Socio-Economic Rights and Accountability Project, SERAP, has urged President Muhammadu Buhari to urgently review and rescind his reported approval for security agencies to access subscribers’ personal details via NIN-SIM linkage without due process of law.
SERAP also 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.
SERAP made the request in a letter to President Buhari, dated February 5, 2022, by SERAP Deputy Director, Kolawole Oluwadare and made available to Vanguard on Sunday.
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.
The organisation stated: “If your reported approval is not rescinded, millions of law-abiding Nigerians may feel that their private lives are the subject of constant surveillance.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.
Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary.”
The letter, read in part: “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.
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.”
