NITDA Releases Guidelines for the Mgt of Personal Data

By Sarauniya Usman, Abuja

The National Information Technology Development Agency (NITDA),has released Guidelines for Management of Personal Data by Public Institutions in Nigeria, 2020.

This is made available in a statement
Signed by Head Corporate Affairs and External Relations,Mrs Hadiza Umar.

According to the statement, these Guidelines are issued as supplementary regulation to the Nigeria Data Protection Regulation (NDPR), 2019.

“The Guideline stipulates the requirements for the processing of personal data by Public Institutions in Nigeria. It is issued to reinforce the implementation of the NDPR”. “All the principles and provisions of the NDPR remain valid and applicable to all Nigerians including public institutions.

The Guideline requires all public institutions and any entity co-owned by the Government to process all personal data of Nigerians and Data Subjects in Nigeria in line with best practices and in conformity with the highest standards.

It takes cognisance of the fact that some public sector data processing may be founded on Vital or Public interest. This position of trust therefore requires public data controllers and processors to apply the highest ethical and professional standards in processing such data.

The Agency said it shall not hesitate to invoke the punitive sanctions provided in the NITDA Act 2007 and NDPR in the event of breach or abuse of personal data of Nigerians.

NITDA will not relent in its surveillance to ensure adequate compliance with the NDPR and these Guidelines.

“While we recognise the existence of constitutional limitations on privacy rights in the interest of public health and safety, yet such limitations must be based on defined frameworks”.

We urge all concerned parties to study these Guidelines diligently and apply them accordingly. We also encourage all parties to reach out to the Agency and seek clarifications or guidance when needed.

NITDA therefore implores all concerned parties to comply strictly with the requirements of these Guidelines and seek professional guidance from licensed Data Protection Compliance Organisations (DPCO) for the purpose of compliance.

NITDA recognises the need for collaboration in some cases between the public and private sector to tackle emergencies or other state-led interventions for the benefit of citizens.

Therefore, the Guideline provides a strict framework for these types of collaborations to ensure that the privacy of Nigerians is not unduly infringed. The COVID-19 pandemic, for example, has brought up the need for more personal data use to limit the spread of the virus.

It would be recalled that the Agency issued the NDPR in 2019 as Nigeria’s first comprehensive framework for the protection of personal data. The NDPR provides the principles and framework for the protection and processing of personal data of Nigerians and residents.

The Guideline and other regulatory instruments of NITDA are available on the Agency’s website: www.nitda.gov.ng

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