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FG Reinforces Data Protection Compliance in MDAs as NDPB Extends Deadline Notice to 20th January, 2023

In a bid to foster strict adherence to government’s data protection policies, Dr. Folasade Yemi-Esan, Head of the Civil Service of the Federation has issued a Guideline on Personal Information Technology Devices (PITeD) Provision and Usage in Ministries, Departments and Agencies (MDAs).

This was disclosed in a statement signed by Babatunde Bamigboye, Head, Legal Enforcement and Regulations at Nigeria Data Protection Bureau (NDBP).

The Guideline, according to the statement, “seeks, among others, to foster strict adherence to government policies and global best practice in respect of data protection; provide clarity on the legitimate uses required on the part of users and the consequences of breaching the provisions of the Guideline”.

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consequently, the guideline would ensure the reinforcement of data privacy and protection practices in MDAs, with each MDA ensuring that the usage of PITeD is consistent with Nigeria Data Protection Regulation and any regulatory instrument on data privacy and protection in Nigeria.

It would also ensure that the measures to be taken by each MDA for the purpose of data protection and accountability should include but not limited to the following: appointment and designation of a suitable officer within the MDA as a Data Protection Officer (DPO), ensure the development of a Data Protection Policy in line with Nigeria Data Protection Regulation (NDPR) and other applicable regulatory instruments on data privacy and protection.

It would be recalled that the Secretary to the Government of the Federation, Mr. Boss Mustapha, recently issued a service-wide circular directing MDAs to comply with the provisions of the NDPR.

Dr. Vincent Olatunji, National Commissioner, Nigeria Data Protection Bureau, lauded the Head of the Civil Service of the Federation for taking this bold and strategic measure.

According to him, “The Bureau sees this effort by the Federal Government as another clear demonstration of commitment to fundamental rights and freedoms which are often impacted by data processing”.

In view of this encouraging development in the public sector, the National Commissioner has approved an extension of time for data controllers and data processors to comply with the earlier notice on National Data Protection Adequacy Programme (NaDPAP) Whitelist. The deadline for the submission of details of Data Protection Officers/Contacts, among others, has now been shifted to 20th of January, 2023.

“Data Controllers and Processors who submitted before the deadline of November 25th, 2022 have been awarded full marks of 10 points under Accountability Metrics and Responsiveness to Regulatory Processes. This represents 10% of the total number of scores to be awarded in order to be eligible for inclusion on the NaDPAP Whitelist.

“The Bureau will also evaluate data controllers and data processors on other performance metrics including but not limited to Implementation of NDPR Compliant Privacy Policy; Sensitization of Data Subjects on Data Subjects Rights; Filing of Annual Compliance Audit Returns and Globally Acceptable Information Security Certifications”.

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