Every milestone attained in life is
accompanied with projections. For a secondary school graduate, the
expectation is that s/he would gain admission into a tertiary
institution of repute. Upon graduation from the Nigerian varsity, the
typical expectation becomes that the youth in question will almost
immediately commence the National Youth Service Corps (NYSC) programme
and ultimately bid farewell to the long years of dependence by carving a
niche in the labour market. In a quasi-idyllic society, the last
mentioned expectations would almost be routine – placing no cause of
alarm for the corps member in question. However, in Nigeria, owing to
the paucity of institutions that can employ the teeming graduates
churned out by the tertiary institutions, the completion of the NYSC
program, offers no guarantee of getting gainful employment.
Given
the unpleasant state of affairs, untold anxiety, desperation and
frustration become deep seated in the minds of corps members as the
service year crawls to an end. Consequently, a good number of corps
members fall prey to unscrupulous recruitment agencies that get hold of
their personal data and fabricate nefarious strategies of exploiting
them financially.
It is not uncommon
for corps members to receive recruitment invitation via text message and
emails from faceless recruitment agencies shortly before the conclusion
of their service years, and thereafter, shortly after the conclusion of
their service year. Most of these so-called recruitment agencies, aware
of the teeming rate of unemployment in Nigeria and the consequential
desperation of the Nigerian youths, devise means of robbing the youths
in question.
It has been over a month
since I completed my NYSC Program and since then, there is not a week
that I do no not receive invites from scam recruitment agencies.
Perhaps, I might have fallen prey to their deceitful devices had I not
been forewarned to be wary of unsolicited recruitment text messages and
emails. Two days after my passing out parade, I received a text message
from a fellow who called himself Kenechi. He addressed me by my first
name and claimed to have made my acquaintance at the Lagos orientation
camp. According to him, there was a hushed internal recruitment going on
in Shell Petroleum Development Company. He claimed that he had strong
connections there and was willing to help me get full employment. He
asked that I call him if I was interested so we could immediately
commence the registration process and of course, that I should send
Forty-Five Thousand Naira to him to settle one of his oga who was
involved in the recruitment process.
I
was shocked. I knew instantly that I had received my first scam
message. The name the fellow had settled for is an overly common Igbo
name and understandably so. He was trying out his luck with an Igbo name
which he hoped would ring a bell. I knew a lot of people, who bore that
name, but the truth is, I was closely related to them, I knew them all
too well and not one of them was a corps member. Also, although my
call-up letter had indicated that I was deployed to the Lagos
orientation camp, official plans changed and I eventually camped in a
neighbouring state. Perhaps, I was deeply asleep when the fellow
teleported me to the Lagos Orientation Camp, made my acquintance and
became my jolly good friend!
Few days
later, I had course to interact with some ex-corps members. One
discussion led to another and finally came to the issue of the scam
employment messages. There was not one of them who had not received it.
Some of them had been called and others received emails. The messenger
had come up with names which were very common in the target’s tribe and
also claimed to have met them at their orientation camps. Again, just as
in my case, although the official call up letters indicated the Lagos
Orientation camp, some of them had had to camp at the orientation camps
of neighbouring states. In fact, some of them had used their preferred
nicknames or middle names at the orientation camp and there would have
been no way anyone would have gained knowledge of their first names
without having skimmed through the pages of the record books kept with
the NYSC or the so called NYSC ‘book of Life”. I would later learn that
some ex-corps members fell prey to the employment scams. Owing to their
anxiety or sheer naivety, they were deceived into parting with recharge
cards and considerable sums of money for so called registration fees,
identification fee, consultancy charges, examination fees, processing
fee, and what-have-you.
Other related
messages which most ex-corps members and I have received on more
frequent basis are purportedly from the human resource managers of
non-existent companies which go by likewise non-existent names. As part
of their strategy, they claim that their target was recommended by an
undisclosed person for a lofty position in their organization and
request that the target comes on a scheduled day for interview/job
briefing. Some colleagues of mine who attended the so called job
briefing reported that it was all a hoax calculated to ultimately rob
them financially. So far, I am unaware of any good that came from those
job invites.
From the foregoing, it
will not be farfetched to presume two possibilities: that the personal
data submitted by corps members to the NYSC are left grossly unprotected
and permitted to get into the hands of unauthourised third parties,
hence the many years of exploitation of corps members’ personal data by
unscrupulous elements. The second possibility is that the Year Book
which is published by the NYSC and contains the basic records of corps
members are taken advantage of by contemptuous persons.
The
legal regime for data protection in Nigeria is still evolving, hence
there are no sector specific laws which regulate the collection and
processing of data in Nigeria. However, the Nigerian Constitution
guarantees and protects the right of privacy of citizens under Section
37. The language of the constitution is wide enough to accommodate and
protect “personal data”, notwithstanding that same was not expressly
mentioned therein.
With view to have a body of laws which would enhance data protection in Nigeria, the Draft Guidelines on Data Protection (“the Guidelines”) was enacted pursuant to the National Information Technology Development Agency Act (“the Act”). It is the only regulation which makes copious provisions relating to the collection, processing and protection of personal data and it seeks to apply across board, irrespective of the sector of the economy in which it is sought to be enforced. However, the National Information Technology Development Agency (“NITDA”) is yet to formally issue any instrument indicating the commencement of the Guidelines. Although the Guidelines are yet to be finalized, it will be prudent if the NYSC and indeed all data controllers (the “Controllers”) of personal data in Nigeria be guided by its provisions, as it sets out in lucid terms the best practice in data protection.
With view to have a body of laws which would enhance data protection in Nigeria, the Draft Guidelines on Data Protection (“the Guidelines”) was enacted pursuant to the National Information Technology Development Agency Act (“the Act”). It is the only regulation which makes copious provisions relating to the collection, processing and protection of personal data and it seeks to apply across board, irrespective of the sector of the economy in which it is sought to be enforced. However, the National Information Technology Development Agency (“NITDA”) is yet to formally issue any instrument indicating the commencement of the Guidelines. Although the Guidelines are yet to be finalized, it will be prudent if the NYSC and indeed all data controllers (the “Controllers”) of personal data in Nigeria be guided by its provisions, as it sets out in lucid terms the best practice in data protection.
The
Guidelines provide the general principles of data protection and the
measures which Controllers must put in place in collecting, accessing
and processing the information of data subject. It requires Controllers
to process data in a fair and lawful manner and provides that data which
is collected be used only for the purpose it was collected. It further
requires the consent of data subjects to be obtained before their data
are collected and processed and that that appropriate technical and
organizational measures are established to protect the data and that the
data collected be processed in accordance with the rights of the data
subjects.
If the present regime of
third party exploitation of data lodged with the NYSC must come to an
end, the NYSC must imbibe the principles enshrined in the Guidelines. It
must ensure that as a Controlller, all data of corps members in its
custody are processed fairly and lawfully and kept away from the prying
eyes of third parties who do not have the authority to process the data
in question. Protective measures should also be put in place to ensure
that the data is only accessible to persons/organizations which have
proven record of competence and have provided sufficient justification
to obtain and process the personal data. All transfer of data must be
with the prior consent of the corps members and for their ultimate
benefit. Also, the submission and onward publication of the personal
information of corps members in the Year Book should be at the
discretion of the corps members. The affirmative consents of the corps
members must be obtained before their particulars are published to the
entire public in the Year Book.
Furthermore,
given the dire need of an instrument on data protection, the Nigerian
government should take proactive steps to give the Guidelines the force
of law and ensure that it is strictly complied with by institutions in
the private and public sectors. Also, emphasis should be placed on
drastically reducing the overwhelming rate of unemployment in Nigeria
and providing an enabling socio-economic environment for small and
medium enterprises in Nigeria.
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