By Olumide Babalola
In recent years, the practice of disseminating examination results through social media platforms, particularly WhatsApp, has become increasingly common in Nigerian universities. While this method offers a convenient way for students to access their results quickly, it raises significant concerns regarding privacy, data protection, and the ethical implications of sharing personal information in public forums.
The Context of Data Privacy in Nigeria
Nigeria, like many other countries, has recognized the importance of privacy and data protection under the Constitution and through the enactment of the Nigeria Data Protection Act (NDPA) in 2023. The NDPA particularly aims to safeguard the personal data of individuals and sets out the framework for the processing and management of such personal information.
Under the NDPA, personal data is defined broadly and includes any information that relates to and can identify an individual, such as examination results. This is issue was particularly decided in the European decision of Peter Nowak v Data Protection Commissioner ( C-434/16) where the Court of Justice of the European Union held that information relating to examination answers and scripts constitute personal data.
Key provisions of the NDPA relevant to this discussion include:
1. Consent: The NDPA emphasizes the necessity of obtaining explicit, informed and voluntary consent from individuals before processing their personal data. In the context of universities sharing results on WhatsApp, this raises the question of whether students can validly consent to their results being broadcasted in such a public manner. Even where the students ‘consent’, this becomes tricky when you consider the relationship between students and their lecturers or university management which usually leaves the students with fewer choices in such decision-making. The imbalance in this bargaining power of a subordinate (the students in this case) usually vitiates consent.
2. Fairness: Under the NDPA, the principle of fairness demands that personal data must not be used to prejudice data subjects. In other word, personal information must not be processed in a manner that exposes the data subject to ridicule, discrimination or unfair treatment. By the publication of results, students’ individual performances (a personal affair) are unwittingly exposed to their colleagues and the public by their school. This exposure may lead to classism, abuse, depression, anxiety and ridicule, especially suffered by the students with poor results.
3. Data Minimization: The NDPA also stipulates that only the minimum necessary data should be processed for specific purposes. Displaying results in a group chat does not adhere to this principle, as it exposes students’ results to everyone in the group, potentially including individuals who are not authorized to access such information.
4. Confidentiality and Integrity: The NDPA mandates that organizations take appropriate measures to ensure the confidentiality and integrity of personal data. Posting results in a public forum compromises these principles, exposing students to potential embarrassment or harm if their performance is less than satisfactory.
Ethical Considerations
The ethical implications of sharing examination results in WhatsApp groups extend beyond legal compliance. Universities have a duty of care to protect their students’ personal information. By prioritizing convenience over privacy, institutions risk undermining the trust students place in them. Furthermore, the social dynamics within group chats can lead to harmful comparisons and undue stress among students. A student who may have performed poorly could face social stigma or harassment from peers, highlighting the potential psychological impact of such practices.
Alternatives to Ensure Privacy
To balance the need for convenience with the imperative of protecting students’ privacy, universities could adopt several strategies:
1. Secure Portals: Instead of public group chats, universities could develop secure online portals where students can log in to view their results. This approach would ensure that only authorized individuals have access to their personal information.
2. Individual Notifications: Institutions could send results directly to students via email or SMS, allowing for privacy while still providing timely access to important information.
3. Informed Consent: If universities choose to continue using WhatsApp, they should ensure that students are fully informed and provide explicit consent for their results to be shared in this manner.
Conclusion
While the display of examination results in WhatsApp groups may offer a quick solution for accessing academic performance, it raises profound concerns about privacy and data protection. The NDPA provides a framework for protecting personal data, and universities must prioritize these legal obligations alongside ethical considerations to safeguard their students’ privacy. By adopting alternative methods for result dissemination, educational institutions can uphold the dignity and confidentiality of their students while still providing timely access to crucial academic information. The path forward lies in finding a balance between convenience and the fundamental right to informational privacy.