The
attention of the National Information Technology Development Agency (NITDA) has
been drawn to a publication ascribed to the Chairman of the Association of
Licensed Telecommunication Operators of Nigeria (ALTON) published in the media regarding
certain regulations and guidelines issued by the Agency.
For
avoidance of doubt, NITDA has enjoyed a cordial and cooperative relationship
with all sector regulators and we have consistently engaged them on all
regulations and guidelines issued by the Agency. In this vein, NITDA has significantly
socialized the Nigeria Data Protection Regulation (NDPR) 2019 and the Public
Internet Access Regulation 2019 as referenced in the publication. The Agency is
delighted with the support of several institutions in complying and promoting these
regulations.
For
clarity, no single regulator in Nigeria has a converged mandate on ICT in the
country. Various Agencies have different roles to play in developing and
regulating ICT in Nigeria as dictated by their mandates and enabling laws. Furthermore,
no single entity is regulated by only one regulator in Nigeria, regulators in the
country work in a cooperative and complementary capacity, resolving mandate
overlaps in a cooperative manner. ALTON,
as with various industry groups, are expected to comply with various
professional, sector, geographical and international regulators when their
operations so demand. This understanding has been shared between NITDA and
other regulators in Nigeria.
It
may be recalled that NITDA issued five regulatory instruments on the 25th
January, 2019, two of which were referenced in the publication. We wish to draw
the attention of the public to the following:
(a)
The
Framework and Guidelines for Public
Internet Access (PIA) 2019 was
issued to ensure the safe use of free or subsidized publicly accessible
internet service in Nigeria. NITDA has been inundated by concerned stakeholders
to check the regime of publicly accessible internet service considering its
national security dimensions.
The
Framework and Guidelines aims to create and promote a mutually beneficial and
friendly environment for both public internet access providers and users in
Nigeria. The Regulation is directed at Public Internet Access Providers
(PIAPs). PIAPs include any business or other entity that provide internet
access without charge or offers a partially subsidized internet access to
members of the public. The concerns which NITDA aims to address through this
regulatory instrument are:
·
Cyber
security and cyber crime;
·
Personal
data breaches; and
·
Crime
detection, prevention and investigation.
NITDA
is enabled to address these concerns by virtue of Section 6(c) and (m) of the
NITDA Act which mandates the Agency to provide Guidelines for electronic data interchange in Nigeria and to
accelerate internet and intranet penetration in Nigeria and promote sound
internet Governance.
(b) The Directives for Registration of Data Centre Facilities in Nigeria was
issued pursuant to Section 6 of the NITDA Act 2007 which empowers the
Agency to:
(a)
Create
a framework for the planning, research, development, standardization, application,
coordination, monitoring, evaluation and regulation of
Information Technology practices, activities and systems in Nigeria and all
matters related thereto…; and
(h)Create incentives to promote the use of information
technology in all spheres of life in Nigeria including the development of
guidelines for setting up of information technology systems and
knowledge parks.
Data Centre operations are
principally information technology systems which support the entire IT
value-chain. Reference to Executive Orders 003(2017) and 005(2018) mainly cites
the added Presidential Directives on local content promotion. The fundamental
mandate arises from the NITDA Act which has been cited above. Furthermore, the
Guidelines for Nigerian Content Development in ICT (2019) explicitly provides:
Data and Information Management Companies shall:
1.
Register their products, capabilities and organization on the NITDA
portal. The service will be provided free of charge and devoid of bureaucracy
and will ensure NITDA awareness of available resources.
2.
Host government data locally within the country and shall not for any
reason host any government data outside the country without an express approval
from NITDA and the SGF.
The Nigerian Content Guidelines is a
salutary example of regulatory cooperation between NITDA and ICT stakeholders
to promote Local Content in Nigeria. The above provisions anticipate the role
of NITDA in the regulation and promotion of Data Centers in Nigeria. The Agency
is not averse to any Regulator demanding compliance as it relates to the
operation of Data Centers that touches on the Regulator’s mandate. Interestingly, Data Center operators have openly
commended NITDA for the improved enforcement of regulations and policies which
has led to significant increase in Data Centre patronage in the last three
years.
(c) The report further purports to take issues
with the classification of Internet Protocol address, IMEI number, IMSI number
etc. as personal data under the Regulation. The report assumes this amounted to
usurpation of the NCC’s regulatory mandate. This is a patent misreading of regulatory
frameworks. In the absence of a National Assembly-enacted legislation on Data
Protection, Section 6 (c) of the NITDA Act 2007 specifically empowers the
Agency to:
“Develop guidelines for
electronic governance and monitor the use of electronic data interchange and
other forms of electronic communication transactions as an alternative to
paper-based methods in government, commerce, education, the private and public
sectors, labour, and other fields, where the use of electronic communication may improve the
exchange of data and information.”
Furthermore,
NITDA was established to implement the National IT Policy of 2000. Article
5(xix) of the Policy provides…Government will establish a National
Information Technology Development Agency to implement the IT Policy, regulate,
monitor, evaluate and verify progress on an ongoing basis…
Also,
Strategy 13.3(iii) of the Policy further provides ...Ensure the
protection of individual and collective privacy, security, and confidentiality
of information…
While
it is global practice for sector regulators to give sector specific directives
and regulations on how certain issues are to be addressed, this does not
restrict the right of Government Agencies to issue regulations which cover the
field as is the case in this matter. NITDA is in active collaboration with all
sector regulators to ensure full compliance with the NDPR. The aggregate
consensus of most stakeholders is that the NDPR is a laudable regulation which
would further improve the Nigerian business environment and help attract
foreign direct investment.
Finally,
we advise that it is not in the strategic interest of interest groups to
attempt to set Government Agencies against each other just because of its
short-term benefits. NITDA is clear about its mandate as provided by the
enabling law and will not be overawed by powerful interest groups to implement
its mandate which is to the overall benefit of all Nigerians. It should also be
noted that violation of the Regulatory Instruments of NITDA is a criminal
offence and punishable with fine, imprisonment or both.
The
National Information Technology Development Agency (NITDA) is a Federal
Government Agency established in April 2001 to implement the Nigerian
Information Technology Policy as well as coordinate general IT development and
regulation in the country. Specifically, Section 6(a, b, c & m) of the Act
mandates NITDA to create a framework for the planning, research, development,
standardization, application, coordination, monitoring, evaluation and
regulation of Information Technology practices, activities and systems in
Nigeria; provide guidelines to
facilitate the establishment and maintenance of appropriate infrastructure for
information technology and systems application and development in Nigeria for
public and private sectors, urban-rural development, the economy and the
government; and accelerate internet and intranet penetration in Nigeria and
promote sound internet Governance by giving effect to the Second Schedule of
the Act.
Emmanuel Edet Esq,
Head,
Legal Services & Board Matters,
National Information Technology Development
Agency, Corporate Headquarters, Abuja
14th
August, 2019
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