Contributor: Tunde Okunoye
Organization: University of the Witwatersrand, Johannesburg
Last update:
Chapeau
Please write a short paragraph (250 words or less) highlighting some of the things unique or specific to that country. This will serve as the blurb that pops up on the map/visualization that, when clicked on, will lead to the page with further detail. The goal is to both inform and entice the reader to learn more. This paragraph will also be cross-cutting and applying to the country across to all Categories, so it may need to be updated a few times accordingly as more submissions come in.
1.1. Which are the specific laws creating and regulating Digital ID and what is their hierarchy (constitutional, organic laws, regional/sub-state laws, regulations, procedures)?
- The specific laws creating and regulating Digital ID in Nigeria are the National Identity Management Commission (NIMC) Act 2007[1], and its associated policies.[2]
1.2. What is the definition of Digital Identity brought by the Law or regulation, if any?
- The laws and regulations do not define the term digital identity.
1.3. Which are the corresponding Data Protection laws, if existing?
- After several years of delay, the Nigeria Data Protection Act 2023[1] was signed in June 2023, in one of the first acts of the newly inaugurated President Bola Tinubu.
- (Taylor: Also some other sectoral laws, frameworks, previous acts still in effect as supplements, and the Constitution[2])
[1] https://placng.org/i/wp-content/uploads/2023/06/Nigeria-Data-Protection-Act-2023.pdf
[2]https://www.dlapiperdataprotection.com/index.html?t=law&c=NG#:~:text=The%20Nigerian%20Data%20Protection%20Act,and%20the%20regulatory%20body%20(Nigeria
1.4. What are the main elements of the Digital ID framework (scope, eligibility criteria, remedies)?
- The Digital ID framework is applicable in scope to all residents of Nigeria.
- (Taylor: section 16, registrable persons, page 9 of NIMC[1]. Applicable to citizens of nigeria, permanent residents of Nigeria, and non-citizens who have been residents of nigeria for at least 2 years).
1.5. Are there specific complaint mechanisms foreseen in the Digital ID and Data Protection laws?
- Part 10 of the Nigeria Data Protection Act 2023 has provisions for complaints and redress.
- (Taylor: section 30, miscellaneous offenses, page 15 of NIMC[1].
“Any person who . . .
(d) being an employee of the commission, unlawfully issues any Multipurpose Identity Card or makes any entry, alteration, or erasure on any multipurpose identity card
(e) unlawfully deprives any person of the Multipurpose Identity Card issued to any other person under this act”
Punishable by a fine of N100,000 or at least 6 months imprisonment or both.
Unclear if only chargeable by government or if it allows for private right of redress.)
1.6. Was public participation ensured when these were drafted and enacted? How?
- The Data Protection Act was produced through a process of public participation[1]. The NIMC Act less so, being largely driven by the political/economic elite working together with international development partners[2][3].
- (Taylor: Advertisement from the Legal Regulatory Reform working group soliciting commentary from public[4] for Data Protection Act).
- (Taylor: Privacy Impact Assessment Report, held interviews with selected members of the public belonging to special categories of marginalized people[5] for NIMC)
[1] https://www.techhiveadvisory.africa/report/towards-a-data-protection-legislative-framework-in-nigeria-accessing-the-regulatory-and-legislative-attempts-to-enact-a-data-protection-law
[2] https://nimc.gov.ng/docs/reports/strategicRoadmapDigitalID_Nigeria_May2018.pdf
[3] https://documents1.worldbank.org/curated/en/250181582340455479/pdf/Nigeria-Digital-Identification-for-Development-Project.pdf
[4] https://www.nimc.gov.ng/docs/adverts/Advert_for_review_of_Draft_Data_Protection_Bill_2020_for_print.pdf
1.7. Was there a Human Rights Impact Assessment prior to the enactment of the laws?
- A privacy impact assessment was made before the commencement of Nigeria’s digital ID project[1].
1.8. Does the country’s Digital ID framework reflect any particular digital ID model existing elsewhere (e.g., similar/comparable to X country)?
- Nigeria’s Digital ID follows India’s Aadhaar model.
1.9. What is the interrelation of these Digital ID laws with existing nationality laws (does Digital ID reflect nationality status, is nationality an eligibility criterion or only legal residence)?)
- Legal residence is the only eligibility criteria for enrolment in Nigeria’s Digital ID.
1.10. Court cases: Is there litigation going on? Has there been prior litigation? What are the specifics of those cases (list and summarize)?
- There was a litigation against privacy violations of the Digital ID mobile USSD code which inadvertently revealed personal information of enrollees[1]. The glitch was fixed while litigation was ongoing
. - (Taylor: Also a lawsuit in 2020 over privacy violations of NIMC[1] Unclear if case has progressed past submission of claims, had not been assigned judge in 2020).
[1] https://www.lawyard.org/news/national-digital-identity-card-ngo-seeks-injunction-against-nimc-for-data-breach-and-omission-to-conduct-data-protection-impact-assessment/
[1] https://ng.andersen.com/federal-high-court-affirms-the-data-privacy-rights-of-nigerian-citizens/
1.11. How has Digital ID been rolled out?
- Enrolment commenced in 2007 across the 36 states of Nigeria and the Federal Capital Territory.
1.12. Has there been any special measures to ensure access for vulnerable and isolated communities (e.g., for PwD, minorities, elderly) such as mobile offices or free legal aid? Are those measures provided for in law?
- An assessment report on the impact of the Digital ID on vulnerable communities was done[1]. The implementation of its findings is unclear.
- (Taylor: Also the NIMC Privacy Impact Assessment with special category citizen field interviews[2])
[1] https://documents1.worldbank.org/curated/pt/922031561717650301/pdf/Study-on-Marginalized-Groups-in-the-Context-of-ID-in-Nigeria-National-Identification-for-Development-ID4D-Project.pdf