFC to enable this and further support our sustainability strategy of transforming lives and building better futures for communities across Africa.”


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