DIGITAL RIGHTS WORKSHOP, UYO, 2020

Participants in a Group session reviewing the Digital Right and Freedom Bill

DIGITAL RIGHTS WORKSHOP.

@ Aliz Ambruz Hotel, Uyo, Akwa Ibom Sate.

#DigitalRightsUyo2020.

Two Days Workshop.

DAY ONE (18th February, 2020).

@ParadigmInitiative @PolicyAlert @RootHub

PARADIGM INITIATIVE is focused on building Digital Rights Programme and Support ICT and capacity building for Communities that are undeserved since 2007.. Tosin Abolaji (Digital Inclusion Officer- Paradigm Initiative).

Policy Alert area of interest is on budgeting, Oil, Gas and Mining including Governance.

INTRODUCTION TO DIGITAL RIGHTS by Mr. Adeboye Adegoke (Programme Officer-Paradigm Initiative).

Digital Rights 101:

Human Rights Online? Internet Freedom? Human Rights in the Digital age.

The same Rights that people have offline, must also be protected online. (The UN Human Right Council).

  1. Absolute Freedom o Expression. 2. Privacy vs Surveillance

SOME FACTORS AFFECTING DIGITAL RIGHTS:

Attacks on the confidentiality of Journalists sources.

Unlawful or Arbitrary Surveillance on communication.

DIGITAL RIGHTS LIMITING FRAMEWORS IN NIGERIA:

Cybercrimes Act 2015

Terrorism Prevention Acts

Criminal and Panel Code

DRAFTS: Hate speech Bill Protection from Internet Falsehood Bill (Social Media Bill).

SUBSIDIARY: NCC Regulations; lawful interception of Communication.

N/B: “DIGITAL RIGHTS IN NIGERIA IS ZERO (0), NO DIGITAL RIGHTS”.

TALKING POINT: “Everyone has a Right to freely express themselves, and after such”..

Bloggers, Journalists and Oppositions have become targets of Cybercrime -esque laws across Africa. The Right to freely express independently…

N/B: AFRICAN DECLARATION ON INTERNET RIGHTS AND FREEDOM’S KEY PRINCIPLES.

METHODS OF DIGITAL RIGHTS:

Policy Interventions: Memo, Public hearing.

Policy briefs

Litigation

Convening Digital Rights

Workshops and Advocacy.

PLATFORMS:

The Nigerian Internet Governance Forum among others.

Mr. Adeboye Adegoke sharing insights on introduction to Digital Rights

PRIVACY AND DATA PROTECTION by Mr. Ridwan Oloyede

Privacy: The Right to be left alone (Right to respect for private-life..UDHR 1948). Privacy means everything except secrets. Data Protection: The Right to protection with respect to processing personal data. Data protection does not stop at electronic data.

TERMS:

Personal data, Special categories of personal data, Processing, Data controller, Data processor and P11 vs Personal data.

PRINCIPLES OF DATA PROTECTION:

Lawfulness, fairness and transparency

Purpose limitation

Data minimization

Storage limitation

Accuracy

Integrity and Confidentiality

Accountability.

LAWFUL BASES :

Contract, Legal Obligation, Vital interest, Public interest, Legitimate interest and Consent.

N/B: “CONSENT IS NOT THE ONLY LAWFUL BASIS FOR THE PROCESSING OF PERSONAL DATA”.

RIGHTS AND DEROGATONS:

Access, Rectification, Portability, Restriction of Processing, Erasure, Objection and lodge complains.

PRVACY AND DATA PROTECTION LAWS IN NIGERIA AND REGULATORS:

Child Right Acts

Freedom of Information Act

The Constitution of the Federal Republic of Nigeria 1999.

National Identity Management Commission (NIMC).

Federal Ministry of Health

National Information Technology Development Agency (NITDA)

Nigeria Communication Commissions (NCC)

Cybercrimes (Prevention and Prohibition Act 2015).

Central Bank of Nigeria.

NDPR at a glance:

Principles of data processing.

Lawful basis of processing.

Rights of Data subjects.

IMPLEMENTATION STRATEGY:

DPCO shall make an Audit Verification Statement.

Awareness and Sensitization of Staff.

Conduct Data Protection Impact Assessment.

Notify Supervisory Authority

Update and Review agreement with third party processors.

Imbibe security and privacy by design and as default.

Conduct data mapping.

Mr. Ridwan Oloyede facilitating on Privacy and Data Protection

ACTIVE CITIZENSHIP, OPEN GOVERNMENT AND DIGITAL RIGHTS by ED, POLICY ALERT, UYO (Mr. Tijah Bolton-Akpan):

Technogovernance: e-government, e-parliament, e-democracy, opengov.

The process of law should be all inclusive- e-bills will be helpful through the aid of technology. The Digital culture of e-governance should be embraced. “Transperancy without out-take, will not lead to accountability”.

Tech opens the door to bold fresh ideas for Government accountability, transparency and citizen participation.

Open data and emerging technologies including Artificial Intelligence (A.I) e.t.c. I.T Modernization efforts to help ensure Government leads in public service innovations designed by and for citizens.

ACTIVE CITIZENSHIP: A philosophy that ascribes members of charitable Organizations, Companies or Nation, states certain roles and responsibilities to Society.

Is Digital Citizenship “a thing”?

Digital Citizens: Taking steps to engage capacity of the new world of Tech that has present itself. Digital citizenship empowers people to reap the benefits from digital space. They use technology to actively engage in and with society. They are “those who use the internet regularly and effectively”.

CHALLENGES TO DIGITAL RIGHTS IN THE ERA OF OPEN GOVERNMENT:

Fake news, Biased system, Identity theft, Growing Assaults on Privacy, Internet Shutdowns, Shrinking Civic Space, Civil Society and Media under attack…

WHAT IS #OPENGOV?

Open Government is the Government doctrine which holds that citizens have the Rights to access the documents and proceedings of the Government to allow for effective public oversight. An Open Government is one with high level of transparency and mechanisms for public scrutiny and oversight in place.

GOV. 2.0: is often used interchangeably wit open gov, but more accurately refers to the utilization of open, collaborative technologies to create a platform through which Government and individuals can work together to improve transparency and efficiency of Government services.

Civic Technology: is the use of technology, especially software to improve communications, decision making, service delivery and political process, thereby enhancing relationship between Government and the public.

GovTech: is a whole of Government approach to digitalization that promotes simple, efficient….

Open Data: is data that can be freely used, reused and redistributed by anyone.

Open Government Partnership (OGP): Movement of citizens and Government to be able to work together to create action plans. This model helps ensure citizens play a role in shaping and overseeing Government.

OGP Principles:

Transparency, Accountability, Citizen engagement, Technology and Innovation.

RIGHTS OF DATA SUBJECTS AND IMPACTS OF VIOLATION by Mr. Ridwan Oloyede.

N/B: Social Engineering.

Late reporting and notification

Unlawful cross-border transfer of data.

Unlawful storage of data.

Unlawful sale of data.

Poor consent management and unlawful access to information.

CYBERSECURITY Laws, Policies and Regulators in Nigeria: Office of the National Security Adviser.

SOME OF THE STATUTORY DATA DETENTION SCHEDULE UNDER THE NIGERIAN LAW:

PLAYING IT SAFE:

Adjust Privacy settings. Use privacy friendly tools. Stay aware. Freebies stay far away. Read privacy notices and terms of use. Great passwords. Share carefully (the internet never forgets). Be careful about the information you give.

“The best way to learn is to unlearn and unlearning is so difficult”…

Mr. Tijah Bolton-Akpan, ED, Policy Alert facilitating on Active Citizenship, Open Government and Digital Rights

DAY TWO (19th February, 2020).

DIGITAL RIGHTS AND FREEDOM BILL 2019.

NET Right Coalition.

Human Rights Bill is not a natural bill or financial bill.

The internet Freedom Forum in Abuja, April 2016.

February, 2019, the bill went to the Senate and when it gets to Mr. President, unfortunately, he didn’t sign the bill for technical reasons.

Paradigm Initiative is working on ensuring that the Digital Rights and Freedom Bill is signed.

“When you look at how SARs intimidate people and ask them to bring their laptops; the Digital Right Bill will criminalize such act”… Adeboye Adegoke. 

DIGITAL IDENTITY:

Contemporary challenges for data protection and privacy Rights.

Identity is vital to participate fully in modern Digital Society……

What then is Digital Identity? A set of electronically captured and stored attributes and credentials that can uniquely identify a person that individualize a person in a computer-based environment.

TYPES OF DIGITAL IDENTITY:

  1. Identity issued by an identity provider including; Banks, Telcos etc.
  2. De facto Identity.
  3. Self-Asserted and Self-Sovereign Identity.

DIGITAL IDENTITY SYSTEMS: A Digital Identity System involves capturing the unique identity of everyone in a Country and storing of such information.

WHY DIGITAL ID? The Digital revolution of the 21st century is driving everyone to embrace technology to varying degree.

Issues of Digital ID: The Digital Identity Systems being implemented are not transparent and hardly inspire trust. No Digital Protection Law. Proliferation of the process.

“Blog: National Identity will benefit those that have access, how about others”… Adeboye Adegoke.

Identity Systems, even when they are claimed to be voluntary, are core to systems of control that result in service interferences with freedom and dignity. The safeguards that must be in place before any identity systems, implemented are rarely present.

PRIVACY:

Informed, meaningful user consent and control, privacy by design, data minimization, security, openness.

Legal vs Digital Identity.

National Identification Registry etc.

Advocacy Talking Points:

Digital Identity Platforms will only contribute to the Protection of Human Rights, if the Providers adequately mitigate any risks of potentials discrimination and promote high standards f privacy and data protection.

GROUP SESSIONS:

Discussion on what should be in the Bill that is not?

What is in the Bill that should be taken out?

How to get the National Assembly to get the President Sign the Bill.

DIGITAL SECURITY TOOLS AND PRACTICES by Adeboro Odunlami (Legal Officer -Paradigm Initiative).

Digital Security, think of your person? There are different practices of Digital Security, depending on how vulnerable you are. Digital security simply involves the “protection of a person’s Digital Personality”.

Ever been hacked? Tips :.. Browse incognito/Private mode, Look over your shoulders, Don’t take your eyes off your computer (windows+L), Do not save passwords, Sign out, Ctrl+Shift+Del, Restart Computer.

Working on your Computer: Get an Anti-Virus Software, Have a preference for the Tor Browser, Beware of Phishing, Set automatic updates, Explore your browser’s privacy settings.

Encryption: You may use Vera crypt on your computer. You may use signal/silent phone on your phone calls. Use as your default SMS App as well.

Secure Communication: IM, Email, Cyph.im, Protomail, Telegram, Signal and Chatsecure etc.

Password: A good password consists of number + alphabets (Aa) + Symbols. Should be about 16 characters. Use different passwords for different accounts.

Phishing: Tips to avoid phishing. Don’t click on links by unknown persons, Don’t click on suspicious looking links, Type in link directly to verify, Don’t open attachments/click unsubscribe in spam messages, Reduce influx of spam messages.

Phone Security: Use Screen lock, Patterns, Lock your Apps, and use Anti-virus.

If you are hacked, mail help@safeonline.ng

Adeboro Odunlami facilitating on Digital Security Tools and Practices.

USING THE FOI AND STRATEGIC LITIGATION AS ADVOCACY TOOLS by Adeboro Odunlami.

FOI: Freedom of Information is to have access to public information.

FOI…Entails the Rights of Citizens to public information. Features include: Democracy, Rights, Privacy, Accountability, Open Data, Access, Government Institutions, Information, Public Data and National Security.

Freedom of Information Act 2011

Strategic Litigation

Litigation is taking someone to court.

Strategic Litigation is taking Government/ Public related agencies to court.

Why Litigation? Litigation is the last option, when every other option fails.

“The best way to get a bad Law repealed is to enforce it strictly”.. Abraham Lincoln.

“It has been discovered that where the Power of Telecommunication ends, is where the Court starts”…

The Cybercrimes Act secton 24.

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