President Muhammadu Buhari has been asked to use his leadership position to quickly review and revoke the reported approval for security agencies to access people’s private details via NIN-SIM linkage.
The Socio-Economic Rights and Accountability Project (SERAP) made the appeal in a letter dated Saturday, February 5, 2022, and signed by its Deputy Director, Kolawole Oluwadare.
SERAP state that it became imperative to urge 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,” following reports that some security agencies have received presidential approval to access people’s personal details via the database of the National Identity Management Commission in the course of carrying out their duties.
“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.”
The organization noted that it believes “Violations or abuses of the right to privacy might affect the enjoyment of other human rights, including the right to freedom of expression and to hold opinions without interference.
“SERAP notes that the right to privacy can enable the enjoyment of other rights and the free development of an individual’s personality and identity, and an individual’s ability to participate in political, economic, social and cultural life.”
It emphasized that “Similarly, measures restricting enjoyment of the right to privacy must comply with the principle of proportionality, meaning that they must not unduly interfere with other rights of the persons targeted.
“In the digital age, protecting the right to privacy requires exceptional attention. While acknowledging the challenging issues that your approval may seek to address, SERAP is seriously concerned that this may be used as a pretext by security agencies to violate Nigerians’ right to privacy and other related human rights.
“The undermining of the universality of fundamental human rights, alongside the potential encroachment upon the enjoyment of the right to privacy raised by the presidential approval, suggests the urgent need to review the matter and rescind your approval, consistent with constitutional and international standards.
It also referenced the Nigerian constitution as its backbone for demanding that the approval be canceled, “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.”
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.
