NCC calls for submissions on draft Data Protection Bill 2020

As part of the processes leading up to the enactment of the Federal legislation on Data Protection, the Nigerian Communications Commission has invited stakeholders and other interested persons to review and forward their submissions on the Draft Data Protection Bill 2020.

NCC, however noted that the submission should not be later than Thursday 10 September, 2020.

According to the commission, Data Protection Bill 2020 is a bill for an Act to establish the Data Protection Commission charged with the responsibility for the protection of personal data, rights of data subjects, regulation of the processing of personal dataand for related matters.

Enacted by the National Assembly, the primary objective of the Act is to establish and provide an efficient regulatory framework for the protection of personal data, regulate the processing of information relating to data subjects, and to safeguard their fundamental rights and freedoms as guaranteed under the Constitution of the Federal Republic of Nigeria, 1999 Constitution.

This will promote a code of practice that ensures the privacy and protection of data subject’s data without unduly undermining the legitimate interests of commercial organisations and government security agencies for
such personal data.

This Act will also help to minimise the harmful effect of personal data misuse or abuse on data subjects and other victims.

As part of the objectives, this will establish an impartial, independent and effective regulatory authority that will coordinate data protection and privacy issues and superintend over data controllers and data processors within the private and public sectors.

Most importantly, it will ensure that personal data is processed in a transparent, fair, and lawful manner, in accordance with the data protection principles stipulated in this Act or any other extant legislation.

The Act applies to the collection, storage, processing and use of personal data relating to persons residing in Nigeria
and persons of Nigerian nationality, by automated and non-automated means, irrespective of residence.

The categories of data to which the Act applies include personal and biometric data revealing a data subject’s identity, racial or ethnic origin, political opinions, religious or philosophical beliefs, sexual orientation or trade union membership.

Others include, personal banking and accounting records such as personal data revealing a data subject’s flight reservation or itinerary, student’s academic transcripts records, personal medical and health records, telephone calls, call data records, messages, websites, and other information stored on any electronic device.

On its part, NCC stated that the submissions should be directed via post/hand delivery or via email to the Legal and Regulatory Reform Working Group Secretariat, National Identity Management Commission (NIMC) Abuja, Nigeria while copies of the submissions should also be sent to NCC’s Executive Vice Chairman/CEO.

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