Plateau State Public Complaints Commission (PCC), an agency of the state established to investigate complaints of abuse of office, administrative injustice and other forms of official misconduct is allegedly collecting personal information from members of the public through its website with no privacy policy.
According to investigation by Foundation for Investigative Journalism (FIJ), PCC is falling short of a key transparency requirement under Nigeria’s data protection laws.
FIJ found on Tuesday that PCC collects personal information from members of the public through its website despite providing no privacy policy explaining how that information is collected, processed, stored or protected.
The commission serves as the state’s ombudsman, receiving complaints free of charge against public institutions and private organisations on issues including wrongful dismissal, victimisation and administrative negligence.
Yet, while its online complaint portal requests personal information such as names, phone numbers, email addresses, subject lines and complaint details, visitors are given no privacy notice explaining what becomes of that information after it is submitted.
The omission means visitors are not told why their information is being collected, how long it will be retained, the legal basis for processing it or the rights available to them as data subjects.
WHAT IS THE POSITION OF THE LAW?
The guidelines issued by the National Information Technology Development Agency (NITDA) are explicit: every government website is required to have a privacy policy.
Section 10.4 (i, ii) of the NITDA guidelines mandates all government websites to exercise diligence when collecting personal details or information about visitors on their websites.
The requirement is intended to ensure transparency and accountability in the handling of personal information, allowing visitors to understand why their data is collected, how it will be used and the safeguards in place to protect it.
Similarly, the Nigeria Data Protection Act (NDPA) 2023 requires data controllers to provide privacy notices to individuals before, or at the point of, collecting their personal information.
Such notices are expected to disclose, among other things, the purpose for collecting the data, the legal basis for processing it, the period for which it will be retained and the rights available to data subjects.
Section 27 of the NDPA states:
(1) Before a data controller collects personal data directly from a data subject, the data controller shall inform the data subject of the – (a) identity, residence or place of business of, and means of communication with the data controller and its representatives, where necessary;
(b) specific lawful basis of processing under section 25(1) or 30(1) of this Act, and the purposes of the processing for which the personal data are intended;
(c) recipients or categories of recipients of the personal data, if any;
(d) existence of the rights of the data subject under Part VI;
(e) retention period for the personal data;
(f) right to lodge a complaint with the Commission in accordance with section 46 (1) of this Act; and
(g) existence of automated decision-making, including profiling, the significance and envisaged consequences of such processing for the data subject, and the right to object to and challenge such processing.
Without a privacy policy, visitors have no way of knowing the commission’s data-handling practices or the safeguards, if any, in place to protect the personal information they submit through the website.
At press time, the Plateau State Public Complaints Commission’s website had no privacy policy.
