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The National Data Protection Commission (NDPC) has declared unconstitutional the Central Bank of Nigeria’s (CBN) mandate to banks to get their clients’ social media handles.
Citing the Data Protection Act of 2023, the National Commissioner of NDPC, Dr Vincent Olatunji, stated that before such directives from the CBN can be carried out, banks and other financial institutions must obtain the consent of the data subject, which is the bank customers, and the owners of the social media handle.
Olatunji who made this known during a virtual meeting yesterday with journalists said that directive of the CBN was inappropriate saying that the Commission would look into the directive of the CBN.
He noted that the banks have enough data materials in their possession to enable them know their customers stating that the consent of the data subject must be obtained before any data is obtained to avoid prosecution.
Speaking at the virtual meeting, which was the first of it with the media after the signing of the Data Protection Act of 2023, he said that the meeting is part of its awareness campaign to push the message of data protection across the country, adding that NDPC has begun the capacity building of its human resources to meet globally competitive standard
Olatunji disclosed that the NDPC as part of its capacity building would through the private sector train about 5000 Data Protection Officers (DPO) and issue them certify them to enforce the provision of the new Act saying that another 130,000 Data Compliance Organisation will form the team of the NDPC.
Giving insights into the possible conflict of the Act with with other exiting provisions on data protection, he said that the birth of the Act has made such provisions like the National Information Technology Development Agency (NITDA) Data Protection Regulation as the property of the Commission.
Olatunji further disclosed that the Act made provision for take-off grant from fund the Nigerian Communications Commission and NITDA as well as budgetary allocation from the Federal Government for a period of two years saying that the NDPC also hopes to make money through fines and DCO registration.
He added that the NDPC is working at having regional offices across the country stating that the new Act empower the NDPC to sanction public institutions with even the chief executive officers of such public institutions that contravene the Provisions of the Act getting a jail term
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