Lagos to establish Commission for personal data protection, processing

IBRAHIM QUADRI

 

Lagos State House of Assembly is set to enact law that would ensure the protection of personal information through data to guarantee their safety.

 

The House which held a public hearing at the Assembly premises to this effect, would empower a commission to address issues relating to data protection in the State.

 

This was contained in a proposed law titled, ‘A Bill for a Law to promote the protection of personal information processed by public and private bodies, establish minimum requirements for the processing and protection of personal information, establish the data protection commission and for Connected purposes.’

 

While giving the overview of the Bill, the Leader of the House, Hon Sanai Agunbiade said, the part of II of the Bill, “seeks to establish Lagos State Data Protection Commission, which has shall among other functions ensure that personal data is collected, held or processed in a manner as not to infringe on the privacy of a data subject.”

 

In the interpretation of the Bill, a data subject is any person who can be identified, directly or indirectly, by reference to an identification number or one or more factors specific to such person’s physical, physiological, mental, economic, cultural or social identity.

 

The Leader added, “In part III, clause 12, the Commission may by notice in writing served on any person such information as is necessary or expedient for the performance of its functions under this Law, in a form that is visible, legible and easy to move.

 

“In clause 5, “Any person who without reasonable excuse, fails or refuses to comply with a requirement specified in a notice, or who furnishes to the Commission an information known to be false or misleading in a material particular, commits an offence, and is liable on conviction to a fine not exceeding N1,000,000 or to a term not exceeding two years or both.

 

“In clause 16(1), the Commission may apply to the Court for an order for the expeditious preservation of data, including traffic data, where it has reasonable grounds to believe that such data is vulnerable to loss or modification.

 

“In clause 20, an authorized officer may enter and search any premises for the purpose of discharging any function or exercising any powers under this Law.”

 

He explained that “It however provided a proviso that such authorized person shall not enter or search premises without providing to the owner, a warrant issued by a magistrate.

 

“Anyone who obstructs an officer to enter for or provide assistance for relevant information.or gives misleading information commits an offence and shall be liable upon conviction to a fine not exceeding N1,000,000 or term not exceeding two years or both.”

 

The Deputy Speaker, Hon Wasiu Eshinlokun-Sanni, who spoke on behalf of the Speaker, Rt. Hon. Mudashiru Obasa said the proposed law would not run contrary to Act of national Assembly, citing that every law made at the federal level could be domesticated in the States.

 

The Deputy Speaker said one of such laws was the Child Right Act already domesticated in Lagos State, noting that “where we have legislative competence, the laws of the states will not run contrary to national Assembly Act.”

 

In his welcome address, the Chairman House Committee on Science and Technology, Hon Afinni Suleiman said the advent of social media has enabled information to be shared easily, saying however there are advantages and disadvantages associated with the trend.

 

He explained that one of the disadvantages of the information shared as to do with fake news and unpermitted use of private data.

 

Hon Afinni stated that the Bill intends to ensure that transactions are done in the right manner, data protection and promotion.

 

Almost all the stakeholders who spoke urged the House to look into the provision for annual registration, saying that in the process of protecting data, ease of doing business should not be hampered.

 

Tojuola Yusuf opined that data protection expertise should be considered in the membership of the Board for the Commission.

 

Dr Rachel Akangbe said, clause 29 which deals with destruction of data should be reviewed, suggesting that there should be data disposal instead of data destruction.

 

Barrister Olajide Omosanya advocates for increment in fine, saying “We need to have a slightly higher fine like N5million or N10 million or we have exemplary damages depending on the breach.”