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Socio-Economic Rights and Accountability Project (SERAP) has urged President Muhammadu Buhari to review and rescind his reported approval for security agencies to access people’s personal details via NIN-SIM linkage without due process of law.
SERAP is also urging 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’s appeal followed 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.
In a letter dated, February 5, 2022 and signed by SERAP Deputy Director, Kolawole Oluwadare, the organisation said: “If your reported approval is not rescinded, millions of law-abiding Nigerians may feel their private lives are the subject of constant surveillance.”
The letter was copied to the Attorney General of the Federation and Minister of Justice, Abubakar Malami, and Minister of Communications and Digital Economy, Isa Pantami.
SERAP said: “The interference entailed by unlawfully or arbitrarily accessing people’s personal details is far-reaching and must be considered to be particularly serious. The reported approval to allow security agencies to access people’s personal details via NIN-SIM linkage without due process of law directly interferes with the privacy, dignity and liberty of individuals.
“Interference with an individual’s right to privacy is not permissible if it is unlawful or arbitrary. 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.
“The risk of arbitrary or abusive interference shows the importance for your government to comply fully with the requirements of legality, necessity and proportionality.
“The right to privacy allows Nigerians to hold opinions and exercise freedom of expression without arbitrary or illegal interference and attacks.
“Private conversations of individuals – which belong to their intimate sphere and contribute to their personal development – also enjoy strong legal protection and can only be limited based on the principles of legality, necessity and proportionality.
“The reported presidential approval to security agencies does not align with the principle that any restriction on human rights capable of limitation should be the least intrusive means possible, and shall be necessary and proportionate to the benefit sought.
“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. Pantami reportedly conveyed the approval to the relevant security agencies.
“Pantami also reportedly stated that the approval would enhance security as it would help security operatives to go after kidnappers and other criminals.”
