By Tolulope Idowu
As the Nigerian Bar Association 2024 Elections approach, the threat to the sanctity of members’ personal privacy intensifies by no other actors than those promising to serve the Bar! What an irony.
The recent use of personalized SMS and email campaigns by candidates in Nigerian Bar Association election raises significant concerns about the violation of members’ rights to privacy and the disregard for basic principles of data protection.
The Issue at Hand
We keep receiving tailored messages from candidates vying for various positions in the bar association. While this might seem like a modern and efficient way to engage with potential voters, the issues surrounding the utilization of personal information in these manners are troubling. Many members are unaware of how their data was collected, who has access to it, and how it is being used. This lack of transparency not only undermines trust but also potentially violates data protection laws designed to protect individuals’ privacy.
One of the cornerstones of data protection legislation, such as in Section 25 of the Nigeria Data Protection Act (NDPA), is the requirement for explicit consent as a lawful basis for the processing of personal data. Consent must be freely given, specific, informed, and unambiguous. In the context of these personalised campaigns, it is questionable whether members gave explicit permission for their personal information to be used in campaign the communications. Without clear consent, the use of personal data for targeted messages is not only unethical but potentially illegal.
Transparency and Accountability
Transparency is a fundamental principle of data protection. Members have the right to know what data is being collected, how it is being used, and who it is being shared with. Unfortunately, the current practices of these candidates often lack transparency. There is little to no information provided to members about the data collection process, the specific purposes for which their data is used, or the measures in place to protect their information. This opacity is a direct violation of data protection principles and erodes the trust that is essential in any democratic process.
The Growing Disparity
The actions of these candidates highlight a broader issue: the growing disparity between the basic principles of data protection and the compliance of actors, i.e., data controllers and processors, with legal provisions. Despite the existence of data protection law and applicable frameworks under the NDPA, there remains a significant gap between what the law mandates and how data is actually managed. This disparity underscores the urgent need for increased vigilance and accountability in ensuring that personal data is handled with the care and respect it deserves, particularly given that the actors in this instance are duty-sworn to uphold the tenets of the law.
The Nigerian Bar Association and regulatory bodies must ensure that candidates and other entities adhere to these laws, protecting the privacy rights of their members.
Standing up for Privacy
As members of the legal profession, we have a duty to uphold the highest standards of ethics and integrity. It is essential that we hold ourselves and our peers accountable to these standards, especially when it comes to protecting the privacy of individuals. The NBA should take immediate steps to review and regulate the use of personal data in election campaigns. This includes ensuring that explicit consent is obtained, that data collection and usage are transparent, and that robust security measures are in place to protect personal information.
In conclusion, the use of personalized SMS and email campaigns in the bar association elections, without proper adherence to data protection principles, is a violation of members’ rights to privacy. It is a call to action for all of us to advocate for stronger enforcement of data protection laws and to prioritize the privacy and trust of the individuals we serve. Let us lead by example and ensure that the digital age does not compromise the fundamental rights and freedoms that are the cornerstone of our profession.
