REGULATORY FRAMEWORK FOR THE USE OF ICT IN NIGERIA
The function of the government is to govern, and often this entails passing legislation and establishing rules that aim to restrain particular types of activity. In Nigeria, there are laws that have been put in place to regulate the use of ICT, especially transactions and interaction that occurs online and they include the following
a) The Nigerian Data Protection Regulation, 2019 (NDPR):
This is a legislative framework that establishes rules for the gathering and handling of personal data from individuals in Nigeria. According to Section 1.1, this Regulation’s goal is to;
i. To safeguard the rights of natural persons to data privacy;
ii. To foster safe conduct for transactions involving the exchange of personal data;
iii. To prevent manipulation of personal data; and
iv. To ensure that Nigerian businesses remain competitive in international trade through the safeguards afforded by a just and equitable legal regulatory framework on data protection which is in tune with best practice.”
b) The Cybercrimes (Prohibition, Prevention) Act, 2015:
This Act primarily provides for offences that are committed online and the attendant consequences. Sections 6 – 36 of the Act provide for some of these offences are stated below:
i. Unlawful access to a computer (hacking), unauthorized modification of computer systems network data and system interference.
ii. Unlawful destruction and abortion of electronic mails or processes through which money and or valuable information is being conveyed.
iii. Willful misdirection of electronic messages.
iv. Computer-related forgery.
v. Computer-related fraud and fraudulent issuance of electronic instructions.
vi. Electronic card-related fraud, dealing in the card of another and purchasing or sale of the card of another.
vii. Identity theft and impersonation.
viii. Breach of confidence by Service Providers.
ix. Manipulation of ATM/POS terminals.
x. Phishing, spamming and spreading of computer viruses.
xi. Use of fraudulent devices or attached e-mails and websites.
c) The ISO/IEC 27001 2013 Standard
This is also known as ISO27001 and it is the international standard that sets out the specification for an information security management system (ISMS). It creates a framework that helps organizations establish, implement, operate, monitor, review, maintain and continually improve their information security management system. Complying with the ISO27001 provisions/standard is information security best practice and is essential to demonstrating data protection compliance.
d) The Nigerian Communication Act
The Act was enacted in 2003 to create a regulatory framework for the Nigerian communications industry. The Act established the Nigerian Communications Commission (NCC) as an independent National Regulatory Authority (NRA) for the Telecommunications industry in Nigeria. The Act further created provisions for the Licensing and operations of telecommunications service providers and other related Matters
e) The National Broadcasting Commission Act
The Act was first promulgated as a Decree on 24 August, 1992. However, the Decree and its amendments have been adopted as an Act of the National Assembly. The National Broadcasting Commission Act, therefore, regulates radio broadcasting activities in Nigeria, as well as the licensing of Cable, DTH and all terrestrial radio and television services. It aims to implement the National Mass Communication Policy of the Federal Republic of Nigeria and also sets standards with regard to the contents and quality of materials being broadcast over the country’s radio waves