National Data Protection Bill to be represented as Executive Bill by October

NASS pledges quick passage

The Senate has promised to ensure quick passage of the National Data Protection Bill as soon as it gets to the National Assembly to give legal backing to the National Data Protection Bureau (NDPB) and ensure that data of Nigerians are protected and law adequately protects organisations.

The Data Protection Bill 2018 was passed by the National Assembly on May 16, 2019 and transmitted to the President for assent but was not assented to by President Muhammadu Buhari.

Chairman Senate Committee on Information Communication Technology (ICT) and Cybercrime, Senator Yakubu Useni stated this at a one-day workshop on Data protection for members of the National Assembly organised by the Nigeria Digital Identity for Development (NDID4D) project, yesterday in Abuja.

He explained that the legislation ought to have seen the light of the day since 2019 but unfortunately when the bill was sent to the president, it was not assented to.

Useni, who observed that the Bill would now be represented to the National Assembly as an executive Bill, said, “I believe that it will see the light of the day now that it is coming from the Executive. NDPB is an agency set up to protect the data of individuals and organisations. Before, there was no such law.

“I want to assure that as National Assembly members, we will make sure we do justice to the bill. We need to give legal backing to the agency. We are waiting for them to bring the bill and we will ensure it gets to the president within one month.”

On the importance of the bill, the lawmaker said: “As an individual, you have the right to say no that someone shouldn’t use your data. It should be a law for somebody to say you consent before using your data. Your data is your property, your data is your life, your data is you, and before somebody has access to your data in any form then they have to seek your consent.”

The Chairman House Committee on Information Communication Technology (ICT) and Cybercrime, Abubakar Lado said: “As National Assembly, we are committed to the well being of Nigerians. We want to assure the agency that anytime the bill comes to us, we will ensure its speedy passage.”

On his part, Minister of Communications and Digital Economy, Isa Ali Pantami noted that the event was to sensitise National Assembly members before the executive bill is presented so that you (legislators) can plug all the gaps, adding that the bill will ensure the privacy and confidentiality of the data of citizens.

Also speaking, the National Commissioner of NDPB, Dr. Vincent Olatunji, while responding to questions, said that by October, 2022, the Bureau will send the bill to the Minister of Communications and Digital Economy, who will forward it to the Federal Executive Council (FEC) for it to be sent as an Executive bill to the National Assembly.”

Olatunji stated that the agency has created over 8000 jobs by certifying over 5000 data protection experts. “Our belief is that the bill will be passed before the end of this year.”

The Project Coordinator, Nigeria Digital Identification for Development (ID4D) Solomon Odole, said as partners, they need to carry all relevant stakeholders along to avoid what happened the last time that bill failed to get presidential assent. “We need to carry all relevant stakeholders along,” he said.

Giving an overview of the Current Data Protection Landscape in Nigeria, Thelma Okorie, an Associate at Banwo and Ighodalo, said that the National Data Protection Regulation (NDPR) serves as the extant regulation for data privacy in Nigeria, adding that a lot of work still needs to be done in ensuring that data protection scene remains up to date with the ever-changing digital world.

She observed that the NDPR, though a welcome addition in the legal space, has proved inadequate in substance, hence the need for a more robust and substantive legislation instead of regulation.

Speaking on the importance of a robust Data Protection Legislation in Nigeria, Olumide Osundolire, a Partner at Banwo & Ighodalo noted that the measure will prevent the misuse of data theft.

He explained that the Draft Data Protection Bill, seeks to among others, extend the scope of protection to legal entities and also protect all data and not just personal data, promote code of practice that ensures the privacy of and Protection of data subject’s data.