Legal Implications Of Data Privacy Amid Telecom Price Hikes In Nigeria

The sharp rise in telecom tariffs by major telecom providers such as has sparked widespread con­cerns in Nigeria. While these hikes are justified by telecom companies as necessary for oper­ational costs and service improve­ments, they also raise critical questions about consumer rights, particularly regarding data pri­vacy and protection. As Nigeri­ans are compelled to subscribe to larger data packages to cope with rising costs, there is growing anx­iety over how telecom companies collect, store, and use their per­sonal information.

This issue is not just an eco­nomic challenge but also a legal one.

The Nigerian Data Protection Act (NDPA), signed into law in June 2023, alongside other data protection regulations, provides a framework for ensuring that consumer data is handled respon­sibly.

However, with reports of in­creasing data breaches and con­cerns about unauthorised data sharing, the effectiveness of these legal protections is now under scrutiny.

Legal Framework For Data Privacy In Nigeria

Nigeria has made strides in data protection through several legislative measures, including:

”The 1999 Constitution (Sec­tion 37) – Guarantees the privacy of citizens, including their com­munications and personal data.

”The Nigerian Data Protec­tion Act (NDPA) 2023, establishes a comprehensive framework for data privacy, ensuring that per­sonal data is collected and pro­cessed transparently.”

The Nigerian Data Protection Regulation (NDPR) 2019 intro­duced by the National Informa­tion Technology Development Agency (NITDA), it outlines principles of data collection, consumer rights, and company obligations.

Despite these legal safeguards, enforcement remains weak, and many Nigerians remain unaware of their rights regarding data privacy. This lack of awareness creates an environment where telecom companies may exploit consumer data with little account­ability.

According to an article by “Banwo & Ighodalo” who played a pivotal role in the emergence of the Data Protection Act, through the provision of advisory, con­sultative and advocacy services to the NID4D, with the support of the World Bank, the Act essential­ly, applies to companies or entities incorporated and established un­der Nigerian law to carry on busi­ness in Nigeria, and those which, though not incorporated under Nigerian law or established in the country, have operations that ex­tensively utilise the personal data of Nigerian residents and citizens in their day-to-day business.

“It should be noted that the Act does not cover the processing of personal data carried out solely for personal or household purpos­es. However, this exemption ap­plies only where such processing does not constitute a violation of a data subject’s fundamental right to privacy.

The Act takes priority over any other law or enactment relating directly or indirectly to the pro­cessing of personal data of data subjects in Nigeria, and the pro­visions of the Act shall prevail over any inconsistent provisions in any other law or enactment on personal data processing.

However , the recent telecom price hikes are unprecedented, with some data plans increasing by over 100%. A 15GB package that once cost N2,500 now ex­ceeds N6,000. This price surge disproportionately affects stu­dents, small business owners, and low-income earners who rely on mobile data for essential activi­ties.

As telecom companies push for larger data plans, they col­lect more personal information from consumers—often without explicit consent. Many users unknowingly agree to broad da­ta-sharing policies hidden in com­plex terms and conditions. These policies may allow telecom firms to share or sell consumer data to third-party advertisers, leading to unsolicited messages, targeted ads, and potential data breaches.

Legal Concerns: Are Telecom Compa­nies Violating Data Protection Laws?

Under the NDPA and NDPR, telecom operators must obtain explicit consent before collecting or using consumer data. However, many Nigerians report receiving unsolicited marketing messages and calls, suggesting that their data may be shared without prop­er authorisation.

Legal experts argue that tele­com companies may be violating the consent principle outlined in the NDPR, which mandates that consumers must be fully in­formed about how their data will be used and given the choice to opt out. Additionally, consumers have the right to be forgotten, meaning they should be able to request that their data be deleted when they discontinue services. However, enforcement of these rights re­mains weak.

In response to growing public outcry, Nigerian lawmakers have begun addressing the issue. Some members of the House of Repre­sentatives have raised concerns that telecom operators may be engaging in data exploitation, selling user information without consent.

There have been calls for: a stronger regulatory framework – Ensuring that telecom companies comply with existing data protec­tion laws.

“Greater transparency which includes mandating that telecom providers disclose how they col­lect and use consumer data.

Regulatory agencies must in­crease monitoring and impose stricter penalties on companies found violating data protection laws.

Some lawmakers have also proposed creating a national consumer protection commission to provide Nigerians with legal recourse against telecom compa­nies that misuse personal data.

Consumer Rights and Legal Remedies

Nigerians affected by potential data breaches or unauthorised data sharing have legal avenues to seek redress, including:

1. Filing complaints with NIT­DA – The agency oversees compli­ance with the NDPR and can in­vestigate data privacy violations.

2. Legal action under the NDPA and Consumer Protection Act – Consumers can sue telecom pro­viders for unauthorised data use, particularly if personal informa­tion is shared without consent.

3. Class-action lawsuits – Af­fected consumers may collectively take legal action against telecom companies for widespread priva­cy violations

The Path Forward: Strengthening Data Privacy Protections

To ensure that consumer rights are protected amid rising telecom costs, Nigeria must take decisive steps to enhance data privacy en­forcement. This includes:

* Public awareness campaigns – Educating Nigerians on their data privacy rights and how to protect their personal information.

* Stricter penalties for data breaches – Imposing heavy fines on telecom companies that fail to secure consumer data.

* Independent oversight bodies – Establishing a consumer protec­tion agency with the authority to regulate telecom data practices.

As Nigeria navigates this dig­ital era, it is critical that policy­makers and regulatory bodies uphold the principles of data privacy. The rising cost of tele­com services should not come at the expense of consumer rights. By enforcing legal protections and holding telecom companies accountable, Nigeria can create a more transparent and secure digital landscape for all citizens.