Every milestone attained in life is accompanied with projections. For a
secondary school graduate, the expectation is that she/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 pa55ing 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.
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.
About the Author:
Uche Anichebe is a practicing lawyer who is enamored with literature. She is the co-author of the book, Whispers from the Desert and has written a good number of short stories.
Uche Anichebe is a practicing lawyer who is enamored with literature. She is the co-author of the book, Whispers from the Desert and has written a good number of short stories.
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