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Association Calls for Data Protection Legislation in Nigeria

“The bill is expected to contribute to the legal foundations of the digital economy of Nigeria and its participation in the regional and global economies through the beneficial, trusted use of personal data to help mitigate issues on data leakage, and ensure confidentiality and privacy of data.”

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ALDAPCON press conference
R-l: Chairman of the Association, Mr. Ivan Anya and the Secretary, Mr. Abdullaziz Ari, during a press conference in Abuja, recently

The Association of Licensed Data Protection Organisations of Nigeria (ALDAPCON) has advocated the need for the principal data protection legislation law to be put in place as the country pursues its digital transformation agenda.

The Chairman of the Association, Mr. Ivan Anya, in a press conference, said the Data Protection bill when passed into law will address the data privacy and confidentiality of Nigerians, enable secure dataflow, economic development, and improve national security, job creation and better global positioning.

He said this will also enable data processors and data controllers to have significant clarification of duties and responsibility for the protection of rights of data subjects (citizens).

“From inception of our work in the industry we actually face a whole lot of this level of resistance, some of them are still there, some are still waiting for sectoral regulators to advise them as to what direction they should take, not understanding by themselves why they should ensure compliance. We also have the issue of technicality that is prevalent within the ecosystem; instances where you have businesses hosting Nigerians’ data outside of the country. You need to ensure that such hosts of Nigerians data are hosted in full compliance with the Nigerian data protection regulation.

“The big issue is the aspect of the law. We are hopeful that as soon as the data protection bill is passed, it will address a whole lot of the technical and procedural issues we face now in terms of compliance.

“The bill is expected to contribute to the legal foundations of the digital economy of Nigeria and its participation in the regional and global economies through the beneficial, trusted use of personal data to help mitigate issues on data leakage, and ensure confidentiality and privacy of data.”

Speaking on the objectives of the association, Mr. Anya said Data Protection Compliance Organisations (DPCOs)  under the  umbrella body ALDAPCON as the privacy overseers in the country,  focuses   on driving  data compliance in the industry which  include to provide credible and authoritative data protection advisory to government, private and public organisations in Nigeria

“So we are currently running our second year since inception and we have been working with the Nigeria Data Protection Bureau (NDPB) in championing what should help guide data protection practice in Nigeria.

“The data protection compliance model is the only one of its type globally and no other country currently practices what we do. It is called the Public Private Partnership (PPP) arrangement where the supervising authority in this case, the NDPB has delegated some of its functions to the DPCOS to go to business organisations and assist them achieve compliance, this is what exactly we do,”

He said the association is helping create awareness on the importance of data protection and cyber security as well as the provision of data protection regulation in Nigeria.

“[This is] in addition to being the body of knowledge for data subjects on the Nigerian data protection legislation and its execution; as well as working with stakeholders to influence and assess the impact of data protection in Nigeria.”

He added that ALDAPCON has also provided certification training in data protection as well as the implementation and filling of gaps that may arise in the course of an audit assessment of how an organisation is compliant to the data protection regulations or the laws.

Assessment in areas of default and ensuring that at every point in time businesses are in full compliant with the requirements of the regulations

He noted that the data privacy sector has recorded significant achievements.  Between 2020 and 2021, compliance recorded 68% improvement. “We are hopeful that by the time the 2022 report comes out during the data privacy week of 2023; we’ll see exactly what has happened or what level of progress has been achieved.”

He added that the need assessment audit report published early this year for 2021 shows that there has been a significant improvement in terms of compliance within the fintech sector which has been quite remarkable.

The Secretary of the Association, Mr. Abdullaziz Ari disclosed that the Association is coming up with standards to guide compliance in the industry, developing capacity within the ecosystem  and most importantly, to create awareness on how to assist the ecosystem comply with the requirements of the regulation.

“Well, for now we try to focus mostly on the public and private sectors. The memos will help bridge the gap in the public sector as the private sector has been more responsive in terms of compliance” Ari added

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SIM Boxing, And The Unboxing of a Crime Syndicate

Writer: Suleiman Bala Bakori

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SIM card

Boxes have a multitude of uses, and the word “box”, lends itself to diverse contexts. For “Ajala Travelers,” the box is a necessity for keeping goods for their endless journeys. In literature, idiomatically, it can be said that “one has been boxed into a corner;” another might say to deal with a conundrum: “think outside the box;” then there is the “Pandora’s box” that no one wants opened.

To “box one’s ear’s” refers to a hit on the head, especially around one’s ears. For those who celebrate Christmas, “Boxing Day,” which is the 26th of December, the second day of Christmastide is not to be joked with: A day to unbox gifts. So much for the box.

Another type of boxes exists in the telecommunications world: The SIM Box. Have you ever received an international call but saw a local phone number ring in? That is SIM Boxing in action. Let me explain.

SIM boxing happens when a person uses a special equipment, what is called a SIM Box containing tens to hundreds of SIM Cards—from 32, to 96, to 512 and more SIMs —to terminate international calls by bringing in the international call into the SIM Box using internet connections and regenerating the calls to the called party from one of the hundred SIMs in the box.

This way, the called party will see the local number of the SIM from the SIM Box, and not the original international number calling.

With SIM Boxes, the syndicate charges international call carriers lower rates than what regular Nigerian telecommunications operators would charge, as they do not have to pay the full cost of maintaining and operating a phone network.

Basically, they are bypassing the normal route for international phone call termination to terminate international calls cheaply and making windfall profits off it.

Take for instance, a telecommunications operator in Nigeria would ordinarily charge international carriers 10cents per minute for terminating an international call in Nigeria. However, by routing the call through a SIM Boxing syndicate, the international telecommunications carrier only pays a fraction of the charge to the syndicate, say 5cents per minute and does not have to pay the full 10cents per minute charge.

The SIM Boxer will terminate this call to the called subscriber at a rate of, say N15 per minute using one of the SIM cards in their SIM Box. The SIM Boxer thus makes a killing from the differential between the rate charged to the international carrier and the rate paid to telecommunications operators whose SIM they utilise in their SIM Boxes, at the expense of our national security and income of mobile network operators and quality of our service to consumers.

Asides the revenue loss that local mobile network operators suffer courtesy the activities of these syndicates, networks face congestion around areas where the illegal call routings via SIM Boxing occurs. With the huge traffic from the boxes, callers around the area see more dropped calls, poor call quality, and slower data speeds.

The introduction of the linking of National Identity Numbers (NIN) to SIMs is one way the Federal Government has worked to tackle this criminal enterprise. With every SIM in the country being linked to an NIN, an identity is tied to the owner of each line, and regulators now have visibility of ownership. That is not all. There is also the “Max-4 Rule” where a subscriber is not allowed to have more than four lines per network operator linked to his NIN. With this rule in place, coupled with the NIN-SIM Linkage, every telephone subscriber in Nigeria would not just be accurately identifiable but limited to having only four telephone lines per subscriber.

To enforce this rule, the Nigerian Communications Commission (NCC) on the 29th of March 2024 announced the deadline for Mobile Network Operators to bar all subscribers who had five lines and above, and whose NIN failed the verification test of biometrics matching.

Over the last few weeks, sources within the NCC have confirmed cases where a single NIN was linked to over 100,000 lines.

Some NINs had well over 10,000 SIMS linked to them, others over a thousand, others had hundreds. Many have questioned the reports and asked, what would any single reasonable person be doing with these number of lines? Justifiable questions, because no sane person—who is not running a business—should own more than five SIM cards.

Given the ‘Max 4 Rule’ in place and the NIN-SIM Linkage Policy, SIM Boxers have been boxed into a corner.

The applications they use require tens to thousands of SIM Cards, and the imperative to stay anonymous. If these policies are well and fully implemented, this is the death knell for SIM Boxing merchants.

But the regulator, NCC needs to be fast and ready for the battle ahead. SIM Boxing is a billion-dollar criminal enterprise. They are not going to go down without a fight. It is like taking a bone being chewed from the mouth of a bulldog.

Already, the battle seems to have kicked off. A lawyer, Barrister Olukoya Ogunbeje has recently taken the Federal Government, NCC and Mobile Network Operators to court, claiming that the barring of SIMs not linked to NINs goes against his fundamental human rights, and has cost him the loss of business opportunities.

Anyone who has Nigeria’s interest at heart ordinarily supports this policy. It then does not add up seeing a so-called activist lawyer take up such a matter that is clearly against the public interest—unless this is the Haka cry of SIM Boxers.

A most interesting observation with his case is that it is not even a class action, but individually driven. It begs the question then, who is funding Barr. Olukoya Ogungbeje? What is his interest in fighting this policy that puts paid to the business of a criminal enterprise? Is he funded by interests in the SIM Boxing world? Time would tell. But in the meantime, NCC must go head on without fear or intimation and clean the Augean stable of SIM ownership in Nigeria.

Suleiman Bala Bakori is a researcher, and writes from the FCT.

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inq.Digital Supports Payments Forum Nigeria [PAFON 1.0]

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PAFOn 1.0
PAFON SPEAKERS

Inq. Digital Nigeria Limited has been announced as a sponsor of Payments Forum Nigeria [PAFON 1.0] maiden edition holding this Thursday in Lagos.

inq. Digital Nigeria Limited, a subsidiary of inq. Group is an emerging leading digital and cloud solutions provider that delivers simpler seamless solutions to complex business challenges.

With offices in Lagos, Abuja, Port Harcourt and Kano, inq. provides reliable and affordable Intelligent Connectivity, SDN/NFV, Cloud and Digital services (including Edge –AI) for Nigerian businesses including those in the payment space.

Participation is FREE, however, pre-registration is required: https://bit.ly/4c4N19H.

Speaking ahead of Payments Forum Nigeria [PAFON 1,0] scheduled to take place at Oriental Hotel, Lekki Road, Lagos on Thursday, March 21, 2024 by 9am under the theme: “Payments: Trust, Security and Privacy in AI Era”, Mr. Chike Onwuegbuchi, the co-founder of TechCastle Foundation, the organisers, said the goal is to enable information exchange and knowledge sharing on key industry insights issues amongst key stakeholders, with the objective of ensuring a collaborative and proactive approach to push for policies that enable growth, tackling/mitigating fraud and limiting occurrences and losses.

Speakers

The following speakers are lined up for the Forum: Chibuzo Efobi, Director, Payments System Management, Central Bank of Nigeria (CBN); Festus Amede, Chairman, Committee of Chief Information Security Officers of Nigerian Financial institutions (CCISONFI; Dr. Adewale Peter Obadare, Chief Visionary Officer (CVO), Digital Encode Limited; Adetokunbo Omotosho, Chief Executive Officer, Cybervergent; Roosevelt Elias, Founder, Payble; Ikenna Ndugbu, chief compliance officer, Moniepoint MFB, and Peter Evbota, Sales Director at inq. Digital Nigeria Limited.

Payments Forum Nigeria is organised by TechCastle Foundation and sponsored by: inq. Digital Nigeria Limited, Cybervergent, Moniepoint, Digital Encode Limited, Payble with support from the Central Bank of Nigeria (CBN).

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Meet Kingsley Adonu

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In the dynamic world of entrepreneurship, there are visionaries who not only navigate the business landscape but redefine it. Meet Kingsley Adonu, the Founder and Chief Executive Officer of the SMobile Group, a conglomerate that stands as a beacon of excellence and diversity in the global business arena.

Kingsley Adonu is a visionary entrepreneur and the Founder of the SMobile Group, a conglomerate synonymous with excellence and diversity. As the Chief Executive Officer, he has steered the group to remarkable heights, overseeing a spectrum of businesses that span across Telecommunications, Oil and Gas, Real Estate, Hospitality, Water Production, Agriculture, Technology, E-commerce, Energy, Sports, Entertainment, Education, Health, Logistics and Financial Services, with branches extending globally to UK, USA, China, South Africa, and Canada.

Under Kingsley’s astute leadership, SMobile Group has emerged as a major partner for MTN, evident in the impactful presence of the SMobile brand in the telecommunications landscape. His strategic insights and forward-thinking approach have positioned the group as a dynamic player in multiple industries.

Beyond the boardroom, Kingsley Adonu is a dedicated philanthropist, committed to making a positive impact in communities. His philanthropic efforts extend beyond business, reflecting a deep-seated belief in the responsibility of successful individuals to contribute meaningfully to society.

Kingsley’s influence is not confined to national borders; he has actively participated in numerous international telecom conferences, further enriching his understanding of global industry trends and fostering valuable connections with industry leaders worldwide.

With an unwavering commitment to excellence, Kingsley Adonu continues to inspire and lead the SMobile Group towards new horizons, blending business acumen with a passion for positive societal change.

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