TECH DIGEST- Nigeria Data Protection Commission (NDPC) has issued a Code of Conduct for Data Protection Compliance Organizations (DPCOs) in Nigeria. This strategic initiative signals the NDPC’s intensified focus on enforcement in the coming year, underlining the importance of professionalism among firms licensed to provide compliance services.

During a virtual meeting with DPCOs, Dr. Vincent Olatunji, the National Commissioner/CEO of the NDPC, emphasized the Code of Conduct’s critical role in ensuring adherence to rules and regulations, fostering sanity, and promoting industry growth. Olatunji urged DPCOs to recognize their role in implementing the Nigeria Data Protection Act (NDPA) 2023 as a public trust, emphasizing the need for a sense of responsibility in safeguarding privacy.

Under Section 33 of the NDPA 2023, the NDPC holds the power to license entities with expertise in data protection to monitor, audit, and report on compliance by data controllers and processors. Olatunji highlighted the unique Public-Private Partnership model, designed to instill trust and confidence in Nigeria’s digital economy, which relies on robust data processing.

The Code of Conduct outlines various compliance services offered by DPCOs, including awareness and capacity building, registration of data controllers or processors, development and implementation of compliance schedules, NDPA compliance audits, data privacy impact assessments, and facilitation and vetting of data privacy agreements.

To operate as a DPCO and provide compliance services, firms must obtain a license from the commission and have a certified data protection officer (DPO). As of November 2023, the NDPC has licensed approximately 163 DPCOs, with the Association of Licensed Data Protection Compliance Organizations of Nigeria (ALDAPCON) serving as the umbrella body.

Presenting the Code of Conduct to DPCOs, Babatunde Bamigboye, the Commission’s Head of Legal, Enforcement, and Regulations, highlighted the target objectives and principles, including Privacy Consciousness, Capacity Building, Accountability, Data Ethics, and Corporate Social Responsibility. All DPCOs will be held accountable in accordance with NDPA provisions, the Code of Conduct, and other regulatory instruments issued by the commission.

This initiative underscores the NDPC’s commitment to elevating data protection standards, fostering accountability, and ensuring ethical data practices in Nigeria’s digital landscape. As the NDPC takes proactive steps, it sets the stage for a more secure and privacy-conscious digital ecosystem.

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TECHDIGEST – Three years since the issuance of the Nigeria Data Protection Regulation (NDPR), a compliance solutions company, DataPro Limited has commended the National Information Technology Development Agency (NITDA) for ensuring that Nigeria continues to improve on data protection and privacy.

Team Lead, Data Protection and Privacy Compliance Department of DataPro Limited, Ademikun Adeseyoju, said the agency has not reneged on the performance of its oversight function as it has continued to improve, resulting in significant compliance by entities.

She said this was evident in its effort to hold entities accountable.

According to her, between 2020 and 2021, NITDA received audit fillings from 1230 entities, a 94 per cent growth from 2019/2020 filings.

Similarly, in its commitment to the creation of job opportunities, 42 additional entities were granted Data Protection Compliance Organisation (DPCO) license in 2021, bringing the total number of DPCOs to 102, of which DataPro is one.

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TECHDIGEST – The National Information Technology Development Agency (NITDA), has said the estimated value of the Data Protection Industry stands at N4.08 billion, even as the sector created 7,680 jobs in 2021.

NITDA while commending Lagos State University for developing data privacy into a full-fledged course for students, he said other academic institutions are also putting in place various mechanisms to entrench Data Protection in their curricula.

Addressing journalists ahead of National Privacy Week 2022, the Director-General of NITDA, Mallam Kashifu Inuwa, said 5,746 Nigerians have been trained on the National Data Protection Regulation (NDPR), while 103 Data Protection Compliance Organisations (DPCOs) were licensed.

“It is encouraging to note that we now have 103 DPCOs and we have created approximately 7,680 jobs for Nigerians in this regard. At the same time, the sum of N4, 080,000,000 has been reported as the estimated value of the Data Protection Industry. Part of our vigilance measures is to monitor DPCOs and data controllers closely,” he said.

“In 2021, we carried out training programmes on NDPR in 52 secondary schools across Nigeria. The various capacity building initiatives culminated in the training of a total number of about 5,746 Nigerian.

“We are particularly excited by the fact that Lagos State University has developed data privacy into a full-fledged course for students while other academic institutions are also putting in place various mechanisms to entrench Data Protection in their curricula.

Speaking on the impact of NDPR, Inuwa said “NDPR has made a landmark impact on data privacy in Nigeria. Significantly, NDPR has broadened citizens’ right to privacy as enshrined in Section 37, Part 4, 1999 Constitution of the Federal Republic of Nigeria.”

He said NDPR is a technical concept that encompasses the safeguards for the dignity of the human person, the safety of lives and livelihoods and the socio-economic integrity of a sovereign state in the frontiers of digital civilisation.

“Courts of competent jurisdiction have taken judicial notice of this phenomenal impact. A classic example is the decision of the Court of Appeal in the case of Incorporated Trustees of Digital Lawyers Initiative & Ors. V. National Identity Management Commission (NIMC) CA/ IB/291/2020.

“We must note that the administration of justice regarding data privacy is a critical index in assessing the adequacy level of a country; with this landmark decision, Nigeria has earned herself a pride of place in the frontiers of fundamental rights.

“Furthermore, before the advent of NDPR, organisations had no functional accountability system for data privacy. NDPR created a functional accountability system for data privacy”, NITDA DG noted.

He said the government has commenced the process of having a national certification body on NDPR in order to build the requisite indigenous capability for driving the sector and also save Nigerians the huge amount of foreign exchange being paid for foreign certifications.

“Furthermore, NITDA is collaborating with relevant agencies of government in strengthening compliance. Data privacy issues can make or mar democracies or literally undermine national security with far-reaching dire consequences to a country and its people.

“For instance, according to some investigative reports by some international news agencies such as CNN, Reuters, BBC and Guardian (UK), Twitter and Facebook deleted some social media accounts operating in Nigeria and Ghana because they were linked to some foreigners who were using the said accounts to manipulate the public.

“NDPR prohibits this manner of atrocious intrusion and manipulation of personal data. By collaborating as vanguards of Nigerian sovereignty, government agencies are sending signals to the big data community that it is not going to be business as usual,” he added.

“As the government implement National Digital Economy Policy, we cannot afford to have weak links in our digital national security architecture. We must, therefore, continue to strengthen inter-agency collaboration on data privacy in the interest of peace, security and economic growth,” he stated.

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TECHDIGEST – The National Information Technology Development Agency (NITDA) has published the Nigeria Data Protection Regulation (NDPR) Audit filing compliant organizations’ list for 2020 – 2021.

A statement issued by Mrs. Hadiza Umar, the Agency’s Head of Corporate Affairs and External Relations, said the list is an authoritative repository of organizations that have prioritized compliance with the NDPR, and has become a reference point for global law firms, multinationals, investors, and compliance enthusiasts.
The list indicates those organizations that have undergone the NDPR Audit process to ascertain their level of compliance, and identify areas for improvement.
According to the statement, all the listed organizations have engaged a Data Protection Compliance Organization (DPCO) to train their staff, and to implement basic data protection protocols.

The list which consists of 1,213 organizations from 13 sectors that contribute to Nigeria’s GDP, include Health, Transport & Logistics, Public Sector, Industrial and Extractive, ICT and Media, Energy and Power, Education, Finance, Commerce, and Consulting.
The comprehensive list is published on NITDA’s website and accessible through the link https://nitda.gov.ng/official-ndpr-audit-list-2021/

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